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The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010

S.I. 2010/860 · Made 16 March 2010 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 15 September 2026.

Licences And Licensing

Made 16th March 2010

Coming into force

Paragraphs 4 and 5 of the Schedule 1st October 2010

Remainder 6th April 2010

The Secretary of State makes the following Order in exercise of the powers conferred by sections 19A, 73B and 197(2) of the Licensing Act 2003f1.

In accordance with section 197(4) of that Actf2, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

In accordance with sections 19A(1) and 73B(1) of that Act, the Secretary of State considers it appropriate for the promotion of the licensing objectivesf3 to specify the conditions set out in this Order.

Annotations to the whole text

Footnotes

f1

2003 c.17; sections 19A and 73B were inserted by paragraphs 2 and 4 respectively of Schedule 4 to the Policing and Crime Act 2009 (c.26).

f2

Section 197(4) was amended by paragraph 44 of Schedule 7 to the Policing and Crime Act 2009.

f3

See section 4(2) of the Licensing Act 2003.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Mandatory conditions
  4. Signature
  5. Schedule: Mandatory Licensing Conditions
  6. 1Paragraph 1
  7. 2Paragraph 2
  8. 3Paragraph 3
  9. 4Paragraph 4
  10. 5Paragraph 5 Repealed
  11. Explanatory note

1Citation and commencementI1

(1)

This Order may be cited as the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010.

(2)

This Order shall come into force on 6th April 2010 other than paragraphs 4 and 5 of the Schedule which shall come into force on 1st October 2010.

2InterpretationI1

In this Order—

  • “the Act” means the Licensing Act 2003;

  • “anti-social behaviour” has the meaning given in section 36 of the Anti-social Behaviour Act 2003f1;

  • “disability” has the meaning given in section 1 of the Disability Discrimination Act 1995f2;

  • “relevant premises” has the meaning given in paragraphs (a) and (b) of the definition in section 159 of the Act;

  • “responsible person” has the meaning given in paragraphs (a) and (b) of the definition in section 153(4) of the Act.

3Mandatory conditionsI1

(1)

Subject to paragraph (3), in relation to an existing or future relevant premises licence, the conditions set out in the Schedule are specified for the purposes of section 19(4)f1 of the Act (mandatory conditions where licence authorises supply of alcohol).

(2)

Subject to paragraph (3), in relation to an existing or future relevant club premises certificate, the conditions set out in the Schedule are specified for the purposes of section 73Af2 of the Act (mandatory conditions relating to the supply of alcohol to members or guests).

(3)

The conditions in paragraphs F11, 2 and 4 of the Schedule do not apply where the licence or certificate authorises the sale by retail or supply of alcohol only for consumption off the premises.

Signature

Alan Campbell

Parliamentary Under Secretary of State

Home Office

16th March 2010

1F1

(1)

The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

(2)

In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises—

(a)

games or other activities which require or encourage, or are designed to require or encourage, individuals to—

(i)

drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

(ii)

drink as much alcohol as possible (whether within a time limit or otherwise);

(b)

provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

(c)

provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

(d)

selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

(e)

dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

2F1

The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

3F1

(1)

The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

(2)

The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

(3)

F2Subject to sub-paragraph (4), the policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either—

(a)

a holographic mark, or

(b)

an ultraviolet feature.

(F34)

The age verification policy may make provision permitting a responsible person to accept identification in digital form (“relevant ID”) instead of identification of a type described in sub-paragraph (3).

(5)

Where provision envisaged by sub-paragraph (4) is included in the policy, the policy must make provision dealing with the circumstance described in paragraph (6).

(6)

The circumstance in this sub-paragraph arises where—

(a)

the responsible person has reason to believe that a person (“P”) who seeks to be supplied with alcohol from a place to which the age verification policy applies has not attained the age of 18, or such greater age as the age verification policy may prescribe (“the relevant age”); and

(b)

P has indicated their wish to use the relevant ID.

(7)

When the circumstance in paragraph (6) arises, the policy must state—

(a)

that P is obliged, upon the request of the responsible person, to make available to the responsible person the means by which their relevant ID may be verified; but

(b)

that the responsible person may only accept P’s relevant ID where the condition in sub-paragraph (8) applies.

(8)

The condition in this sub-paragraph is that the responsible person is covered by an agreement with a DVSP (“the relevant DVSP”) for the provision of digital verification services where—

(a)

the relevant DVSP has agreed that it will confirm, in the course of providing its services to the responsible person, whether or not P has attained the relevant age;

(b)

the relevant DVSP has agreed that it will deliver identification to the responsible person that reaches at least a medium level of confidence;

(c)

that level of confidence has been verified by a DVSP, whether that DVSP is the relevant DVSP or another; and

(d)

the relevant DVSP is registered as a provider of those services in accordance with Version 0.4 or Version 1.0 of the DVS trust framework.

(9)

In this paragraph—

(a)

“DVSP” means a person who provides digital verification services, and is included in the register maintained by the Secretary of State under section 32 (DVS register) of the Data (Use and Access) Act 2025 (“the 2025 Act”);

(b)

“DVS trust framework” is to be construed in accordance with section 28 (DVS trust framework) of the 2025 Act;

(c)

“medium level of confidence”, in respect of identification described in sub-paragraph (8)(b), is to be construed in accordance with—

(i)

Version 0.4 of the DVS trust framework, in the case that the relevant DVSP, or as the case may be, another DVSP provides the service described in sub-paragraph (8)(c), and is registered as a provider of that service, in the DVS register, in accordance with Version 0.4 of the DVS trust framework;

(ii)

Version 1.0 of the DVS trust framework, in the case that the relevant DVSP, or as the case may be, another DVSP provides the service described in sub-paragraph (8)(c), and is registered as a provider of that service, in the DVS register, in accordance with Version 1.0 of the DVS trust framework.

(10)

For the purposes of sub-paragraph (6) “supplied” is to be construed in accordance with section 14 of the Licensing Act 2003.

(11)

Nothing in sub-paragraphs (4) to (10) prevents the supply of alcohol to a person based upon identification of a type described in sub-paragraph (3).

4F1

The responsible person must ensure that—

(a)

where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures—

(i)

beer or cider: ½ pint;

(ii)

gin, rum, vodka or whisky: 25 ml or 35 ml; and

(iii)

still wine in a glass: 125 ml;

(b)

these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

(c)

where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

5F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explanatory note

(This note is not part of the Order)

Sections 19A and 73A of the Licensing Act 2003 (as inserted by section 32 of and Schedule 4 to the Policing and Crime Act 2009) provide for the Secretary of State to prescribe by order up to nine mandatory conditions applicable to relevant premises licences and club premises certificates. Relevant premises licences and relevant club premises certificates are those authorising the supply of alcohol to the public in licensed premises or to members or guests of clubs in club premises.

The Schedule to the Order sets out the five mandatory conditions which apply to relevant premises licences and club premises certificates from the date of coming into force of the Order as provided in article 1. The conditions apply to all relevant premises licences and all relevant club premises certificates authorising consumption of alcohol on the premises, with the exception of the condition in paragraph 4 of the Schedule, requiring an age verification policy to be adopted, which applies in addition to licences and certificates which permit the supply of alcohol only for consumption off the premises.