The Licensing Act 2003 (Mandatory Conditions) Order 2014

• Citation: S.I. 2014/1252
• Sections: 6

Section 1 Citation and commencement

This Order may be cited as the Licensing Act 2003 (Mandatory Conditions) Order 2014 and comes into force 14 days after the day on which it is made.

Section 2 Mandatory licensing condition

(1) In relation to an existing or future relevant premises licence, the condition set out in the Schedule is specified for the purposes of section 19(4) of the Licensing Act 2003.

(2) In relation to an existing or future relevant club premises certificate, the condition set out in the Schedule is specified for the purposes of section 73A of the Licensing Act 2003.

Section 1

A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

Section 2

For the purposes of the condition set out in paragraph 1—

(a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979 ;

(b) “permitted price” is the price found by applying the formula—

where—

P is the permitted price,

D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

“relevant person” means, in relation to premises in respect of which there is in force a premises licence—

the holder of the premises licence,

the designated premises supervisor (if any) in respect of such a licence, or

the personal licence holder who makes or authorises a supply of alcohol under such a licence;

“relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

“value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994 .

Section 3

Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

Section 4

(1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.