Compulsory and discretionary conditions
The following conditions are compulsory:
- Stating the days and hours during which alcohol may be sold or delivered (s.110(2)).
- Stating the fees payable for licensing the premises (s.110(2)).
- Stating (directly or by description) a place or places on the premises at which drinking water is freely available to customers, while the premises are open for business (s110(2)).
The following conditions are discretionary (s.110(1)):
- Prescribing steps to be taken by the licensee to ensure that the provisions of the Act relating to the sale of alcohol to prohibited persons and the management of the premises are observed.
- Prescribing the people or kinds of person to whom alcohol may be sold or supplied.
- Imposing a one-way door restriction.
The District Licensing Committee/ARLA may also impose any other reasonable condition that is not inconsistent with the Act (s.117).
An undertaking is a written promise offered as security for the performance of a particular act required in a legal action eg, a licensee makes a promise (or undertaking) not to make single sales of RTDs. Undertakings arose because the previous legislation (Sale of Liquor Act 1989) restricted the scope of discretionary conditions.
The Sale and Supply of Alcohol Act 2012 made wider provision for general conditions, negating the need for undertakings. What were previously offered as undertakings should now be imposed as conditions on the licence. This affords greater powers to the Police and Licensing Inspector to monitor and enforce compliance with licence conditions.
An undertaking may be appropriate in a small number of cases, for example, where a licensee agrees to remove some signs from their premises within an agreed period of time or before issue of a licence.