Point of Sale

SUBJECT 1- RESPONSIBILITIES OF LICENCE HOLDERS

The licensing objectives

a) There are four licensing objectives in the Licensing Act 2003. They are:

• The prevention of crime and disorder
• Public safety
• The prevention of public nuisance
• The protection of children from harm.

b) All individuals involved in the licensing process must carry out their functions with a view to promoting the licensing objectives. This includes anyone who sells alcohol.

The responsibility of a personal licence holder to authorise the sale of alcohol

1. a) Every sale or supply of alcohol under a premises licence must be made or authorised by a person who holds a personal licence. This means that if an individual is not a personal licence holder, that person can only sell alcohol in licensed premises if permission to do so has been given by a personal licence holder. The exception to this is explained in (d). It is sensible for the personal licence holder to provide this permission in writing and for it to be kept behind the bar and in the individual’s personnel folder.
2. b) Any sale or authorisation of alcohol made by a personal licence holder or their staff must be made in accordance with the terms of the premises licence.
3. c) You, as a responsible alcohol retailer, must ensure that you have been given permission to sell alcohol.
4. d) It is an offence for an alcohol retailer who is under the age of 18 to sell or supply alcohol unless each and every sale or supply is specifically approved by a responsible person. A responsible person is defined as:

• The premises licence holder
• The designated premises supervisor, or
• Another person aged 18 years or over authorised to give such approval by the premises licence holder or the designated premises supervisor.

1. e) It is not an offence for such a person to sell or deliver alcohol for consumption with a table meal to a person who is in an area where alcohol is only sold to persons having a table meal and the alcohol is for consumption ancillary to a table meal. This applies to a young person working as a waiter or waitress.
2. f) If your premise has failed to meet the above conditions, each sale of alcohol would be considered an unauthorised licensable activity and, therefore, an offence.

Licensable activities and the role and responsibilities of the designated premises supervisor

1. a) The following activities are defined in the Licensing Act 2003 as licensable activities:

• Sale of alcohol by retail
• Supply of alcohol in a club premises
• The provision of regulated entertainment
• The provision of late-night refreshment.

You should ensure that you know all of the licensable activities permitted by your premises licence.

b) A premises licence authorises the premises to be used for one or more of the licensable activities. A personal licence is only required for the sale or the authorisation of the sale of alcohol.

1. c) All premises that sell alcohol must have a designated premises supervisor. No sale of alcohol can be made unless one is appointed for the premises.
2. d) There can be only one designated premises supervisor for each premises.
3. e) You need to know that a designated premises supervisor:

• Must hold a personal licence
• Must be nominated by the premises licence holder to be in day-to-day control of the premises
• Provides a single point of accountability in the event of any problems occurring on the premises.

The operating schedule

1. a) To be granted a premises licence an operating schedule must be submitted describing how the premises will operate and what licensable activities are proposed.
2. b) The operating schedule of your premises licence will include details of the following as appropriate:

• The type of premises, i.e. bar, licensed shop, restaurant, etc
• Information about the facilities provided for customers, i.e. number of bars, number of dance areas, etc
• An indication of the types of licensable activities (see subsection 2.3 a) and who might carry them out
• Times during which these licensable activities will take place
• Any other times when the premises are open to the public
• Name and address of the proposed designated premises supervisor
• The steps that will be taken to promote the licensing objectives. 

Sale of alcohol outside the hours stated in the premises licence

1. a) You must not sell alcohol outside the hours stated in the premises licence of the premises you work in.
2. b) If you or any other member of staff sells alcohol outside the hours as stated within the premises licence, it is classed as an unauthorised sale of alcohol.
3. c) An unauthorised sale of alcohol carries a maximum penalty of six months in prison and/or an unlimited fine.

Note that the text above is taken from BIIAB’s Level 1 Award in Responsible Alcohol Retailing Workbook (10^TH Edition March 2013). For more information on this qualification either visit www.biiab.org or contact BIIAB’s qualification team at qualifications@bii.org. Reviewed and amended by Poppleston Allen Solicitors (October 2024)

Subject 2 – Social Responsibilities

Responsible retailing and promotions

1. a) You have a duty to serve alcohol responsibly. You should also ensure that you assist in the responsible promotion of alcohol.
2. b) Running promotions can increase sales and improve profits. However, you should be aware of your duty to support responsible promotions in your business by:

• Offering customers choice and value without encouraging excessive drinking
• Offering customers real service and value at competitive prices
• Seeking to encourage an increasing number and variety of customers to visit and return, rather than increased consumption by an individual.

1. c) The government, other agencies and sponsoring organisations, including the BII, have drawn together existing good practice and advice into a cohesive set of standards entitled ‘Social Responsibility Standards for the Production and Sale of Alcoholic Drinks in the UK’. The core of the standards is the ‘Alcohol Social Responsibility Principles’ which should underpin all sales and marketing relating to alcoholic drinks in the UK. These principles are shown in Appendix 7 of the BIIAB handbook
2. d) BII encourages their members to maintain a socially responsible approach to the promotion of alcohol.
3. e) Irresponsible promotions can:

• Give the industry and your premises a bad name
• Lower standards of quality and service.

1. f) In some licensed shops it may not be possible to influence responsible promotions. You must still be aware of their importance, and ensure that your premises’ promotional products are sited in a sensible place within your shop. You should also ensure that the packaging does not encourage consumption by the young.

Mandatory conditions

1. a) Mandatory conditions apply to all premises licences authorising the sale or supply of alcohol. The responsible person for your premises should ensure that all staff are aware of these conditions:

• No staff in licensed premises should carry out, arrange or participate in any irresponsible promotions relating to the premises. An irresponsible promotion means any one or more of the following activities, or substantially similar activities that are carried on for the purpose of encouraging the sale and supply of alcohol for consumption on the premises:
  • Games or other activities which require or encourage people or are designed to require or encourage individuals to drink a quantity of alcohol within a time limit (other than to consume drinks already purchased before the premises closes), or to drink as much alcohol as possible, even without a time limit
  • Provision of Unlimited or unspecified amounts of alcohol being given free or for a fixed or discounted fee to the public or a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective, i.e. all you can drink for £10; women drink free; student discount nights etc (does not apply if offer is linked to the consumption of a table meal)
  • Free or discounted alcohol (or anything else, such as free concert tickets) as a prize to encourage or reward the purchase and consumption of alcohol over a 24-hour period, or less in a manner which carries a significant risk of undermining a licensing objective
  • Selling or supplying alcohol in association with promotional posters or flyers which condone, encourage or glamorise antisocial behaviour or refer to the effects of drunkenness in any favourable manner
• There is a ban on ‘Dentist chair’ games where alcohol is dispensed directly into the mouth of a customer. Customers might organise their own ‘Dentist chair’ games and you need to make sure that this does not happen on your premises. This does not apply if the person receiving the drink cannot do so otherwise due to disability
• Free tap water is to be provided to customers on request where it is reasonably available
• Alcohol must be available to customers in the following measures and customers must be made aware that these measures are available:
  • Beer and cider in ½ pints
  • Gin, rum, vodka and whisky in single 25 ml or 35 ml measures so you cannot sell double measures only
  • Wine served by the glass in 125 ml glasses (still wine only, not sparkling)
• Every premises selling alcohol will be required to have an age verification policy requiring staff to check the ID of anyone appearing to be under the age of 18 (or any such older age as may be specified in the policy).

Note that the text above is taken from BIIAB’s Level 1 Award in Responsible Alcohol Retailing Workbook (10^TH Edition March 2013). For more information on this qualification either visit www.biiab.org or contact BIIAB’s qualification team at qualifications@bii.org

Content reviewed and amended by Poppleston Allen Solicitors (October 2024).

Responsible consumption of alcohol in relation to drink-driving

a) Drink-driving is an ongoing problem in today’s society. Although most of the ideas explored within this subsection apply directly to premises such as nightclubs, bars and restaurants, staff working in licensed shops still have a responsibility to understand the issue and contribute to its solution.

b) You have a responsibility to ensure that your customers consume alcohol responsibly, and you also have a key role to play in helping the campaign to tackle drinking and driving:

• The susceptibility of customers to alcohol may differ, therefore it would be good practice to advise that it is safer not to drink at all when driving
• Your business should offer a good selection of soft drinks for your driving customers (e.g. in bars, a driver’s shelf would be useful)
• Know some local taxi numbers and have business cards to give to your customers
• Display anti-drink-driving materials within the premises in which you work
• If you have any information to pass on with regards to drink-driving, you should contact Crimestoppers immediately on 0800 555111.

Note that the text above is taken from BIIAB’s Level 1 Award in Responsible Alcohol Retailing Workbook (10^TH Edition March 2013). For more information on this qualification either visit www.biiab.org or contact BIIAB’s qualification team at qualifications@bii.org.

Subject 4 – Reducing the risk of Antisocial Behaviour and Crime

All staff working in licensed premises have a role in reducing antisocial crime and disorder. Your responsibilities may differ according to the premises in which you work; however, it is important that you are aware of the strategies that are available to the responsible alcohol retailer.

• You can assist in reducing alcohol-related problems and should be aware that antisocial or drunken behaviour should not be tolerated. You should not serve alcohol to drunken customers as you have a duty to refuse service.
• You can promote low alcohol or alcohol-free alternatives to help prevent alcohol-fuelled antisocial behaviour. You should be aware of the strength of drinks available and should be prepared to give informed advice to your customers if you are required to do so
• Pass on information. This is especially relevant if the premises in which you work is a member of Pubwatch, Retailwatch or Shopwatch
• Staff in licensed shops should make themselves visible around alcohol displays. This can act as a deterrent to theft or under-age purchasing
• Remember that in premises with a bar your responsibility does not stop at the bar area. It is important to retain a presence in the customer areas to observe people’s drinking. This can be achieved through regular glass collection and cleaning trips
• Your premises could also display materials promoting responsible drinking.

1. b) As a responsible retailer you can help to ensure alcohol promotions are run effectively and responsibly and meet the guidelines.

Smoking and your premises

1. a) The Health Act 2006 came into force in 2007, making it illegal to smoke in any wholly or substantially enclosed public place. This includes bars, hotels and all types of clubs, cafés and restaurants.
2. b) Proprietors cannot permit customers or members to smoke in these premises. If they do they will be liable to a fixed penalty fine of £2,500.
3. c) Individuals may be fined a fixed penalty of £30 (rising to £50 if not paid within 15 days) for smoking in non-smoking premises.
4. d) In England it is a requirement by law to display at least one easy to read ‘No Smoking’ sign in premises. There are no specific sign requirements in England; it is down to the individual owner/manager to decide if they require more than one sign to be displayed in premises. Businesses can be fined £1000 for failure to do so.
5. e) In Wales it is a requirement by law to display ‘No Smoking’ signs in all premises affected by the ban, so that they can be seen and read by people in the premises and approaching the premises.

• All premises should have as many notices as are required to ensure all patrons approaching, entering and remaining on the premises are in no doubt that smoking is prohibited there
• No smoking signs should also be placed in the toilets
• The signs must be obviously displayed and protected from tampering or damage, removal or concealment.
• The signs must contain a legible graphic representation of a burning cigarette enclosed in a circle which crosses the cigarette symbol. Businesses can be fined £1000 for failure to do so.

1. f) The law with regard to smoking may displease some of your customers. You have the duty not to allow smoking; however, this should be done tactfully, so as not to provoke any conflict.
2. g) If someone is breaking the law, it is advisable to:

• Approach the person and draw their attention to the ‘No Smoking’ signs, politely ask them to stop smoking
• Advise the person that it is an offence for you (as a member of staff) to let anyone smoke. You should also advise them that they are committing an offence by smoking in smoke free premises
• Explain that staff will refuse to serve the customer if they continue to smoke
• If the customer refuses to stop smoking, ask them to leave the premises, and where relevant inform them of where they can smoke
• If they refuse to leave, implement the normal procedure for antisocial or illegal behaviour on the premises • If threatened seek assistance from the police. Do not put yourself in any danger.

Note that the text above is taken from BIIAB’s Level 1 Award in Responsible Alcohol Retailing Workbook (10^TH Edition March 2013). For more information on this qualification either visit www.biiab.org or contact BIIAB’s qualification team at qualifications@bii.org. Reviewed and amended by Poppleston Allen Solicitors (October 2024)

Subject 5 – Recognising drunkenness

1. a) People become drunk when they consume alcohol faster than their body can remove it. It is helpful, as a responsible retailer of alcohol, to be able to recognise the signs of drunkenness.
2. b) There are many different signs of drunkenness. You should be able to recognise these signs.

These signs are:

• Loss of co-ordination
• Slurred, too loud or too fast speech
• Slow reactions
• Staggering or inability to walk
• Glazed eyes
• Heavy sweating
• Slower pupil response leading to constricted pupils
• Slowed breathing
• Nausea and vomiting
• Loss of consciousness.

Please note that these signs are commonly associated with the effects of alcohol. However, it is important to realise that illness, injury or disability can cause much the same appearance as being drunk; therefore, a cautious approach is required.

1. c) People respond to alcohol in different ways but it is vital that you are able to recognise the signs of drunkenness in order to be able to identify drunken customers early. If you do not, you may serve a customer who may be drunk.
2. d) Drunk customers in and around licensed premises can cause many problems for you, such as:

• Violence
• Loss of business (if customers are being disturbed by drunk persons they might leave and find an alternative place to drink or shop)
• Antisocial behaviour (alcohol-related crime and disorder either within the premises or near to it).

1. e) You should never serve a person who is already drunk. If you do not have door or security staff, it is possible that your customers may already be drunk when they enter your premises. It is important that you can recognise this from the signs listed in point (b).

The duty to refuse service

1. a) As a responsible retailer of alcohol, you need to be aware of your responsibilities. It is your duty to refuse to sell alcohol to anyone under the age of 18 and those who appear to be drunk.
2. b) You commit an offence if:

• You sell alcohol to a person who is drunk
• You allow alcohol to be sold to a person who is drunk.

1. c) You have a duty to refuse service under these circumstances. However, you must do this tactfully and defuse any potential objection by explaining that you are legally obliged not to sell to anyone who is drunk. Please note a guidance document entitled ‘Dealing with Drunkenness’ is available from the Portman Group.

Conditions under which fixed penalty notices can be issued for selling to drunks

1. a) Fixed penalty notices of £90 are one of a range of measures that police use to reduce alcohol-related crime and disorder. They operate in a similar way to parking tickets and offer the opportunity for you to pay a fine and thereby avoid prosecution for the offence.
2. b) The police may issue a fixed penalty notice to you as an alternative to prosecution if you are seen to be breaking licensing law by selling alcohol to drunks.
3. c) The police are considered to be expert witnesses in determining who is drunk. The signs of drunkenness are explained in subsection 5.1 of this handbook.
4. d) Evidence such as CCTV can be seized and used by the police to prove that a sale took place.
5. e) The alternative to a fixed penalty notice is for the police or trading standards to prosecute someone selling alcohol to a person who is drunk and the maximum fine if found guilty is £1000.

Seeking assistance in order to eject disorderly persons

You may require someone to leave your premises because they are drunk and causing trouble. If someone is drunk and disorderly, you need to bear these points in mind:

• They can be ejected from the premises
• The police must assist in ejecting someone if asked to do so
• A personal licence holder, staff and/or police officers can ask a customer to leave
• If you, as a responsible alcohol retailer, believe a customer should be ejected it is advisable to seek assistance from a relevant colleague such as a personal licence holder or your designated premises supervisor
• A customer who refuses to leave when asked, could, by law, be prosecuted.

Consequences for your Premises Licence

• Should the police have evidence that customers are being served whilst drunk then a review of your premises licence could be issued by the police
• At any hearing of the review the designated premises supervisor could be removed if at fault over the sale of alcohol to persons who are drunk, your premises licence could have additional conditions added to it to deal with the alleged sale of alcohol to persons who are drunk, have the hours cut back on it, be suspended for up to 3 months or the ultimate sanction is that the premises licence could be revoked. 

Note that the text above is taken from BIIAB’s Level 1 Award in Responsible Alcohol Retailing Workbook (10^TH Edition March 2013). For more information on this qualification either visit www.biiab.org or contact BIIAB’s qualification team at qualifications@bii.org. Reviewed and amended by Poppleston Allen Solicitors (October 2024)

a) All staff working in licensed premises have a role in reducing antisocial crime and disorder. Your responsibilities may differ according to the premises in which you work; however, it is important that you are aware of the strategies that are available to the responsible alcohol retailer.

• You can assist in reducing alcohol-related problems and should be aware that antisocial or drunken behaviour should not be tolerated. You should not serve alcohol to drunken customers as you have a duty to refuse service.
• You can promote low alcohol or alcohol-free alternatives to help prevent alcohol-fuelled antisocial behaviour. You should be aware of the strength of drinks available and should be prepared to give informed advice to your customers if you are required to do so
• Pass on information. This is especially relevant if the premises in which you work is a member of Pubwatch, Retailwatch or Shopwatch
• Remember that in premises with a bar your responsibility does not stop at the bar area. It is important to retain a presence in the customer areas to observe people’s drinking. This can be achieved through regular glass collection and cleaning trips
• Your premises could also display materials promoting responsible drinking.

b) As a responsible retailer you can help to ensure alcohol promotions are run effectively and responsibly and meet the guidelines.

Responsible retailing and promotions

a) You have a duty to serve alcohol responsibly. You should also ensure that you assist in the responsible promotion of alcohol.

b) Running promotions can increase sales and improve profits. However, you should be aware of your duty to support responsible promotions in your business by:

• Offering customers choice and value without encouraging excessive drinking
• Offering customers real service and value at competitive prices
• Seeking to encourage an increasing number and variety of customers to visit and return, rather than increased consumption by an individual.

c) The government, other agencies and sponsoring organisations, including the BII, have drawn together existing good practice and advice into a cohesive set of standards entitled ‘Social Responsibility Standards for the Production and Sale of Alcoholic Drinks in the UK’. The core of the standards is the ‘Alcohol Social Responsibility Principles’ which should underpin all sales and marketing relating to alcoholic drinks in the UK. These principles are shown in Appendix 7 of the BIIAB handbook

d) BII encourages their members to maintain a socially responsible approach to the promotion of alcohol.

e) Irresponsible promotions can:

• Give the industry and your premises a bad name
• Lower standards of quality and service.

f) In some licensed shops it may not be possible to influence responsible promotions. You must still be aware of their importance, and ensure that your premises’ promotional products are sited in a sensible place within your shop. You should also ensure that the packaging does not encourage consumption by the young.

Mandatory conditions

a) Mandatory conditions apply to all premises licences authorising the sale or supply of alcohol. The responsible person for your premises should ensure that all staff are aware of these conditions:

• No staff in licensed premises should carry out, arrange or participate in any irresponsible promotions relating to the premises. An irresponsible promotion means any one or more of the following activities, or substantially similar activities that are carried on for the purpose of encouraging the sale and supply of alcohol for consumption on the premises
• Games or other activities which require or encourage people or are designed to require or encourage individuals to drink a quantity of alcohol within a time limit (other than to consume drinks already purchased before the premises closes), or to drink as much alcohol as possible, even without a time limit
• Provision of unlimited or unspecified amounts of alcohol being given free or for a fixed or discounted fee to the public or a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective, i.e. all you can drink for £10; women drink free; student discount nights etc (does not apply if offer is linked to the consumption of a table meal)
• Free or discounted alcohol (or anything else, such as free concert tickets) as a prize to encourage or reward the purchase and consumption of alcohol over a 24-hour period, or less in a manner which carries a significant risk of undermining a licensing objective
• Selling or supplying alcohol in association with promotional posters or flyers which condone, encourage or glamorise antisocial behaviour or refer to the effects of drunkenness in any favourable manner

Recognising drunkenness

a) People become drunk when they consume alcohol faster than their body can remove it. It is helpful, as a responsible retailer of alcohol, to be able to recognise the signs of drunkenness.

b) There are many different signs of drunkenness. You should be able to recognise these signs.

These signs are:

• Loss of co-ordination
• Slurred, too loud or too fast speech
• Slow reactions
• Staggering or inability to walk
• Glazed eyes
• Heavy sweating
• Slower pupil response leading to constricted pupils
• Slowed breathing
• Nausea and vomiting
• Loss of consciousness.

Please note that these signs are commonly associated with the effects of alcohol. However, it is important to realise that illness, injury or disability can cause much the same appearance as being drunk; therefore, a cautious approach is required.

c) People respond to alcohol in different ways but it is vital that you are able to recognise the signs of drunkenness in order to be able to identify drunken customers early. If you do not, you may serve a customer who may be drunk.

d) Drunk customers in and around licensed premises can cause many problems for you, such as:

• Violence
• Loss of business (if customers are being disturbed by drunk persons they might leave and find an alternative place to drink or shop)
• Antisocial behaviour (alcohol-related crime and disorder either within the premises or near to it).

e) You should never serve a person who is already drunk. If you do not have door or security staff, it is possible that your customers may already be drunk when they enter your premises. It is important that you can recognise this from the signs listed in point (b).

The duty to refuse service

a) As a responsible retailer of alcohol, you need to be aware of your responsibilities. It is your duty to refuse to sell alcohol to anyone who appear to be drunk.

b) You commit an offence if:

• You sell alcohol to a person who is drunk
• You allow alcohol to be sold to a person who is drunk.

c) You have a duty to refuse service under these circumstances. However, you must do this tactfully and defuse any potential objection by explaining that you are legally obliged not to sell to anyone who is drunk. Please note a guidance document entitled ‘Dealing with Drunkenness’ is available from the Portman Group.

Conditions under which fixed penalty notices can be issued for selling to drunks

a) Fixed penalty notices of £90 are one of a range of measures that police use to reduce alcohol-related crime and disorder. They operate in a similar way to parking tickets and offer the opportunity for you to pay a fine and thereby avoid prosecution for the offence.

b) The police may issue a fixed penalty notice to you as an alternative to prosecution if you are seen to be breaking licensing law by selling alcohol to drunks.

c) The police are considered to be expert witnesses in determining who is drunk. The signs of drunkenness are explained in subsection 5.1 of this handbook.

d) Evidence such as CCTV can be seized and used by the police to prove that a sale took place.

Consequences for your Premises Licence

• Should the police have evidence that customers are being served whilst drunk then a review of your premises licence could be issued by the police
• At any hearing of the review the designated premises supervisor could be removed if at fault over the sale of alcohol to persons who are drunk, your premises licence could have additional conditions added to it to deal with the alleged sale of alcohol to persons who are drunk, have the hours cut back on it, be suspended for up to 3 months or the ultimate sanction is that the premises licence could be revoked

Note that the above text is taken from BIIAB’s Level 1 Award in Responsible Alcohol Retailing Workbook (10^th Edition March 2013). For more information on this qualification visit www.biiab.org or contact BIIAB’s qualification team at qualifications@bii.org. The text was reviewed and amended (including additional text) by Poppleston Allen Solicitors (October 2024).