News: New Mandatory Conditions - do not let your guard drop yet!

  • Date: 04/11/2010
  • Author/Solicitor: James Anderson


As you will all know, on 1 October of this year, the Mandatory Conditions relating to an age verification policy and smaller measures came into force.

There had been some confusion brought about by the Government announcing in its 'Rebalancing' consultation that it supported their repeal, only to realise that the legislative process set in motion by the previous Government made their introduction an inevitability.

All of the Mandatory Conditions had been widely condemned as irrelevant and unnecessary, by not only the trade but by many regulatory authorities.

Many commentators had indicated that in relation to the two most recent conditions there was no appetite whatsoever for any enforcement action.

Despite these reassurances, I have been made aware of a local authority in the South of England which has carried out a 'test purchase' exercise in relation to an officer requesting a glass of wine in a '125ml' measure.

This is likely to remain rare, and so far it is the only case of its kind that I am aware of, BUT it is a further reminder of the need to be organised and vigilant, and to train staff about the new requirements; and it is the law and you could be penalised for not complying with it.

If you need any advice on what constitutes 'making a customer aware' of a smaller measure please call.

For more information please contact James Anderson