Annex 1 - Mandatory Conditions
1. No supply of alcohol may be made under this Premises Licence:
a) at a time there is no designated premises supervisor in respect of the premises licence and,
b) at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended and,
2. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
3. (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) The policy must require individuals who appear to the responsible person to be under 18years 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 holographic mark, or
an ultraviolet feature.
4. 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.
5. 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 -
P = D + (D x V)
Where -
(i) P is the permitted price;
(ii) 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
(iii) 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;
(c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence -
(i) the holder of the premises licence;
(ii) the designated premises supervisor (if any) in respect of such a licence, or
(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.
6. 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.
7. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph2 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.
Annex 2 - Conditions consistent with the Operating Schedule
1. CCTV
1.1 A CCTV system to a specification required by West Yorkshire Police and to current Home Office Guidelines to be installed and utilised at the premises with a sufficient storage capacity to store a minimum of 31 days footage; recording at a minimum of 7-12 Frames per Second (FPS). The CCTV System must provide images to an evidential quality standard.
(Advisory Note: - The CCTV must be registered with Information Commissioners Officer (ICO) to ensure compliance with the Data protection Act 1998 (DPA).)
1.2 The CCTV System must provide images to an evidential quality standard, covering the licensed area, including the sales till point. All entry and exit points will be covered by CCTV cameras enabling frontal identification of every person entering in any light condition.
1.3 Staff shall be trained in the use of the CCTV system to ensure rapid data retrieval. Downloads will be provided to Police and the Local Authority in accordance with Data Protection Act 1998.
1.4 CCTV shall be active on a 24 hour basis and the DPS or a Personal Licence Holder shall be trained in downloading from the system and shall be on the premises during trading hours.
1.5 In the event of a failure of the CCTV system for any reason, a record of the failure will be recorded in the premises’ incident book and immediate steps will be made to rectify the problem. All actions to remedy the CCTV faults shall be recorded in the incident register.
2. DPS
2.1 The Designated Premises Supervisor or a Personal Licence Holder must be at the premises or contactable at all times during trading hours and a register be maintained on the premises of their details.
3. Incident/Refusals Register
3.1 An Incident Report/Refusals Register shall be maintained and kept on the premises to record all incidents at the premises. The register will contain consecutively numbered pages in a bound format or an electronic register and include the date, time and location of the incident, details of the nature of the incident and names of staff involved or to whom the incident was reported. The register shall also include the details of any Police Officer who attends any incident, names and addresses of any witnesses and confirmation as to whether there is CCTV footage of the incident. This register shall be made available for inspection by West Yorkshire Police or Local Authority Enforcement Officers upon reasonable request.
3.2 The DPS shall inspect and sign the Incident Report/Refusals Log monthly, to ensure that it is being properly maintained.
4. Staff Training.
4.1 All staff shall receive induction training at the commencement of their employment at the premises including underage sales & serving alcohol to drunks training.
4.2 Regular training to all staff shall be undertaken on a 6 monthly basis and recorded.
4.3 All staff training shall be recorded and training records maintained and available immediately for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
4.4 Staff will be trained in asking customers to use premises in an orderly and respectful manner and prevent drinking alcohol at the retail unit.
5. Challenge 25 Proof of Age
5.1 The premises shall adopt a proof of age scheme approved by West Yorkshire Police and West Yorkshire Trading Standards providing for proof of age for sales to persons who appear to be below the age of 25. Signs shall be provided within the premises informing customers that sales shall not be made to persons under the age of 18 and that identification may be required.
6. Alcohol Sales
6.1 No more than 25% of the shop's floor space will be given over to alcohol display.
6.2 Spirits of high ABV will be sold from behind the counter.
6.3 No beer, lager or cider in excess of 6.5% ABV shall be offered for sale before 11:00hrs or after 19:00hrs daily.
6.4 All Beers, lagers and ciders will be marked in order to identify premises (at reasonable request in consultation with Local Police).
6.5 There shall be no sales of single cans.
7. Open bottles/vessels
7.1 No customers will be allowed to take open bottles or vessels from the premises.
7.2 All alcohol purchased shall be placed in plain packaging at point of sale.
8. Prevention of Public Nuisance
8.1 Prominent, clear and legible signage (in not less than 32 font bold) shall be displayed at all exits from the premises requesting that the public respect the needs of local residents and asking them to leave the premises and the area quickly and quietly.
8.2 The management will monitor the exterior of the premises using CCTV and use their best endeavours to disperse any persons who appear to be congregating outside the premises.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plan.