Annex 1 - Mandatory Conditions
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.
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 -
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.
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.
4. (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.
5. 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,
6. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
7. (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.
Annex 2 - Conditions consistent with the Operating Schedule
Embedded Restrictions: -
OFF LICENCES AND OFF SALES DEPARTMENTS OF ON-LICENSED PREMISES
S.60 63 86 - Licensing Act 1964
Permitted Hours
Alcohol shall not be sold or supplied except during permitted hours.
The above restrictions do not prohibit:
a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;
b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
c) the sale of alcohol to a trader or club for the purposes of the trade or club;
d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
OFF LICENCE
S.164 - Licensing Act 1964
Consumption
Alcohol shall not be sold in an open container or be consumed in the licensed premises.
UNDERTAKINGS
1. Intoxicating liquor shall only be sold in the premises by way of counter service.
2. That the layout and situation of the counter and the shelves in which intoxicating liquor is displayed shall be as shown on the plan of the premises produced to the Licensing Justices' or as may be subsequently approved by them.
Operating Schedule Conditions
1. CCTV
1.1 A tamper-resistant CCTV system shall be installed, operated, and maintained in working order at the premises.
1.2 CCTV images shall be retained for a period of no less than 28 days.
1.3 Cameras shall be installed and located at the following locations: serving areas to cover the till, the entire service counter, all service points to which the public may be given access, the entrances and exits of the premises and the entirety of shop floor so as to eliminate any blind spots.
1.4 There shall be at all times be a member of staff on site who is capable of using the CCTV system in order to assist the Police, or other person authorised by the Licensing Authority, to view any CCTV footage on immediate request.
1.5 In the event of the failure of the CCTV system for any reason, a record of that failure shall be made, together with any immediate steps to rectify the problem. The CCTV system will be checked weekly by the DPS or other nominated member of staff to ensure that it is operating correctly. Such checks shall be recorded, along with the identity of the person so checking the system.
1.6 All employees will be vigilant and monitor the area immediately outside the shop. they will use their best endeavours to disperse groups of three or more individuals who have been customers of the premises and then appear to be loitering in the above vicinity. All staff will report any incidents of Crime and/or ASB to the Police.
2. Training
2.1 All staff shall receive induction training at the commencement of their employment at the premises, including underage sales & serving alcohol to drunks training.
2.2 Regular training to all staff shall be undertaken on a 6 monthly basis and recorded.
2.3 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.
3. Incident/Refusals Register
3.1 An Incident Log must be maintained and kept at the premises and retained for a period of 12 months on a rolling basis. It must be inspected and endorsed by the DPS on a monthly basis and produced to the Police or an 'authorised person' (as defined by the LA'03) or an authorised Trading Standards Officer employed by the Council on demand.
3.2 Such log shall record the following:
(a) All crimes reported to the premises (where relevant to the Licensing Objectives)
(b) All ejections of patrons
(c) Any complaints received (where relevant to the Licensing Objectives)
(d) Any incidents of disorder
(e) Any faults in the CCTV system
(f) Any refusal of the sale of alcohol (e.g. suspected drunkenness, underage or proxy sale)
(g) Any visit by a relevant authority or emergency services, noting the time, day, date and identify of any visitors by name.
4. Sale of Alcohol
4.1 No open bottles or vessels shall be allowed on the premises or taken from the premises.
4.2 All spirits will be stored and sold from behind the counter.
4.3 Receipts and invoices for all tobacco and alcohol products offered for sale or stored on the premises must be retained for a rolling period of 12 months, kept in a readily accessible file and be produced to the Police or an 'authorised person' (as defined by the LA'03), Customs Officer or an authorised Trading Standards Officer employed by the Council on demand.
4.4 Alcohol will be available for delivery only (and will not be available for sale from the premises) during the following hours:
Monday to Thursday 21:30hrs to 23:00hrs
Friday and Saturday 21:30hrs to01:00hrs
Sunday 20:00hrs to 23:00hrs
5. Supervision
5.1 The Designated Premises Supervisor or a Duty Manager shall be on the premises at all times that alcohol is being offered for sale.
6. Noise
6.1 Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
7. Challenge 25
7.1 The premises shall operate a Challenge 25 Policy. Such a policy shall be written down, kept at the premises and produced to the Police or an 'authorised person' (as defined by the LA'03) or an authorised Trading Standards Officer employed by the Council on demand.
7.2 Prominent, clear, and legible Challenge 25 signage shall be displayed at the entrances to the premises, as well as at point of sale.
7.3 Proxy signs warning adults against buying alcohol for children shall be on display at point of sale
8. Payment
8.1 Internet sales- Payment will be made in full at the time of ordering never at the time of delivery.
An invoice will be produced which will contain the following: -
a) The name, full postal address, and telephone number of that person
b) The price of the alcoholic products.
c) The Date and time of the order.
9. Records, Incidents & Refusals
9.1 A record of all orders and deliveries will be kept electronically and made available for inspection at reasonable request, by Police officers or other local Licensing Enforcement Officers.
9.2 The premises shall maintain a Refusals Log (either digitally or handwritten) and keep the log fully up to date with references recording those suspected of being under the age of 18 or drunk.
10. Deliveries
10.1 All deliveries, wherever possible, will be made by an external courier service who will collect direct from the premises.
10.2 Only in exceptional circumstances where deliveries cannot be met by the external provider, or, where a local delivery does not require the use of an external provider, these deliveries are to be
made exclusively by staff trained in age verification and the detail of such training is recorded.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.