Brookside Upton Working Mens Club

Tom Wood Ash Lane, Upton, Pontefract, West Yorkshire, WF9 1HB

Completed application 094043 which is a Transfer Application for Premises Licence from 19/09/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• 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(6);

  (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(7).

   

  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.

   

  8. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

  (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-

  games or other activities which require or encourage, or are designed to require or encourage, individuals to-

  drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

  drink as much alcohol as possible (whether within a time limit or otherwise);

  provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

  provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours 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 on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

  dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

  9.The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

  10.The responsible person must ensure that-

  where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-

  beer or cider: ½ pint;

  gin, rum, vodka or whisky: 25 ml or 35 ml; and

  still wine in a glass: 125 ml;

  these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

  where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

  Annex 2 - Conditions consistent with the Operating Schedule

  
  1. The premises will operate a 'Challenge 21' age verification policy.

   

  2. Children will be supervised at all times.

   

  Annex 3 - Conditions attached after a hearing by the licensing authority

   

  1. CCTV

   

  1.1 A CCTV system to a specification required by West Yorkshire Police and in accordance with 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;

  1.2 Equipment shall be operated and maintained in good and clear working order and recordings shall be kept in date order, numbered and retained for a period of at least 31 days, or as otherwise recommended by the Police;

  1.3 Staff shall be trained in the use of the system to ensure rapid data retrieval and download will be required immediately should that be requested, and in any event within 24 hours when required by Police or Local Authority Enforcement Officers;

  1.4 CCTV shall be active on a 24 hour basis and at least one member of staff who is trained in downloading from the system shall be on the premises during trading hours.             

   

  2. Training

   

  2.1 New staff shall receive induction training at the commencement of their employment at the premises, including drug awareness and underage sales training.

  2.2 Annual staff training which shall include any changes in Licensing legislation shall be undertaken and recorded.

  2.3 All staff training shall be recorded and training records maintained and available for inspection by West Yorkshire Police and Local Authority Enforcement Officers immediately upon request.

   

  3. An incident report register shall be maintained and kept on the premises to record all incidents involving anti-social behaviour, injury and ejections from the premises.  The register will contain consecutively numbered pages in a bound format and include the date, time and location of the incident, and details of the nature of the incident.  The register shall also include the details of any Police Officer who attend 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 immediately upon request.

   

  4. The premises shall be a member of the local Pubwatch scheme and at least one representative of the premises, with management or supervisory responsibility, shall attend each meeting.

   

  5. Open Bottles and Vessels

   

  5.1 No open bottles or vessels shall be permitted  at any time during trading hours;

  5.2 No customers shall be permitted to take open bottles or vessels from the premises at anytime during trading hours.

   

  Annex 4 - Plans

   

  Please Note:

  Plans have not been re-issued with this licence/certificate as they remain unchanged from the previous application.  You should now attach those plans to this licence/certificate as you can be required to produce them as part of the licence/certificate by the police or other authorised person.