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
OFF LICENCE
S.164 - Licensing Act 1964
Consumption
Alcohol shall not be sold in an open container or be consumed in the licensed premises.
Operating Schedule Conditions
1. CCTV
1.1 A tamper resistant CCTV system shall be installed, maintained in working order and operated 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, bar serving areas, circulation areas & seating areas to enable the capture of images of individuals to a minimum o“RECOGNISING” as defined in the Information Commissioners Office current “CCTV code of practice”. The CCTV system shall be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises at each exit and entrance point.
1.4 Recordings of incidents at the premises must be made secure for inspection by the police and provided on lawful request. This means that a member of staff shall be available within 36 hours or by prior appointment who can operate the CCTV system and provide recordings in accordance with lawful requirements.
1.5 In the event of a failure of the CCTV system for any reason, a record of the failure will be recorded, and immediate steps will be made to rectify the problem. The premises CCTV system will be checked by the DPS or any other nominated member of staff to ensure that it is operating correctly and such checks to be recorded and by whom.
2. Sale of alcohol
2.1 Spirits shall be located behind the counter.
2.2 The entrance door to the shop will be closed to customers between the hours of 11pm and 5am. Any sales between these hours will be made through the night pay window.
2.3 There shall be no sale of single cans of beer, lager, cider or Perry and single bottles of beer, lager or cider in vessels of less than 500 ml from the premises.
3. DPS
3.1 The contact details of the Designated Premises Supervisor will be maintained on the premises and made available to West Yorkshire Police or Local Authority Enforcement Officers upon request should they need to contact the DPS.
4. Premises maintainance
4.1 The premises will be maintained in a safe manner at all times.
4.2 All exits will be kept unobstructed, easy to open and clearly signed.
4.3 All refuse will be disposed of in an appropriate manner.
4.4 Staff will be instructed to maintain all external areas in a clean and presentable manner at all times.
5. Proof of age scheme
5.1 The premises shall adopt a proof of age scheme providing for proof of age for sales to persons who appear to be below the age of 25.
5.2 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. Staff training
6.1 All staff involved in the sale of alcohol shall receive induction training at the commencement of their employment at the premises, including underage sales and serving alcohol to drunks training.
6.2 Regular staff training of those staff involved in the sale of alcohol shall be undertaken every six months and recorded.
6.3 All staff training of those staff involved in the sale of alcohol shall be recorded. Training records shall be maintained and made available for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon reasonable request.
7. Incident log
7.1 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.
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.
8. Deliveries
8.1 Deliveries, to be made via third party delivery operators, i.e. UberEats, will only be to a bonafide residential or business address and never to a public open space. Deliveries of alcohol will be refused whereby the driver considers the person receiving the delivery to be under the influence of alcohol or drugs.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.