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
1. Receipts and invoices
1.1 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 calendar months, kept within an easily accessible file and must be available upon immediate and reasonable request by any Police Officer, Customs Officer or other ‘authorised person’ as defined by s13 of the Licensing Act 2003.
2. Record of employees
2.1 A written record of new employees must be kept at the premises and made immediately available on request to any Police Officer, UK Border Agency Officer or ‘authorised person’ as defined by s13 of the Licensing Act 2003 or an authorised Trading standards Officer of the Local Authority/Council. This written record must contain as a minimum: details of all persons employed at the premises in any capacity, the full names, dates of birth and current home addresses of persons listed above, A copy of the current Home Office ‘Right to Work’ checklist or any other current document issued by the Home Office with the above information within a separate document for each employee. All information shall be recorded/ copied prior to employment at the premises and should be supported by a copy of the relevant documents indicated in the current Home office ‘Right to Work’ checklist or any other current document issued by the Home Office.
3. CCTV
3.1 A tamper-resistant CCTV system shall be installed, operated, and maintained in working order at the premises.
3.2 CCTV images shall be retained for no less than 31 days.
3.3 Cameras shall be installed and located at the following locations:
• Serving areas to cover the till, the entire service counter, and all service points to which the public have access
• The entrances to and exits from the premises
• The entirety of the shop floor eliminating all blind spots
3.4 At all times when the premises is open to the public a member of staff who is capable of using the CCTV system shall be present at the premises in order to assist the Police, or other person authorised by the Licensing Authority, to view any CCTV on immediate request.
3.5 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.
3.6 The CCTV system shall be checked weekly by the DPS or other nominated member of staff to ensure that it is operating correctly. Such checks will be recorded, along with the identity of the person checking the system.
4. Public nuisance control
4.1 All employees will be vigilant and monitor the area immediately outside of the premises. They shall use best endeavours to disperse groups of three or more individual groups of three or more individuals who appear to be loitering in the area immediately outside the premises.
4.2 Staff shall report any incidents of crime and/or ASB to the police.
5. Sales of Alcohol
5.1 There shall be no sales of single cans or bottles of beers, lagers, or ciders from the premises.
5.2 There shall be no sales of beers, lagers, or ciders in excess of 6.5% ABV.
6. Mustafa Haji Mahamed
6.1 Mustafa Haji Mahamed shall, in no capacity whatsoever, be linked to the premises either directly or indirectly. The Premises Licence Holder shall take all relevant precautions and checks to ensure compliance with this condition. Any relevant lease, tenancy agreement, or other documents pertaining to the premises shall be made available to West Yorkshire Police immediately upon request or as soon as practicable thereafter in compliance with this condition. For the avoidance of doubt, Mustafa Haji Mahamed may visit the Premises to purchase goods or services.
Annex 3 - Conditions attached after a hearing by the licensing authority
Prevention of Crime & Disorder:
1. Spirits of high ABV will be sold from behind the counter.
2. When the Designated Premises Supervisor is not on duty, a contact telephone number will be available at all times.
3. An incident log must be kept at the premises, and it shall be a bound book with consecutively numbered pages. Incident log records will be retained for a period of 12 months from the date it occurred. It will be made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003), an authorised Trading Standards Officer or the Police, and must 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 or searching equipment or scanning equipment
(f) any refusal of the sale of alcohol
(g) any visit by a relevant authority or emergency services, noting time, date & purpose, and those officials by name.
Public Safety:
4. The Premises Licence Holder shall have a procedure in place to ensure that the Fire Exit(s) is checked regularly and clear of obstruction at all times.
5. Emergency lighting and smoke detectors and self-closing emergency door(s) shall be installed and inspected regularly to ensure that they are in good working order and free of hindrance or obstruction.
Prevention of Public Nuisance:
6. Prominent, clear and legible signage (in not less than 32 font bold) shall be displayed at all exits to the premises requesting the public to respect the needs of local residents and to leave the premises and the area quickly and quietly.
7. A waste receptacle to be provided and emptied at the close of trading each day.
8. A cigarette bin shall be affixed beside the front door of the premises for the use of customers. This shall be emptied daily to ensure that does not become a fire hazard or target for street-drinkers who ‘recycle’ the butts for personal use.
Protection of Children from Harm:
9. A written register of Refusals will be kept including a description of the people who have been unable to provide required identification to prove their age. Such records shall be kept for a period of 12 months and will be collected by the Designated Premises Supervisor and produced to the police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer the Local Authority/Council on demand.
10. All staff engaged in the sale of alcohol to be trained in Responsible Alcohol Retailing to the minimum standard of BIIAB level 1 or any equivalent training agreed by Local Authority/Council Trading Standards within 1 month of commencing employment at the premises. (Where there are existing staff this training shall be completed within 3 months of the date that this condition first appears on the licence). Retraining will be carried out every 6 months. Training records shall be kept on the premises and produced to the police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer of the Local Authority/ Council) on demand.
11. The premises shall operate a Challenge 25 Policy. Such policy shall be written down and kept at the premises. The policy shall be produced on demand of the Police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer the Local Authority/Council. Prominent, clear and legible signage (in not less than 32 font bold) shall also be displayed at all entrances to the premises as well as at, at least one location behind any counter advertising the scheme operated.
Annex 4 - Plans
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.