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
Embedded Restrictions:
OFF LICENCES AND OFF SALES DEPARTMENTS OF ON-LICENSED PREMISES
S.60 63 86 - Licensing Act 1964
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
a) On weekdays, other than Christmas Day, 8 am to 11pm
b) On Sundays, other than Christmas Day, 10am to 10.30pm
c) On Christmas Day, 12 noon to 3pm and 7pm to 10.30pm
d) On Good Friday, 8am to 10.30pm
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
Alcohol shall not be sold in an open container or be consumed in the licensed premises.
Undertakings attached to Justices' OFF Licence
That intoxicating liquor will only be sold and supplied by way of counter service or by strictly controlled and supervised self service in a separate department or enclosed area which has a check out point with a cash till or tills used exclusively for registering the sales from that licensed department or area and operated by competent and responsible assistants who are not less than 18 years of age.
The licensed department or area will be situated and set out in the premises as shown in the plans deposited with the Clerk to the Licensing Justices' for the Petty Sessional Division of Pontefract and will not be altered or re-sited without the approval of the said Licensing Justices.
Operating Schedule Conditions:
1. CCTV
1.1 A CCTV system to a specification required by West Yorkshire Police and in accordance with current with Home Office / ACPO 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 Copies of recordings shall be provided within 24 hrs on request to a police officer or officer of the local authority on production of his/her identification.
1.4 CCTV shall be active during trading periods and a competent person must be available that can operate the CCTV system.
2. 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. A refusals log shall be maintained at the premises.
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 include the date, time and location of the incident, and details of the nature of the incident and names of any other staff involved or to whom the incident was reported. 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. New staff shall receive induction training at the commencement of employment. Regular staff training and re training shall be undertaken and recorded. Staff training records shall be maintained for inspection by West Yorkshire Police and Local Authority Enforcement Officers. This training must include underage sales training and serving to drunken persons.
5. There shall be no deliveries to the premises between the hours of 2300 -0600
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plan.