Simply News & Booze

78-80 Barnsley Road, South Kirkby, Pontefract, West Yorkshire, WF9 3QE

Rejected application which is a Vary DPS for Premises Licence

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;

  (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 LICENCE

   

  S.164 - Licensing Act 1964

   

  Alcohol shall not be sold in an open container or be consumed in the licensed premises.

   

  Operating Schedule Conditions:

   

  1.  Any person on the premises who appears to be under 18 years of age attempting to purchase alcohol from the establishment shall be challenged to produce photographic evidence to ascertain their proof of age.

   

  2.  CCTV shall  be used on the premises. Cameras must be kept in full working order and the recordings shall be retained for a length of time in accordance with local police advice.

   

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

   

  (None Applicable)

   

  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.