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
1. CCTV
1.1 The premises shall install and maintain a CCTV system as per the minimum requirements of the West Yorkshire Police licensing department, current Home Office guidelines and in line with the Information Commissioners Office current CCTV Code of Practice. The CCTV system shall have sufficient storage capacity to store a minimum of 31 days footage and record images at 7-12 frames per second.
(Advisory note:- The CCTV system must be registered with Information Commissioners Office to ensure compliance with the Data Protection Act 1998).
1.2 Cameras shall be installed and located at the following locations, serving areas to cover the till and entire service counter along with any other service point that the public may be given access to. The entrance/exit and cameras covering the shop floor in it's entirety eliminating any blind spot. The CCTV system should enable the capture if images of individuals to a minimum of RECOGNISING as defined in the Information Commissioners Office current CCTV code of practice. The CCTV system shall be capable of obtaining cleat facial recognition images and a clear head and shoulders image of every person entering or leaving the premises at each exit and entrance point.
1.3 All element of the CCTV system must be maintained in good working order and recordings date and time stamped.
1.4 Nominated staff shall be trained in the operation of the CCTV system to ensure rapid data retrieval and down loads of footage can be provided to the Police and the local Authority Officer upon reasonable request and in accordance with the data Protection Act.
1.5 CCTV shall be active on a 24 hour basis and continually recording during licensable hours with at least one member of staff who is trained in downloading from the system must be on the premises during trading hours.
(Note for the avoidance of any doubt: motion sensing cameras will not be classed as meeting this specified condition).
1.6 In the event of a failure of the CCTV system for any reason, a record of the failure will be recorded in the premises' incident book and immediate steps will be made to rectify the problem.
2. Incident/Refusals Register
2.1 An incident log must be kept at the premises. 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) Any complaints received (where relevant to the licensing objectives).
(c) Any incidents of disorder
(d) Any faults in the CCTV system or searching equipment or scanning equipment
(e) Any refusal of the sale of alcohol
(f) Any visit by a relevant authority or emergency services noting time, date and purpose and those officials by name.
2.2 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 of the local authority/council on demand.
2.3 The DPS shall inspect and sign the incident report/refusals log monthly to ensure that it is being properly maintained.
3. Alcohol sales
3.1 There shall be no single sales of cans for beer, lager or cider. All sales of these products shall be sold in a minimum of 4 cans.
3.2 No beer, lager or cider in excess of 6.0% ABV shall be offered for sale.
3.3 All beers, lagers and ciders will be marked in order to identify the premises at times as required by West Yorkshire Police to address alcohol related anti-social behaviour.
3.4 No customers will be allowed to take from the premises open bottles or vessels.
3.5 All alcohol purchased shall be places in plain packaging at the point of sale.
4. Receipts
4.1 Receipts and invoices for all tobacco and alcohol related products offered for sale or stored on the premises must be retained for a rolling period of 12 calendar months, kept within a readily accessible file and must be made available upon immediate and reasonable request by a police officer, customs officer or other authorised person (as defined by section 13 of the Licensing Act 2003).
5. Access
5.1 Upon reasonable request, access will be given to the licensed premises to officers from west Yorkshire Police licensing or Trading Standards.
6. DPS
6.1 When the designated premises supervisor is not on duty, a contact telephone number will be available at all times.
7. Monitoring of premises
7.1 The premises licence holder shall have a procedure in p lace to ensure that the fire exits are checked and clear of obstruction at all times.
7.2 The management will monitor the exterior of the premises using CCTV and contact the police or other relevant responsible authority where persons appear to be congregating outside of the premises causing anti-social behaviour or consuming alcohol.
8. Training
8.1 All staff engaged in the sale of alcohol will be trained in responsible alcohol retailing to include the operation and effect of the Wakefield PSPO upon commencing employment at the premises. Retraining will be carried out every 6 months.
8.2 Training records shall be kept on the premises and produced to a police or an 'authorised person' (as defined by section 213 of the Licensing Act 2003) or an authorised trading standards officer of the local authority/council on demand.
9. Challenge 25
9.1 The premises shall operate a Challenge 25 policy. Such policy shall be written down and kept at the premises.
9.2 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 of the local authority/council.
9.3 Prominent, clear and legible signage shall also be displayed at all entrances to the premises as well as at least one location behind any counter to advertise the scheme operated.
10. Notices
10.1 Prominent, clear notices shall be displayed at all exits requesting customers and staff to respect the needs of local residents and leave the premises and area quickly and quietly.
11. Children
11.1 Children shall not be allowed to enter or remain on the premises after 22.00 hours without an adult present.
Annex 3 - Conditions attached after a hearing by the licensing authority
1. CCTV system to a specification required by West Yorkshire Police as per Home Office guidelines will be installed and utilised at the premises with sufficient storage capacity and requirement to store the previous 31 days footage. Staff will be trained in the use of the system to ensure rapid data retrieval and down load when required by Police or Local Authority Officers. CCTV to be on a 24 hour basis and at least one member of staff to who is trained in downloading from the system is on the premises when it is open.
2. 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.
3. A proof of age scheme approved by West Yorkshire Police and West Yorkshire Trading Standards Service will be in operation and signs provided informing customers that sales will not be made to less than 18's and identification may be required. A proof of age system will be adopted. A refusals log will be maintained and be available for inspection by the Police and Local Authority Officers.
4. Designated Premises Supervisor (DPS) will be contactable at all times and a register maintained on site of details of DPS.
5. No customers will be allowed to take from the premises open bottles or vessels.
6. CCTV/Night net radio to be used when the premises are open.
7. Licence Holder shall ensure shop frontage is cleared of any vomit and litter at the end of business each day.
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.