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(6);
(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(7).
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.
8. (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-
games or other activities which require or encourage, or are designed to require or encourage, individuals to-
drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
drink as much alcohol as possible (whether within a time limit or otherwise);
provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;
provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;
selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;
dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).
9.The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
10.The responsible person must ensure that-
where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-
beer or cider: ½ pint;
gin, rum, vodka or whisky: 25 ml or 35 ml; and
still wine in a glass: 125 ml;
these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
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 the public may be given access to. The entrance / exit, and camera’s covering the shop floor in its entirety eliminating any blind spot. The CCTV system should enable the capture of images of individuals to a minimum of “RECOGNISING” as defined in the information commissioner’s 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.
1.3 All elements of the CCTV System must be maintained in good working order and recordings date and time stamped.
1.4 Staff shall be trained in the operation of the CCTV system to ensure rapid data retrieval & downloads of footage can be provided to the Police & the Local Authority Officer upon reasonable request 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) 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.
3. 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.
4. No beer, lager or cider in excess of 6.0% ABV shall be offered for sale.
5. When the designated premises supervisor (DPS) is not on duty, a contact telephone number will be available at all times.
6. The premises licence holder shall have a procedure in place to ensure that the fire exit(s) are checked and clear of obstruction at all times.
7. Prominent, clear and legible signage 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.
8. 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 the premises causing anti-social behaviour or consuming alcohol.
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 include the operation and effect of the Wakefield PSPO - upon commencing employment at the premises. 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 the local authority/council on demand.
11. Challenge 25
11.1 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 on demand.
11.2 Prominent, clear and legible signage 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.
12. The DPS shall inspect and sign the Incident Report/Refusals Log monthly, to ensure that it is being properly maintained.
13. All beers, Lagers and ciders will be marked in order to identify premises, at times as required by West Yorkshire Police to address alcohol related Anti-Social Behaviour.
14. No customers will be allowed to take from the premises open bottles or vessels.
15. All alcohol purchased shall be placed in plain packaging at point of sale.
16. 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 a readily accessible file, and must be made 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.
17. Upon reasonable request access will be given to the licensed premises to Officers from West Yorkshire Police Licensing or Trading Standards.
18. CCTV/Night net radio to be used when the premises are open.
19. Srud Ahmed shall in no capacity be linked to the premises in any way either direct or indirect. The Premises Licence Holder shall take all relevant precautions and checks to ensure compliance with this. Any relevant lease tenancy agreement or other documents will be made available to West Yorkshire Police immediately request or as soon as practicable to ensure compliance with condition.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.