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(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).
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 shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) The policy must require individuals who appear to the responsible person to be under 18 years 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 a holographic mark.
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 & record images at 7-12 Frames Per Second (FPS).
(Advisory Note:-The CCTV System must be registered with Information Commissioners Officer (ICO) to ensure compliance with the Data Protection Act 1998 (DPA).)
1.2 Cameras shall be installed and located at the following locations, all licensable areas, Customer till / transaction points and circulation areas to enable the capture of 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 clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises.
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 on demand in accordance with the Data Protection Act.
1.5 CCTV shall be active on a 24 hour basis and at least one member of staff who is trained in downloading from the system must be available at the premises during trading hours.
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. DPS
2.1 The Designated Premises Supervisor or nominated Manager must be at the premises and contactable at all times during trading hours and an up to date register be maintained on the premises of these contact details.
3. Training
3.1 All staff shall receive induction training at the commencement of their employment at the premises, including underage sales & serving alcohol to drunks training.
3.2 Regular training to all staff shall be undertaken on a 6 monthly basis and recorded.
3.3 All staff training shall be recorded and training records maintained and available immediately for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
4. Proof of Age Scheme
4. 1 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 21. 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 and that it is an offence for persons under the age of 18 to purchase alcohol.
4.2 Acceptable identification for the purposes of age verification will include a photographic driving licence, passport, photographic identification bearing the PASS logo together with the person's date of birth or other form of identification that may be approved by the Secretary of State from time to time.
5. Incident / Refusals Register
5.1 An Incident Report Register shall be maintained and kept on the premises to record all incidents involving:-Crimes reported at the premise, anti-social behaviour; any faults in the CCTV system, any refusal of the sale of alcohol & any visit by a relevant Authority or Emergency officer. The Register may be in an electronic format.
5.2 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.
5.3 The DPS or nominated manager will inspect the incident register on a weekly basis to ensure that the document is being maintained correctly. The DPS or nominated manager will sign and date, or where electronic provide a record, an entry accordingly to verify the above.
6. Exit routes must be kept clear and remain free from obstruction at all times.
7. Prominent, clear notices shall be displayed at all exits requesting staff to respect the needs of local residents and leave the premises and area quietly.
8. Adequate bins will be available for customers to dispose of rubbish
9. The premises will be managed by a minimum of two members of staff at any one time.
10. Spirits will be located behind the counter area
.
11. Staff will be mindful of situations where adults may be purchasing alcohol for children by monitoring the area surrounding the oremises and being vigilant school/college closing times.
Annex 3 - Conditions attached at hearing
None
Annex 4 - Plans
See attached plans.