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. Website / On line sales
Sale of alcohol will be made through the internet only.
The website will state that sale of alcohol to anybody under the age of 18 is strictly forbidden.
Each person that visits the website and wishes to purchase alcohol products must create an account, providing full details of their name and postal address. The process will require that the buyer confirms they are over 18 years old, if this is not confirmed no sale of alcohol will go through.
Details of the credit / debit card must match the name and address of the buyer.
Use of plain packaging and the products inside must be in sealed vessels.
The buyer must be informed of their delivery date and through the sale process have read a disclaimer that if the buyer has ordered alcohol but cannot be at home for the delivery, it is their responsibility to ensure that a suitable person of 18 years or older is available to take receipt of the order.
2. Despatch
If no adult is there to sign for the product, the delivery will be ‘Carded’ where the buyer will need to go to the depot and show identification for their parcel to be released.
Any person placing an order over the internet and having alcohol delivered to them will have to provide some form of acceptable and recognised means of proving their age in accordance with that required under the mandatory condition. Refusal to provide proof of age details will result inan order, sale or delivery being refused.
3. Orders for sale and supply of alcoholic products.
Any sale and supply of any alcoholic product will be by internet or mail order only. There will be no public access to the licenced premises to make an order or be sold alcoholic products. This will also include staff employed at the premises.
A person’s date of birth shall always be provided at the time the order takes place, if a date of birth cannot be established the order will be refused.
Every time an order for any alcoholic product is processed, an invoice will be produced and every invoice will contain the following:-
· Personal details of the person placing the order which the proprietor thinks appropriate, but which must include the name, full postal address, telephone number and date of birth of that person.
· The quantity, description and price of alcoholic products ordered.
· The date and time the order took place.
· The details of the credit or debit card used to make payment for the goods.
The top copy of every invoice shall, AT ALL TIMES, be retained in a register at the Licenced premise for possible inspection at any time by a Police Officer or other authorised Officer of the Licensing Authority.
4. Designated premises supervisor
A register must be kept at the premises which contains the designated premise supervisor’s details, including contact number and any details of other personal licence holders.
5. CCTV
The premises shall install and maintain a CCTV system as per the minimum requirements of the current Home Office Guidelines and in accordance 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)).
Cameras shall be installed and located to capture full coverage of the warehouse where alcohol is stored and at all entry/exit points to enable the capture of images of individuals to a minimum of “RECOGNISNG” 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.
All elements of the CCTV system must be maintained in good working order and recordings date and time stamped.
Staff shall be trained in the operation of the CCTV system to ensure rapid date retrieval & downloads of footage can be provided to the Police & the Local Authority Officer on request, in accordance with the Data Protection Act.
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 of the premises during trading hours.
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.
6.Training
Staff shall receive induction training at the commencement of their employment at the premises, this will include making sales to persons under age.
A staff shall receive refresher training every six months.
All such training shall be recorded and training records maintained and be made available for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
Please see attached plans.