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;
(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.
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 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.
Annex 2 - Conditions consistent with the Operating Schedule
Operating Schedule Conditions;
1. CCTV
1.1 A tamper resistant CCTV system shall be installed, maintained in working order and operated at the premises.
1.2 CCTV images shall be retained for a period of no less than 28 days.
1.3 Cameras shall be installed and located at the following locations, bar serving areas, circulation areas & seating 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 at each exit and entrance point.
1.4 Recordings of incidents at the premises must be made secure for inspection by the police and provided on lawful request. This means that a member of staff shall be available within 24 hours or by prior appointment who can operate the CCTV system and provide recordings in accordance with lawful requirements.
1.5 In the event of a failure of the CCTV system for any reason, a record of the failure will be recorded, and immediate steps will be made to rectify the problem. The premises CCTV system will be checked by the DPS or any other nominated member of staff to ensure that it is operating correctly and such checks to be recorded and by whom.
2. Training
2.1 All staff shall receive induction training at the commencement of their employment at the premises, including underage sales, serving alcohol to drunks and must include the operation and effect of the Wakefield Public Spaces Protection Order.
2.2 Regular training to all staff shall be undertaken on a 6 monthly basis and recorded.
2.3 All staff training shall be recorded in written form. The training documents should be counter signed by both the member of staff giving the training and the member of staff receiving the training to confirm compliance. The training records maintained and available immediately for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
3. DPS
3.1 The Designated Premises Supervisor or duty manager must be at the premises or contactable at all times during trading hours and an up-to-date register be maintained on the premises of these contact details.
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 25. 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.
4.2 The only acceptable form of identification is a UK driving licence, Passport & any PASS accredited photographic card.
5. Incident log
5.1 An incident log must be kept at the premises. Incident log records will be kept for 12 months from the date the incident occurred.
5.2 The log will be made available immediately upon request to an 'authorised person' as specified by Section 13 of the Licensing Act 2003 and must record the following:
all crimes reported to the premises (where relevant to the licensing objectives)
all ejections of patrons
any complaints received (where relevant to the licensing objectives)
any incidents of disorder
any faults with the CCTV system or searching equipment or scanning equipment
any refusal of the sale of alcohol
any visit by a relevant authority or emergency services, noting time, date and purpose and those officials by name.
5.3 The DPS shall inspect and sign the incident log monthly to ensure that it is being properly maintained.
6. Refusals register
6.1 A written register of refusals will be kept, including 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 DPS and produced to the Police or 'authorised person' or an authorised Trading Standards Officer or an officer of the Local Authority/Council on demand. The DPS shall inspect and sign the register monthly to ensure that it is being properly maintained.
7. Restaurant
7.1 The premises will operate only as a restaurant with sales of alcohol being ancillary to a table meal.
7.2 There will be a minimum number of 45 seats maintained within the ground floor area.
7.3 The venue will only operate as a restaurant and will not allow events constituting to the promotion of a vertical standing bar at any time the premises are conducting licensable activities.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.