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.
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 A CCTV system to a specification required by West Yorkshire Police and to current Home Office Guidelines to be installed and utilised at the premises with a sufficient storage capacity to store a minimum of 31 days footage; recording at a minimum of 7-12 Frames per Second (FPS). The CCTV System must provide images to an evidential quality standard.
(Advisory Note:- The CCTV must be registered with Information Commissioners Officer (ICO) to ensure compliance with the Data protection Act 1998 (DPA).)
1.2 The CCTV System must provide images to an evidential quality standard, covering the licensed area, including the sales till point. All entry and exit points will be covered by CCTV camera’s enabling frontal identification of every person entering in any light condition.
1.3 Staff shall be trained in the use of the CCTV system to ensure rapid data retrieval. Downloads will be provided to Police and the Local Authority in accordance with Data Protection Act 1998.
1.4 CCTV shall be active during licensed hours and the DPS or a Personal Licence Holders shall be trained in downloading from the system and shall be on the premises during trading hours.
1.5 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. All actions to remedy the CCTV faults shall be recorded in the incident register.
2. DPS
2.1 The Designated Premises Supervisor or a Personal Licence Holder must be at the premises or contactable at all times during trading hours and a register be maintained on the premises of their details.
3. Incident/Refusals Register
3.1 An Incident Report/Refusals Register shall be maintained and kept on the premises to record all incidents at the premises. The register will contain consecutively numbered pages in a bound format or an electronic register and include the date, time and location of the incident, details of the nature of the incident and names of staff involved or to whom the incident was reported. The register shall also include the details of any Police Officer who attends 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 upon reasonable request.
3.2 The DPS shall, inspect and sign the Incident Report/Refusals Log monthly, to ensure that it is being properly maintained.
4. Staff Training
4.1 All staff engaged in the sale of alcohol to be trained in responsible alcohol retailing - to include underage sales and serving alcohol to drunks training and the operation and effect of the Castleford 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 of the local authority/council on demand.
4.2 Regular staff training shall be undertaken every six months and recorded.
4.3 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.
5. Challenge 25 Proof of Age
5.1 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.
6. On sales
6. On sales of alcohol at the premises shall only be permitted for pre-advertised ticket only events.
7. Deliveries
7.1 All orders will be made online and sales will be subject to acceptable proof of age.
7.2 Payment will be made in full at the time of ordering never at time of delivery.
7.3 An invoice will be produced which will contain the following; -
The name, full postal address, telephone number, date of birth of that person and price of the alcoholic products.
Date and time of the order.
The date and time that the ordered goods were taken to the courier drop off or Royal mail or placed on the vehicle at the licensed premises ready for delivery.
7.4 A record of all orders and deliveries will be kept electronically and made available for inspection at reasonable request, by Police officers or other local licensing enforcement officers.
7.5 All deliveries not made by external courier service must be made by the Personal Licence Holder whom will request identification as per the proof of age policy adopted.
8. Website Sales
8.1 The website used to sell goods will have the following checks and measures in place to safeguard minors.
Age check notice before being allowed access to the site.
Accept terms and conditions which include multiple clauses to check age.
Capture DOB entered by person purchasing.
Have person purchasing confirm they are 18.
8.2 The following measures will be in place for courier deliveries to safeguard minors.
All Parcels will have a label placed upon it clearly stipulating it should not be handed to anyone under the age of 18.
All parcels delivered by courier must have a signature upon delivery and use a tracked service.
8.3 All suspect deliveries and refusals will be reported to the local police.
9. Litter
9.1 At the end of trading hours on each and every day the pavement to the frontage of the premises shall be cleared of litter.
10. Notices will be displayed requesting staff to respect the needs of local residents and leave the premises and area quietly.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.