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.
11. Each individual carrying out a security activity must be licensed by the Security Industry Authority.
Annex 2 - Conditions consistent with the Operating Schedule
1. CCTV
1.1 A CCTV system to a specification required by West Yorkshire Police and in accordance with current Home Office Guidelines be installed and utilised at the premises with a sufficient storage capacity to store a minimum of 31 days footage.
1.2 Equipment shall be operated and maintained in good and clear working order and recordings shall be kept in date order, numbered and retained for a period of at least 31 days, or as otherwise recommended by the police.
1.3 Staff shall be trained in the use of the system to ensure rapid data retrieval and download when required by Police or Local Authority Enforcement Officers.
1.4 CCTV shall be active during licensable hours and at least one member of staff who is trained in downloading from the system shall be on the premises during trading hours.
1.5 Signage informing customers that a CCTV system is in operation will be placed within the premises.
2. Training
2.1 New staff shall receive induction training at the commencement of their employment at the premises, including underage sales and serving to drunks training; Existing staff shall also be subjected to the same level of training.
2.2 Staff refresher training shall take place every six months.
2.3 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.
3. Refusals/incident register
3.1 The premises shall maintain a refusals log and keep the log fully up to date with reference recording those suspected of being under the age of 18 or in drink.
3.2 The management shall regularly inspect and sign the refusals log to ensure that it is being properly maintained.
3.3 An incident register will be kept on the premises and in the delivery vehicles and be made available for inspection by all responsible authorities. The incident register shall include the following;
Any incident of violence or disorder on the premises,
Any incident involving controlled drugs on the premises,
Any call for police assistance to the premises,
Any ejection from the premises,
Any first aid care given to a customer.
4. Sale of alcohol
4.1 The sale of alcohol for consumption off the premises will be ancillary to food sales with minimum spend of ten pounds and will be in sealed containers only, and shall not be consumed on the premises.
5. Designated Premises Supervisor
5.1 The Designated Premises Supervisor must be at the premises OR contactable at all times during trading hours and a register be maintained on the premises of their details, including contact details.
6. Challenge 25 Proof of Age
6.1 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. The proof of age training shall be provided to all drivers.
6.2 The cash tills used for the sale of alcohol to have the benefit of an electronic 'prompt' for operators in respect of age restricted sales.
7. The sale of alcoholic products for consumption off the premises
7.1 Telephone orders must be accompanied with the date of birth of the customer.
7.2 An invoice will be produce in triplicate which will contain the following;
The name, full postal address, telephone number and the date of birth of that person,
A description and price of the alcoholic products ordered,
The date and time of the order,
Payment method made,
The date and time that the ordered goods were placed on the vehicle at the licensed premises ready for delivery.
7.3 The top copy of each invoice shall be retained in a register at the licensed premises. The other two pages will be passed to the driver making delivery of the alcohol order, one page of which will be given to the customer.
7.4 The completed invoice will then be returned to the licensed premises where it shall be filed alongside the original invoice order, both of which shall be retained for inspection at any time by a police constable or authorised officer of the licensing authority.
8. Dispatch/delivery of alcoholic products ordered
8.1 Deliveries will be made in the following manner: -
Only alcohol procured for delivery shall be carried on the vehicle.
Delivery will only be to the person who has placed the order.
9. Noise
9.1 Prominent, clear notices shall be displayed at all exits requesting customers and staff to respect the needs of local residents and leave the premises and area quietly.
9.2 At the end of business every night the pavement to the frontage of the premises shall be cleared of litter and waste.
9.3 A waste receptacle shall be provided and emptied at the close of trading each day.
9.4 The engines and sound systems of vehicles associated with the operation of the business shall be switched off when outside the premises.
10. Late night refreshment
10.1 Late night refreshment between the hours of 23:00hrs and 00:00hrs will only be permitted for deliveries, and will not be supplied on the premises.
11. Sale of alcohol
11.1 Sale of alcohol between the hours of 23:00hrs and 00:00hrs will be for delivery only.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plan.