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. 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 in all entry and exit points, bar/serving areas, circulation areas, to enable the capture of images of individuals to be of a standard which allows them to be identified.
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 providing recordings in accordance with lawful requirements.
1.5 There shall at all times be a member of staff present who is capable of being able to use the CCTV system to assist the police, or person authorised by the Licensing Authority, to immediately view CCTV footage.
1.6 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.
1.7 The premises shall provide a means of two way communication to report incidents between the premises and the local Police or CCTV monitoring centre.
2. DPS
2.1 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.
3. Training
3.1 All staff shall receive induction training in relation to underage sales, serving alcohol to drunks and this must include the operation and effect of the Castleford Public Spaces Protection Order. This will be at the commencement of their employment at the premises.
3.2 Regular training to all staff shall be undertaken on a 6 monthly basis and recorded in a staff training register.
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 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.
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 to the venue & those occurring at the premises
Anti-social behaviour
Injury
Ejections of patrons from the premises
Any incidents of disorder
Any faults in the CCTV system
Any refusal of the sale of alcohol & any visit by a relevant authority or emergency service.
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 an entry accordingly to verify the above.
6. Sale of alcohol
6.1 The sale of alcohol for consumption on the premises will be ancillary to the consumption of a table meal.
6.2. No Off Sales.
6.3 The premises will adopt and comply with the British Beer and Pub Association's Guidelines on On Trade Promotions.
6.4 Where glass bottles are used they will be retained or disposed of on the premises.
7. Open Bottles and Vessels
7.1 No open or sealed bottles or vessels shall be permitted entry to the premises at any time during trading hours.
7.2 Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.
7.3 Signage shall be displayed stating that no persons shall take open vessels or bottles on to the street into the Public Spaces Protection Order area.
7.4 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.
8. Children
8.1 All children (as defined in the Licensing Act 2003) shall not be allowed on the premises unless accompanied by an adult at all times.
8.2 The above restrictions on the admittance of children will be displayed on, or immediately outside of the premises.
9. Deposit box
9.1 A secure deposit box will be kept on the premises for the retention of confiscated items and the premises will ensure that the Police are advised of any items that require safe disposal.
10. Waste
10.1 The licence holder will be responsible for the disposal of waste on the frontage of the premises and will make provision for the emptying of letter bins in the vicinity.
10.2 Placing of bottles into receptacles outside the premises will take place at times that will minimise disturbance to nearby properties.
10.3 Offensive smells from the premises will not be permitted to cause a nuisance to nearby properties.
10.4 Receptacles for waste will be emptied regularly to minimise nuisance smells.
10.5 Adequate (lidded) receptacles will be provided to receive and store refuse from the premises and they will be kept clean at all times.
10.6 Litter will be regularly cleaned from the vicinity of the premises.
11. Lighting
11.1 Lighting will be provided outside the premises (and in the car park) during hours of darkness when any licensable activities are taking place on the premises.
11.2 Flashing lights or particularly bright lights on or outside the premises will not be permitted to cause a nuisance to nearby properties.
12. Signage
12.1 Public information notices about crime and disorder will be displayed at the request of the Local Authority or the Police.
12.2 Clear and prominent notices will be displayed at all exits requesting that patrons respect the needs of local residents and asking them to leave the premises quietly.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.