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 The premises will operate an effective CCTV system that is to be maintained in good working order at all times the premises is open for business. 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 and is compliant with the relevant provisions of the Data Protection Act 1998. The recording medium (e.g. discs / tapes / hard drive etc.) and associated images are to be retained and securely stored for a minimum period of 28 days and are to be made available to the Police Constable / Authorised Officer of the Licensing Authority upon request.
1.2 A CCTV log will be completed on a weekly basis to record all elements of the CCTV system is maintained in good working order and recordings date and time stamped. The Premises Licence holder / Designated Premises Supervisor must notify the Licensing Office or the Police on 101 in the event of CCTV breakdown or malfunction as soon as is reasonably practicable and in any event within 24hrs.
2. Incident Log
2.1 An Incident log must be kept at the premises. Incident log records will be retained for a period of 12 months from the date the incident occurred. It will be made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003), an authorised Trading Standards Officer or the Police, and must record the following:
(a) all crimes reported to the premises (where relevant to the licensing objectives)
(b) all ejections of patrons
(c) any complaints received (where relevant to the licensing objectives)
(d) any incidents of disorder
(e) any faults in the CCTV system or searching equipment or scanning equipment
(f) any refusal of the sale of alcohol
(g) any visit by a relevant authority or emergency services, noting time, date & purpose and those officials by name.
2.2 The DPS shall inspect and sign the Incident log monthly, to ensure that it is being properly maintained.
3. Sale of alcohol
3.1 There shall be no single sales of cans.
3.2 No beer, lager or cider in excess of 6.0% ABV shall be offered for sale.
3.3 All Beers, Lagers and Ciders will be marked in order to identify premises, at times as required by West Yorkshire Police to address alcohol related Anti-Social Behaviour.
3.4 All alcohol purchased shall be placed in plain packaging at point of sale.
3.5 Spirits of high ABV will be stored and sold from behind the counter.
4. Open vessels
4.1 No customers will be allowed to take from the premises open bottles or vessels.
5. Signage
5.1 Prominent, clear and legible signage (in not less than 32 font bold) shall be displayed at all exits to the premises requesting the public to respect the needs of local residents and to leave the premises and the area quickly and quietly.
6. Waste
6.1 No refuse shall be disposed of or collected from the premises between the hours of 19:00 and 07:00hrs.
7. Refusals register
7.1 A written register of Refusals will be kept including a 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 Designated Premises Supervisor 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 the Local Authority/Council on demand.
7.2 The DPS shall inspect and sign the Refusals register monthly, to ensure that it is being properly maintained.
8. Training
8.1 All staff engaged in the sale of alcohol to be trained in Responsible Alcohol Retailing - to include the operation and effect of the Castleford PSPO - upon commencing employment at the premises.
8.2 Retraining will be carried out six months.
8.3 A training record will 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.
9. Challenge 25
9.1 The premises shall operate a Challenge 25 Policy. Such policy shall be written down and kept at the premises. The policy shall be produced on demand of the Police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer the Local Authority/Council. Prominent, clear and legible signage (in not less than 32 font bold) shall also be displayed at all entrances to the premises as well as at, at least one location behind any counter advertising the scheme operated.
10. Designated premises supervisor
10.1 When the Designated Premises Supervisor is not on duty, a contact telephone number will be available at all times.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.