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.
Operating Schedule Conditions - Annex 2
1. CCTV
1.1 A tamper-resistant CCTV system shall be installed, operated and maintained in working order 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: serving areas to cover the till, the entire service counter, all service points to which the public may be given access, the entrances and exits of the premises and the entirety of shop floor so as to eliminate any blind spots.
1.4 There shall be at all times be a member of staff on site who is capable of using the CCTV system in order to assist the Police, or other person authorised by the Licensing Authority, to view any CCTV footage on immediate request.
1.5 In the event of the failure of the CCTV system for any reason, a record of that failure shall be made, together with any immediate steps to rectify the problem. The CCTV system will be checked weekly by the DPS or other nominated member of staff to ensure that it is operating correctly. Such checks shall be recorded, along with the identity of the person so checking the system.
1.6 All employees will be vigilant and monitor the area immediately outside the shop. They will use their best endeavours to disperse groups of three or more individuals who have been customers of the premises and then appear to be loitering in the above vicinity. All staff will report any incidents of Crime and/or ASB to the Police.
1.7 The store will maintain active membership of any Business Retail Crime Initiative run or endorsed by West Yorkshire Police whilst such a Scheme shall be in existence.
2. Staff Training
2.1 All staff engaged in the sale of alcohol shall be trained in Responsible Alcohol Retailing, to include the operation and effect of the Wakefield PSPO - prior to selling any alcoholic product.
2.2 All staff shall undergo refresher training in Responsible Alcohol Retailing on a rolling six month basis.
2.3 Such staff training records shall be kept on the premises and produced to the Police or an 'authorised person' (as defined by the LA'03) or an authorised Trading Standards Officer employed by the Council on demand.
3. Incident/Refusals Register
3.1 An Incident Log must be maintained and kept at the premises, and retained for a period of 12 months on a rolling basis. It must be inspected and endorsed by the DPS on a monthly basis, and produced to the Police or an 'authorised person' (as defined by the LA'03) or an authorised Trading Standards Officer employed by the Council on demand.
3.2 Such log shall 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
(f) Any refusal of the sale of alcohol (e.g. suspected drunkeness, underage or proxy sale)
(g) Any visit by a relevant authority or emergency services, noting the time, day, date and identify of any visitors by name.
4. Security
4.1 SIA staff will be employed on a risk assessed basis. A copy of that Risk Assessment shall be maintained and produced to the Police or an 'authorised person' (as defined by the LA'03) or an authorised Trading Standards Officer employed by the Council on demand.
4.2 The management will maintain adequate levels of staff during trading hours.
5. Sale of Alcohol
5.1 There shall be no single sales of cans or bottles for beer, lager or cider. All sales of these products shall be sold in a minimum of four cans or bottles.
5.2 No beer, lager or cider in excess of 6%ABV shall be offered for sale.
5.3 At times as required by the West Yorkshire Police, all beers, lagers and ciders will be marked in order to identify the premises from which such products have been sold.
5.4 All alcohol purchased shall be placed in plain packaging at point of sale.
5.5 No open bottles or vessels shall be allowed n the premises or taken from the premises.
5.6 All spirits will be stored and sold from behind the counter.
5.7 The area of alcohol display shall account for no more than 5% of the total shop display area.
5.8 No alcohol shall be sold unless contingent to and accompanied by a sale of other goods (excluding tobacco) to a minimum value of £5.
5.9 Receipts and invoices for all tobacco and alcohol products offered for sale or stored on the premises must be retained for a rolling period of 12 months, kept in a readily accessible file and be produced to the Police or an 'authorised person' (as defined by the LA'03), Customs Officer or an authorised Trading Standards Officer employed by the Council on demand.
5.10 Every single product sold from the store must go through the tills and a receipt shall be raised that is a true and accurate record of any such transaction.
6. Supervision
6.1 The Designated Premises Supervisor or a Duty Manager shall be on the premises at all times that alcohol is being offered for sale.
7. Challenge 25
7.1 The premises shall operate a Challenge 25 Policy. Such a policy shall be written down, kept at the premises and produced to the Police or an 'authorised person' (as defined by the LA'03) or an authorised Trading Standards Officer employed by the Council on demand.
7.2 Prominent, clear and legible Challenge 25 signage shall be displayed at the entrances to the premises, as well as at point of sale.
7.3 Proxy signs warning adults against buying alcohol for children shall be on display at point of sale.
Hearing - Annex 3
None
Plans - Annex 4
See attached plans