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 shall install and maintain a digital CCTV system.
1.2 The CCTV system shall have sufficient hard drive storage capacity to store a minimum of 28 days.
1.3 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.
1.5 A CCTV log will be completed on a weekly basis to record all elements of the CCTV System is being maintained in good working order and recordings date and time stamped.
1.6 Only nominated staff shall be trained in the operation of the CCTV system to ensure rapid data retrieval & downloads of footage can be provided to the Police & the Local Authority Officer upon reasonable request in accordance with the Data Protection Act.
1.7 CCTV shall be continually recording during licensable hours.
1.8 In the event of a failure of the CCTV system for any reason, a record of the failure will be recorded in the premises log and immediate steps will be made to rectify the problem.
2. ALCOHOL
2.1 Alcohol shall only be sold with food orders for consumption off the premises and for home delliveries.
2.2 All home delivery orders that include the sale of alcohol will be taken over the phone or on the Internet and full payment made prior to delivery.
2.3 All alcohol will be stored on the premises in the fridge behind the counter and the store room.
2.4 A minimum spend of £5.00 must be made on all food purchases before alcohol can be sold.
3. INCIDENT LOG
3.1 An incident log must be kept at the premises. Log records will be retained for a period of 12 months from the date it 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) Any other incidents of disorder witnessed during deliveries.
4. REFUSALS
4.1 A refusals book will be retained by the premises and will be used to record all refusals to sell alcohol for any reason. Where other age restricted products are sold at the premise, any refusals to sell such items to underage persons or persons who appear underage must be recorded. The details to be recorded must be as follows:
(i) Time, day & date of refusal
(ii) Item refused
(iii) Name & address of customer (if given)
(iv) Description of customer
(v) Details of i.d. offered (if shown)
4.2 The refusals book must be made available for inspection by responsible authorities on request.
5. DESIGNATED PREMISES SUPERVISOR
5.1 When the DPS is not on duty a contact telephone number will be available at all times.
6. LOG BOOKS
6.1 The Driver will always carry with him/her the following Compliance log books:
a) Incident log
b) ID Signature delivery log
c) Customer Refusal Log.
7. SECURITY GLASS
7.1 Security glass shall be fitted at the front of the premises.
8. NOISE /NUISANCE CONTROL
8.1 No refuse shall be disposed of or collected from the premises between the hours of 19.00 and 07.00 on any day.
8.2 There will be provided at or near the exits, 1 waste bin to enable the disposal of waste food, food containers, wrappings etc.
8.3 The Premises Licence holder / Designated Premises Supervisor will ensure that litter arising from people using the premises is cleared away and checked periodically throughout the opening times and at the end of each night.
8.4 The Manager and staff will carry out with regard to their own personal safety, their best endeavours to disperse any persons that appear to be loitering outside the immediate area of the shop.
8.5 Notices will be displayed in a prominent position to remind customers to leave the area quickly and quietly and to respect local residents.
9. CHALLENGE 25 POLICY
9.1 A “Challenge 25” policy shall be operated at the premises at all times including home deliveries.
9.2 Prominent, clear and legible Challenge 25 signage shall also be displayed at the entrance to the premise as well as at, at least one location at the point of sale and/or behind any counter advertising the scheme operated.
10. TRAINING
10.1 A documented training programme shall be introduced for all staff upon first appointment in a position to sell, serve alcohol. This training will include information on preventing the sale of alcohol to persons who appear to be drunk or underage or purchasing on behalf of another who appears to be drunk or underage at the point of sale.
10.2 The training programme shall be made available for inspection at the request of Trading Standards, Licensing Authority Officers and Police. A written record shall be kept of the content of training.
10.3 The log of all the individuals who are authorised to sell alcohol will be maintained in the staff training manual.
11. WEBSITE
11.1 The following policy will be published on the website for customers to read when ordering food with alcohol that at the time of the sale:
a: The business operates Challenge 25
b: it is unlawful to purchase alcohol for persons under the age of 18 years.
c: At the time of delivery the driver must be instructed that should they believe that any alcohol ordered will be consumed by a person under the age of 18 years, delivery will be refused and a refund will be given.
d: All customers will be informed at the point of sale that all delivery drivers are unable to deliver any alcoholic items if they believe a customer is drunk or appears to be drunk or the alcohol could be intended for persons who appear to be underage and a full refund for the items will be made.
Annex 3 - Conditions attached after a hearing by the licensing authority
None
Annex 4 - Plans
See attached plans.