Annex 1 - Mandatory Conditions
1. 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.
2. 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.
3. 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.
4. (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.
5. 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,
6. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
7. (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.
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 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 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.
1.4 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.
1.5 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 prior to selling any alcoholic product.
2.2 All staff shall undergo refresher training in Responsible Alcohol Retailing on an annual 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 drunkenness, 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.
5. Supervision
5.1 The Designated Premises Supervisor shall be on the premises or contactable at all times that alcohol is being offered for sale.
6. Restaurant
6.1 Food prepared on the premises shall be available at all times the premises are open to the public.
6.2 There will be a minimum number of 30 covers maintained within the restaurant at any time.
7. Noise
7.1 Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
8. Challenge 25
8.1 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.
8.2 Prominent, clear and legible Challenge 25 signage shall be displayed at the entrances to the premises, as well as at point of sale.
8.3 Proxy signs warning adults against buying alcohol for children shall be on display at point of sale.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.