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, 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 and all outdoor areas utilised under the premises licence, 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.
2. Proof of Age
2.1 All orders for any alcoholic product will be made online and sales will be subject to acceptable proof of age.
2.2 Upon entry to the Website a notice will be displayed outlining the offence of selling alcohol to U18’s.
2.3 A disclaimer/challenge will be displayed requiring the purchaser to agree that they are 18 years of age or over before proceeding to place an order for alcohol.
2.4 At checkout a further disclaimer/challenge will be in place whereby the purchaser agrees to all terms and conditions and that all alcohol deliveries are signed for by a person who is 18 years of age or older.
2.5 A notice will be displayed informing the purchaser that the delivery driver reserves the right to refuse delivery to any person suspected of being drunk or underage.
3. Payment
3.1 Internet sales- payment will be made in full at the time of ordering never at the time of delivery. An invoice will be produced which will contain the following: -
a) The name, full postal address, and telephone number of that person
b) The price of the alcoholic products.
c) The date and time of the order.
4. Records, Incidents & Refusals
4.1 A record of all orders and deliveries will be kept electronically and made available for inspection at reasonable request, by Police officers or other local Licensing Enforcement Officers.
4.2 The premises shall maintain a Refusals Log (either digitally or handwritten) and keep the log fully up to date with references recording those suspected of being under the age of 18 or drunk.
5. DPS
5.1 The Designated Premises Supervisor or a Personal License Holder must be contactable at all times during business hours and a register will be maintained on the premises of their contact
details.
6. Deliveries
6.1 All deliveries, wherever possible, will be made by an external courier service who will collect direct from the premises.
6.2 Only in exceptional circumstances where deliveries cannot be met by the external provider, or, where a local delivery does not require the use of an external provider, these deliveries are to be
made exclusively by staff trained in age verification and the detail of such training is recorded as per point 6.
7. On site Off-Sales
7.1 All off sales made from the premises shop shall be in sealed containers.
8. Staff Training
8.1 All staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, underage sales, operation of Wakefield City Centre Public Space Protection Order and serving alcohol to drunks training.
8.2 Regular training to all staff shall be undertaken on a 6 monthly basis and recorded.
8.3 All staff training shall be recorded, and training records maintained and made available immediately for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
9. The premises
9.1 Alcohol will only be consumed onsite as part of an arranged Distillery Tour, Gin School, or other similar prearranged event.
9.2 No children under the age of 18 will be allowed on the premises at any time unless accompanied by an adult.
10. Children
10.1 No children as defined by the Licensing act shall be allowed to remain on the premises after 21:00hrs daily, unless attending a pre-arranged event.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.