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.
Annex 2 - Conditions consistent with the Operating Schedule
Operating Schedule Conditions;
1. CCTV
1.1 A tamper resistant CTV system shall be installed, maintained in working order and operated at the premises. CCTV images shall be retained for no less than 28 days.
1.2 Cameras shall be installed and located in all entry and exit points, bar/serving areas, circulation areas to enable capture of images of individuals to be of a standard which allows them to be identified.
1.3 Recordings of incidents at the premises will be made secure for inspection by the police and provided upon lawful request. This means that a member of staff shall be available within 24 hours or by prior appointment who can operate and download the CCTV system and provide recordings in accordance with lawful requirements.
1.4 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 Local Authority to immediately view CCTV footage.
1.5 In the event of a failure of the CCTV system, a record of the failure will be recorded immediately, and steps will be made to rectify the problem.
1.6 The 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 will be recorded and by whom they were carried out.
1.7 The management will monitor the exterior of the premises using the CCTV and use their best endeavours to disperse any persons who appear to be congregating outside the premises.
2. DPS
2.1 When the DPS is not on duty, a contact telephone number will be available at all times.
3. Incident log
3.1 An incident log must be kept at the premises. Incident log records will be kept for 12 months from the date the incident occurred.
3.2 The log will be made available immediately upon request to an 'authorised person' as specified by Section 13 of the Licensing Act 2003, an authorised Trading Standards Officer or the Police, and must record the following:
all crimes reported to the premises (where relevant to the licensing objectives)
all ejections of patrons
any complaints received (where relevant to the licensing objectives)
any incidents of disorder
any faults with the CCTV system or searching equipment or scanning equipment
any refusal of the sale of alcohol
any visit by a relevant authority or emergency services, noting time, date and purpose and those officials by name.
3.3 The DPS shall inspect and sign the incident log monthly to ensure that it is being properly maintained.
4. Refusals register
4.1 A written register of refusals will be kept, including 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 DPS and produced to the Police or 'authorised person' or an authorised Trading Standards Officer or an officer of the Local Authority/Council on demand. The DPS shall inspect and sign the register monthly to ensure that it is being properly maintained.
5. Alcohol sales
5.1 There shall be no sales of single cans of beer, lager, cider, alcohol related energy drinks or alcohol related water in excess of 6% ABV. A minimum of 4 cans must be sold at any one time.
5.2 Spirits of a high ABV to be sold from behind the counter.
5.3 All beers, lagers, ciders, alcohol related energy drinks or alcohol related water will be marked in order to identify the premises at times required by West Yorkshire Police to address alcohol related anti-social behaviour.
5.4 All alcohol purchased shall be placed in plain packaging at the point of sale.
6. Receipts
6.1 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 calendar months and kept within a readily accessible file and must be made available upon immediate and reasonable request by any Police officer, Customs Officer or other authorised person as defined by S13 of the Licensing Act 2003.
7. Open vessels
7.1 No customers will be allowed to take open bottles or vessels from the premises.
8 Signage
8.1 Prominent, clear and legible signs (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.
9. Training
9.1 All staff engaged in the sale of alcohol shall be trained in responsible alcohol retailing, to include, the operation and effect of the Castleford PSPO, upon commencement of employment at the premises.
9.2 Retraining will be carried out annually.
9.3 Training records shall be kept on the premises and produced to an 'authorised person' as specified by Section 13 of the Licensing Act 2003, an authorised Trading Standards Officer, Local Government/Council Officer, or the Police on demand.
10. Challenge 25
10.1 The premises shall operate a Challenge 25 Policy. Such a policy will be written down and kept at the premises. The policy shall be produced on demand to an 'authorised person' as specified by Section 13 of the Licensing Act 2003, an authorised Trading Standards Officer the Police or an officer of the Local Authority/Council.
10.2 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 least one location behind any counter advertising the scheme operated.
Annex 3 - Conditions attached after a hearing by the licensing authority
1. At the close of business the area to the shop frontage shall be cleared of waste and a waste receptacle shall also be provided during trading hours.
Annex 4 - Plans
See attached plans.