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
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 always 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 products made online / via telephone 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 / relayed to telephone orders 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 / telephone orders- 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.
4.3 The DPS will ensure that an Incident Report Register is maintained on the premises to record incidents such as anti-social behaviour.
4.4 The register will contain consecutively numbered pages in a bound format, the date, time and location of the incident, details of the nature of the incident, the names and personal licence numbers (if any) of any other staff involved or to whom the incident was reported, the names and numbers of any police officers attending, names and addresses of any witnesses and confirmation of whether there is CCTV footage of the incident.
4.5 The Incident Report Register will be produced immediately for inspection on request by a police officer or council enforcement officer.
5. DPS
5.1 The Designated Premises Supervisor or a Personal License Holder must be always contactable 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.
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, underage sales 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.
Annex 3 - Conditions attached after a hearing by the licensing authority
None
Annex 4 - Plans
See attached plans.