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 The CCTV will be of good quality and contain the correct time and date stamp information. A member of staff who can operate the CCTV system will be on duty at all times whilst the premises is open . The rapid downloading of footage will be within 24 hrs.
1.2. The premises shall install and maintain a digital CCTV system.
1.3. The CCTV system shall have sufficient hard drive storage capacity to store a minimum of 31 days.
1.4. 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 every entrance and exit point and at each point of sale.
1.5. CCTV shall be continually recording during licensable hours.
1.6. 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. Incident Book
2.1. An incident book must be kept on the premises and be made available for inspection by responsible authorities. The incident book must be used to record the following:
(i) Any incident of violence or disorder on or immediately outside the premises
(ii) Any other crime or criminal activity on the premises
(iii) Any refusal to serve alcohol to persons who are drunk
(iv) Any refusal to serve alcohol to under 18’s or anyone appearing to be under 18
(v) Any call for police assistance to the premises
(vi) Any ejection from the premises
(vii) Any first aid/other care given to a customer.
2.2. The incident log shall have consecutively numbered pages, the date time and location of the incident, details of thenature of the incident, the names and personal licence numbers (if any) of any staff involved or to whom the incident was reported, the names and numbers of any police officers attending, the police incident and/or crime number, names and addresses of any witnesses and confirmation of whether there is CCTV footage of the incident. The incident log will be retained for a period of 12 months.
3. Signage
3.1. Prominent, clear and legible signage shall be displayed at all exits to the premises requesting the public to respect theneeds of local residents and to leave the premises and the area quickly and quietly.
4. Litter
4.1. A litter bin must be provided and maintained outside the premises, and be regularly emptied.
5. Refusals Register
5.1. A written register of refusals will be kept including a 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 designated premises supervisor and produced to the police or an ‘authorised person’ (as defined by section 13 of the Licensing Act 2003) or an authorised trading standards officer the local authority/council on demand.
6. Challenge 25
6.1. The premises shall operate a Challenge 25 policy. Such policy shall be written down and kept at the premises. The policy shall be produced on demand of the police or an ‘authorised person’ (as defined by section 13 of the licensing act 2003) or an authorised trading standards officer the local authority/council.
6.2. Prominent, clear and legible Challenge 25 signage shall also be displayed at all entrances to the premises as well as at, at least one location behind any counter advertising the scheme operated.
6.3. All staff engaged in the sale of alcohol to be trained in Challenge 25. Training records shall be kept on the premises andproduced to the police or an ‘authorised person’ (as defined by section 13 of the Licensing Act 2003) or an authorised trading standards officer of the local authority/council on demand.
7. Alcohol
7.1 There shall be no single sales of cans or bottles for beer, lager or cider. All sales of these products shall be sold in a minimum of four cans or bottles.
7.2 No beer, lager, or cider in excess of 6%ABV shall be offered for sale.
7.3 All beers, lagers and ciders will be marked in order to identify premises at times as required by West Yorkshire Police to address alcohol related Anti-Social Behaviour. West Yorkshire Police will provide a means of marking the beers, lagers and ciders.
7.4 No open bottles or vessels shall be allowed on the premises or taken from the premises.
7.5 All spirits will be stored and sold from behind the counter.
7.6 The area of alcohol display shall account for no more than 15% of the total shop display area.
8.Tobacco
8.1 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 months, kept in a readily accessible file and be produced to the Police or an 'authorised person' (as defined by the LA'03), Customs Officer or an authorised Trading Standards Officer employed by the Council on demand.
8.2 Every single product sold from the store must go through the tills and a receipt shall be raised that is a true and accurate record of any such transaction.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.