Annex 1 Mandatory Conditions
All Premises Licence authorising supply of alcohol
The licence is granted subject to the Mandatory conditions for sale of alcohol as set out in the Licensing Act 2003 as amended by the Licensing Act 2003 (Mandatory Licensing Conditions) Order 2010 and Order 2014.
1. No supply of alcohol may be made under the Premises Licence -
(a) At a time when there is no Designated Premises Supervisor in respect of the Premises Licence; or
(b) At a time when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.
2. Every supply of alcohol under the Premises Licence must be made, or authorised by a person who holds a Personal Licence.
3. (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.
a) games or other activities which require or encourage, or are designed to require or encourage, individuals to -
(i) 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
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
b) 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;
c) 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;
d) 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.
e) 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).
4. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
5. (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 licences 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 18 years 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) a holographic mark or
(b) an ultraviolet feature.
6. The responsible person shall ensure that -
(a) 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 -
(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml; and
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) 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.
Minimum Drinks Pricing
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 + (DxV)
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) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) “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 the 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 paragraph 2 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.
If the Premises Licence has conditions in respect of Door Supervision
[except theatres, cinemas, bingo halls and casinos]
1. Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must:
(a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or
(b) be entitled to carry out that activity by virtue of section 4 of the Act.
2. But nothing in subsection (1) requires such a condition to be imposed:
(a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c12) (premises with premises licences authorising plays or films); or
(b) in respect of premises in relation to:
(i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or
(ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act.
3. For the purposes of this section:
(a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and, which is licensable conduct for the purposes of that Act, (see Section 3(2) of that Act) and
(b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
Annex 2 Conditions consistent with operating schedule
General
1. The licence holder shall ensure that a digital CCTV camera system (which will include 'facial recognition') capable of providing evidential quality images in all lighting conditions shall be used at all times when licensable activities are taking place.
2. The licence holder shall ensure that the cameras shall cover the interior and the immediate exterior of the shop. Images will be retained for a minimum period of 28 days and be made available to the Police and licensing enforcement officers upon request (following an incident, offence or allegation) as soon as practicable and in any event within 24 hours where possible.
3. The licence holder shall ensure that footage shall be capable of being downloaded onto a portable storage device such as memory stick or DVD. The CCTV cameras shall cover the entire licensed area of the premises, including the till area where payment is made for alcohol.
4. The licence holder shall ensure that the CCTV recording equipment shall be kept in a secure environment under the control of the premises licence holder (PLH) and/or the designated premises supervisor (DPS).
5. The licence holder shall ensure that all individual staff shall be authorised to sell alcohol in writing by the DPS and a record of the authorisation will be kept in the shop at all times for inspection by responsible authorities.
6. The licence holder shall ensure that all staff shall receive training which shall include age verification and serving to persons to drunks before they are permitted to sell alcohol. Refresher training shall be carried out annually. All training records shall be fully recorded and signed by the person authorised by the premises licence holder, and shall be kept at the premises and made available for inspection upon request by the Police or the Licensing Enforcement Officer.
Prevention of Crime and Disorder
7. The licence holder shall ensure that the premises shall operate a refusals policy as follows - alcohol will not be sold to;
(a) Any person recognised or identified as a street drinker (regardless of their level of inebriation at the time);
(b) Any person found to be drinking alcohol in the street;
(c) Any person who is drunk or appears to be drunk;
(d) Any person suspected of trying to buy alcohol for another person who is drunk or appears to be drunk;
(e) Any person unable to provide valid photo ID when requested by staff;
(f) Any person who is verbally or physically abusive towards staff or customers.
(g) To any person suspected of trying to buy alcohol for another person(s) who may be under age.
8. The licence holder shall ensure that signs advising customers of the refusals policy shall be on display.
9. The licence holder shall ensure that signs telling customers not to drink alcohol in the street shall be on display
10. The licence holder shall ensure that spirits and premium alcohol products shall be kept behind the sales counter.
Public safety
11. The licence holder shall ensure that an incident register shall be maintained and kept on site at all times to record all incidents involving anti-social behaviour, injury and ejections from the premises. The register shall include consecutively numbered pages in a bound format and include the time, date and location of the incident, and details of the nature of the incident and names of any other staff involved or to whom the incident was reported.
12. The licence holder shall ensure that the register shall include the details of any Police Officer who attended the incident, names and addresses of any witnesses, and confirmation as to whether there is CCTV footage of the incident. The register will be checked and signed on a weekly basis by the DPS or, in the absence of the DPS, the manager who shall be nominated in writing.
13. The licence holder shall ensure that this register shall be made available for inspection by South Yorkshire Police or Local Authority Enforcement Officers immediately upon request.
14. The licence holder shall ensure that a refusals register shall be maintained and kept on site at all times to record all occasions where refusal to sell alcohol has taken place. The register shall include consecutively numbered pages in a bound format and include the time, date and location of the refusal, details of the nature of the incident, names of any other staff involved or to whom the incident was reported, and a description of the person(s) refused. The register shall be checked and signed on a weekly basis by the DPS or, in the absence of the DPS, the manager who shall be nominated in writing.
15. The licence holder shall ensure that the register shall be made available for inspection by South Yorkshire Police or a Local Authority Enforcement Officer on request.
Prevention of Public Nuisance
16. The licence holder shall ensure that notices will be on display in the shop asking customers to be quiet as they leave the shop.
17. The licence holder shall ensure that no deliveries to or from the premises shall
take place between 2200 and 0700hrs daily.
18. The licence holder shall ensure that no bottles or waste shall be deposited in the
external bins between 2300-0700hrs daily.
19. The licence holder shall ensure that staff monitor the area immediately outside the premises on a regular basis to check for, and properly dispose of, any litter.
Protection of children from harm
20. The licence holder shall ensure that the shop uses the Challenge 25 policy to ensure that only persons over 18 years of age are sold alcohol. All members of staff at the premises shall seek credible photographic proof of age evidence from any such person who appears to be under the age of 25 years and who is seeking to purchase alcohol. Such identification includes a passport, photographic driving licence, military ID or an accredited proof of age card.
21. The licence holder shall ensure that notices shall be clearly displayed at the point of access and at the point of sale area in relation to the Challenge 25 Policy.
22. The licence holder shall ensure that notices shall be displayed in the premises where they can be seen clearly to advise customers that it is unlawful for persons under 18 to purchase alcohol or for any persons to purchase alcohol on behalf of a person under 18 years of age.
23. The licence holder shall ensure that a due diligence checklist (aimed at preventing any underage sales) shall be used and be kept in the shop available for inspection by Authorised Officers.
Annex 3 Conditions attached after a Hearing of Licensing Authority
None.
Annex 4 Plans
See attached.