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 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.
Minimum Drinks Pricing
4. 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.
5. 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.
6. 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.
7. (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.
Annex 2 Conditions consistent with operating schedule
None
Annex 3 Conditions attached after a Hearing of Licensing Authority
None
Annex 3 Conditions added by Sheffield Magistrates Court on 12th May 2022. A Consent Order was agreed and signed by the Licensing Authority & the Licence Holder, as settlement to an appeal against the Licensing Authorities decision to revoke the Premises License.
CCTV
1. A digital Closed Circuit Television System (CCTV) will be installed and maintained in good working order and be correctly time and date stamped.
i. The system will incorporate sufficient built-in hard-drive capacity to suit the number of cameras installed.
ii. CCTV will be capable of providing pictures of evidential quality in all lighting conditions, particularly facial recognition.
iii. Cameras will encompass all ingress and egress to the premises, the immediate area outside the frontage of the Premises and all areas where the sale/supply of alcohol occurs.
iv. The system will record and retain CCTV footage for a minimum of 28 days.
v. The system will record at all times when the Premises are open.
vi. The system will incorporate a means of transferring images from the hard-drive to a format that can be played back on any desktop computer.
vii. The Digital recorder will be password protected to prevent unauthorised access, tampering, or deletion of images.
viii. There will be at all times, when the premises is open, a member of staff on duty with access to the CCTV system who is trained in the use of the equipment.
ix. Upon receipt of a request for a copy of CCTV footage from Police, or Officers of any other Responsible Authority, the member of staff will produce the footage within 24 hours, or as soon as reasonably practicable if urgently required for investigations of serious crime.
x. CCTV footage must be made available to be viewed by South Yorkshire Police or an Officer of a Responsible Authority upon request or during an inspection.
INCIDENT BOOK
2. An incident book must be kept at the Premises and maintained up to date (no later than 24 hours after the incident) at all times and will record the following:
i. Time date and details of all incidents/complaints of crime and disorder or anti-social behaviour
ii. Any faults in the CCTV system
iii. Any visit by a responsible authority or emergency service
The incident book must be kept at the premises and made available to South Yorkshire Police or an Officer of a Responsible Authority on request, or during an inspection.
REFUSALS REGISTER
3. A refusals register must be kept at the Premises and maintained up to date at all times recording the date time, type of product refused, reasons for every refusal to sell alcohol to a customer and the name and signature of member of staff refusing the sale.
4. The refusals record must be made available to South Yorkshire Police or an Officer of a Responsible Authority on request, or during an inspection.
5. The Premises Licence Holder or the Designated Premises Supervisor must monitor the Refusals Register every month and must sign and date the Refusals Register when this has been completed, or if the Refusals Register is electronic the check and date and time of the check must be clearly recorded.
TRAINING
6. Training in relation to the Licensing Objectives and the conditions on the premises licence, Challenge 25, under age sales, sales to adults on behalf of a minor (proxy sales), sales to intoxicated persons, refusals registers and incident records must be provided and undertaken by all members of staff (whether paid or unpaid) before he / she makes a sale or supply of alcohol and at least every six months thereafter.
7. Documented training records must be completed in respect of every member of staff (whether paid or unpaid) and must include the name of the member of staff trained, date, time and content of the training. The record must be signed by the member of staff who has received the training, the Designated Premises Supervisor, the Premises Licence Holder or external training providers.
8. Documented training records must be kept at the premises and made available to South Yorkshire Police or an Officer of a Responsible Authority on request, or during an inspection.
PREVENTION OF CRIME AND DISORDER.
9. All staff selling alcohol shall be authorised to sell alcohol in writing by the DPS and a record of the authorisation shall be kept in the shop for inspection by authorised officers.
10. A recruitment procedure shall be in place which includes the steps that will be taken by the PLH to check the suitability and eligibility of an individual to work at the premises. The procedure shall be kept at the premises and be available for inspection upon request by any Authorised Officer.
PUBLIC SAFETY
11. The Licence Holder shall ensure that all emergency lighting is checked on a weekly basis. Entrances, exits and passageways shall be kept clear.
12. The premises' Fire Risk Assessment will be made available to any officer of a responsible authority upon request.
THE PREVENTION OF PUBLIC NUISANCE
13. The Premises Licence Holder shall ensure notices are displayed at all entrances and exits of the premises advising customers to have respect for the nearby residents and keep noise levels to a minimum as they depart.
THE PROTECTION OF CHILDREN FROM HARM
14. The premises licence holder shall adopt the Challenge 25 scheme and appropriate signage will be placed at the entrance to the premises and adjacent to any till area. The premises will operate a policy whereby any person attempting to buy alcohol persons who appears to be under 25 will be asked for photographic ID to prove their age. The ID that will be accepted is a passport or driving licence with a photograph.
Annex 4 Plans
See attached.