ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 Alcohol shall not be sold or supplied:
(a) At any time when there is no designated premises supervisor in respect of the
premises licence, or
(b) At any time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended
1.2 Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
1.3 (a) 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.
(b) 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.
(c) 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 -
(i) a holographic mark, or
(ii) an ultraviolet feature.
1.4 The relevant person (the holder of the premises licence, the designated premises supervisor (if any) in respect of such a licence, the personal licence holder who makes or authorises a supply of alcohol under such a licence, or any member or officer of a club present on the premises in a capacity which enables the member or officer to prevent the supply in question) 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.
For the purposes of this condition “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979, “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 rate 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;
[“value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994]
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
The following conditions in Annex 2 are conditions consistent with the operating schedule submitted by the applicant within the application:
The premises licence holder shall ensure litter bins are provided.
All staff engaged in the sale and supply of alcohol to be trained in responsible alcohol retailing to the minimum standard of BIIAB Level 1 or equivalent, within three months of commencing employment at the premises. Training records shall be kept on the premises and produced to the police or an authorised officer of the licensing authority on demand. For the avoidance of doubt this training may be administered in-house/on-line in accordance with the relevant criteria. Training shall be reviewed six-monthly to ensure that staff are up to date with the latest legislation. All current staff shall be trained to the above standard within six months.
No sales of alcohol shall be made to any person unless it is with a food order, sold at the same time as the food order and is part of a delivery order only. There shall be no sale or supply of alcohol for consumption off the premises with a takeaway order for customers attending the premises.
The premises licence holder shall ensure that no illegal drugs or alcohol are permitted on the premises and any patrons who are abusive or showing adverse effects of drugs or alcohol shall not be served.
CCTV shall be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas and all areas where the sale/supply of alcohol occurs. Equipment must be maintained in good working order, be correctly time and date stamped, recordings must be kept in date order, numbered sequentially and kept for a period of 31 days and made available to an authorised officer of the Licensing Authority or Police upon request. The premises licence holder must ensure that at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a viewable format on disc or storage device to the Police/Local Authority within 36 hours of a request. The Recording equipment and discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational log report must be maintained endorsed by signature, indicating the system has been checked and is compliant on every day the premises is open to the public. In the event of any failings of the CCTV system, actions taken are to be recorded. In the event of technical failure of the CCTV equipment the premises licence holder/DPS shall report the failure to the police and licensing authority immediately. It should be noted that any retention, use or disclosure of personal information captured on CCTV must be carried out in line with data protection principles which shall override any conflicting element of this condition.
An incident book(s)/refusals register(s) shall be kept and maintained on the premises at all times. In the case of the refusals register(s) in addition to the register kept on the licensed premises, there shall be an additional register which shall accompany the delivery driver(s), this book shall be returned to the licensed premises at the end of licensable activities on each day. The book(s) shall detail all incidents of injury/ejection/refusals/drug misuse/seizure/age challenge. Such matters shall be timed, dated and signed by the author, countersigned by the designated premises supervisor/premises licence holder and produced to police or an authorised officer of the licensing authority on demand.
The premises licence holder shall take all reasonable precautions to ensure that delivery staff or contractors shall only deposit the order of alcoholic products with an adult and that the order is signed for.
The premises licence holder shall ensure that all spillages are dealt with immediately to maintain a safe environment.
The premises licence holder shall ensure all entrances and exits are maintained so as accessible to all patrons.
The sale of alcohol shall be for consumption off the premises with a delivery to a home or bona fide business address only. For the avoidance of any doubt there shall be no deliveries of alcohol to open air outdoor locations under any circumstances.
Alcohol shall be stored in the area known as food storage/preparation area and shall be kept out of sight of customers attending the premises.
There shall be no advertising or promotional material within the premises indicating the sale or supply of alcohol.
Where the premises licence holder maintains a website for the business or any forms of advertising/promotional material which is only supplied to customers of home deliveries or leaflet dropped to home or business addresses these shall contain:
A) The name of the delivery service, valid telephone numbers, e-mail address, the premises licence number which authorises the sale/supply of alcohol and the relevant licensing authority which issued the premises licence;
B) The ordering by, sale/supply of any alcohol product to anybody under the age of 18, or delivery of any alcohol products to anybody under the of 18 is strictly forbidden; and
C) On delivery when asked to do so, refusal or failure to provide only valid and accredited proof of age cards/documents will result in the delivery of an alcohol order being refused outright.
The premises licence holder shall ensure that all refusals are promptly recorded in a legible format and shall be produced to an authorised officer of the Police or Local Authority upon request.
No person under the age of 18 shall be employed by the premises licence holder to act as the driver of a vehicle to be involved in the operation of the licensed business nor shall any person under the age of 18 have any responsibility for the delivery of alcoholic products from the licensed premises.
The premises licence holder or designated responsible person on the premises shall not permit customer to enter the licensed premises with open containers of alcohol.
Alcohol sales shall be limited to beer, wine or cider only and there shall be no sales of beer with an alcohol content of 5.5% ABV (alcohol by volume) or greater.
Orders of alcohol shall be limited to not more than 1 bottle of wine or four cans of lager or cider (of total volume not more than 2 litres) in total per order.
The premises licence holder shall ensure that notices are prominently displayed and maintained on the premises requesting that customers enter and leave the premises quietly.
Staff on duty shall monitor the activity of patrons leaving the premises and assist with a managed departure at the end of licensing hours. Persons leaving shall be reminded to act in a responsible manner and leave the immediate area with consideration to the needs of the local community.
The premises licence holder shall operate a ‘Challenge 25’ proof of age scheme at the licensed premises and also at each delivery address. Staff shall request production of a proof of age photographic identity document where the individual seeking requesting sale of alcohol by retail appears to be under the age of 25 years. For these purposes acceptable forms of identity shall be a passport, driving licence or pass/similar accredited photo-identity card.
The premises licence holder shall ensure that suitable and sufficient training is undertaken by all members of staff in relation to the ‘Challenge 25’ policy and that refresher training is undertaken at least once every six months. Appropriate records of such training, including date, time and persons involved, shall be kept and made available to the police and/or local authority upon reasonable request.
The premises licence holder shall take all reasonable anti-fraud and underage sales precautions to ensure that no on-line/telephone sales of alcohol are made or delivered to persons under the age of 18.