ANNEX 1 - MANDATORY CONDITIONS
Supply of Alcohol
No supply of alcohol may be made under the premises licence:
() at a time when there is no designated premises supervisor in respect of the premises licence, or
() at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
Age Verification
(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 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.
Permitted Price
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 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;
(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 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 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 THE OPERATING SCHEDULE
PREVENTION OF CRIME & DISORDER
(a) A full CCTV system shall be maintained and operated at the premises with cameras positioned both internally and externally.
(b) Recorded CCTV images will be maintained and stored for a period of twenty-eight days and shall be produced to the Police or Licensing Authority upon request.
(c) CCTV will be in operation at any time a person is in the premises. Where CCTV is recorded onto a hard drive system, any DVDs subsequently produced will be in a format so it can be played back on a standard PC or DVD player.
(d) Any person left in charge of the premises must be trained in the use of any such CCTV equipment, and be able to produce CCTV images to an officer from a responsible authority upon request.
(e) All alcohol sold at the premises shall be in sealed containers.
(f) A refusals book will be maintained at the premises, and made available to an officer of a responsible authority upon request.
(g) The sale of alcohol shall be supplied with, and ancillary to a takeaway meal only.
PUBLIC SAFETY
(a) A first aid box will be available at the premises at all times.
(b) Regular safety checks shall be carried out by staff.
(c) The premises shall maintain an Incident Log and public liability insurance.
(d) A management plan shall be in place and adhered to at all times the premises is open.
THE PREVENTION OF PUBLIC NUISANCE
(a) The exterior of the building shall be cleared of litter at regular intervals.
(b) The emptying of bins into skips, and refuse collections will not take place between 11pm and 7am.
(c) No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.
(d) There shall be no noise or odours caused by the kitchen extraction equipment that gives rise to a nuisance.
(e) Delivery drivers shall conduct the delivery in a manner that will not cause a noise disturbance to the occupiers of any residential properties surrounding the delivery or premises address. This includes the avoidance of slamming doors, playing loud music, shouting, overreving engines and sounding horns to signal their arrival. The driver shall turn the engine off immediately upon arrival at the delivery address and will park considerately without causing any obstruction to the highway.
(f) All deliveries of alcohol shall only be delivered to a property address with a valid postcode and will only be delivered directly to that property.
(g) Customers will be instructed when placing the order that they will not be able to collect the order from the vehicle. All deliveries will only be made directly to the property address and customers will not be permitted to take orders from the vehicle.
THE PROTECTION OF CHILDREN FROM HARM
(a) A “Challenge 25” Policy shall be implemented in full and appropriate identification sought from any person who appears to be under the age of 25 both upon sale of alcohol at the premises and upon delivery of alcohol.
(b) The only acceptable forms of ID are photographic driving licences, passports, HM forces warrant cards, an EU/EEA national ID card or similar document or a form of identification with the "PASS" hologram.
(c) All delivery staff shall be made aware of the Challenge 25 Policy.
(d) Delivery of alcohol will only be made to persons aged 18 or over with acceptable ID. In the event that the customer is under 18 or acceptable ID cannot be produced then the alcohol will be returned to the premises and the customer shall be refunded.
(e) No deliveries of alcohol shall be left unattended at the delivery address or left with a person under the age of 18.
(f) Staff training will include the Challenge 25 Policy and its operation. In particular, staff shall be trained to take such action as is necessary to prevent the sale of alcohol to persons under the age of 18 or over the age of 18 where those customers are engaged in the distribution of alcohol to persons under the age of 18. The training must be given to a new member of staff before they commence employment and all staff must receive refresher training every 6 months.
(g) Notices must be displayed in prominent positions indicating that the Challenge 25 policy is in force.
(h) The Designated Premise Supervisor or Premises Licence Holder shall operate and maintain an up-to-date Register of Refusals of Sale of Alcohol, indicating the date, time and reason for refusal which shall be made available for inspection by Local Authority Officers and the Police. Alternatively an electronic point of sale refusals log shall be kept.
(i) A refusals log is to be kept, and maintained in vehicles delivering alcohol.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
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