ANNEX 1 - MANDATORY CONDITIONS
1.1 No supply of alcohol may be made under this licence
a. at a time when there is no designated premises supervisor in respect of it or,
b. at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended
1.2 Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.
Mandatory Licensing Conditions (wef October 2014)
(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.
Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014
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(a);
(b) “permitted price” is the price found by applying the formula -
P = D + (D×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) “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(b).
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
2.1 A Challenge 25 proof of age policy shall be implemented and adhered to. All staff to have received suitable training in relation to the Challenge 25 proof of age scheme. Records to evidence this shall be made available to an authorised officer upon request.
2.2 Alcohol shall not be sold to drunk or intoxicated customers.
2.3 Staff shall be trained in requesting customers to use premises in an orderly and respectful manner and to prevent customers drinking alcohol within the store.
2.4 Internal and external lighting shall be fixed to promote the Public Safety objective
2.5 CCTV shall be installed which covers the internal store area, car park and boundary line of store (16 cameras in total) and ill store recordings for a minimum of 31 days.
2.6 Training shall be provided and a system implemented for underage ID checks.
2.7 Staff shall be trained in adherence to environmental health requirements.
2.8 A clear, legible and conspicuous notice shall be displayed at the exit of the store asking the public to respect the needs of nearby residents and to leave the premises and the area quietly.
2.9 Any person who looks or appears to be under the age of 25 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable:
i. A recognised proof of age card accredited under the British Retail Consortium's Proof of Age Standards Scheme (PASS)
ii. Photo driving licence
iii. Citizen card supported by the Home Office
iv. Official ID card issued by HM Forces or European Union bearing a photograph and date of birth of the holder.
If no suitable identification is provided, the sale of alcohol to them shall be refused.
2.10 Suitable signage shall be displayed to specify that a Challenge 25 Policy is in place.
2.11 All refusals shall be recorded in a refusals book kept in store and monitored by the store manager.
The refusals book shall contain;
i. Details of the time, day and date the refusal was made
ii. The name of the staff member refusing the sale
iii. A description of the young person attempting to purchase
iv. Details of the alcohol the young person attempted to purchase
ANNEX 3 - CONDITIONS ATTACHED FOLLOWING A HEARING OF THE LICENSING AUTHORITY
3.1 The Licence holder is to support and rigorously enforce the Challenge 25 proof of age policy. All staff shall be trained to ask any person who they believe looks or appears to be under the age of 25 to provide identification that they are over the age of 18 to purchase alcohol.
The following are forms of identification that are acceptable:
a) Photo driving licence
b) Passport
c) Proof of Age Standards Scheme Card
d) National ID card
3.2 All staff shall receive suitable training in relation to the proof of age scheme to be applied upon the premises as well as serving to drunks training. Records to evidence this shall be made available to an authorised officer upon request. Refresher training shall be conducted every 3 months as a minimum.
3.3 “Challenge 25” posters shall be displayed in prominent positions at the premises.
3.4 CCTV shall be installed internally at the premises and shall comply with the following:
a) The CCTV system shall be installed, maintained and operated to the reasonable satisfaction of Lancashire Constabulary. All areas of the store are to be covered by the system including the entrance/exit checkout and main alcohol display. The system shall be capable of providing an image which is regarded as identification standard.
b) The system shall display on any recording the correct time and date of the recording.
c) The system shall make recordings during all hours the premises are open to the public.
d) Digital recordings shall be held for a minimum of 21 days after the recording is made and shall be made available to the Police or any authorised persons acting for a Responsible Authority for inspection upon request.
e) The system shall, as a minimum, record images of the head and shoulders of all persons entering the premises.
3.5 A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times the premises are open to the public. This staff member shall be able to show recent data or footage with the absolute minimum of delay when requested to a Police Officer or to a Local Authority Enforcement Officer.
3.6 If the CCTV is not working correctly the Licence Holder shall take immediate steps to rectify the fault. A log of the steps shall be kept and be made available for inspection Police Officer or to a Local Authority Enforcement Officer.
3.7 Appropriate signage alerting customers to CCTV recording shall be displayed in conspicuous positions on the premises.
3.8 An authorisation of sales, signed and dated by the DPS, shall be kept at the premises showing all persons authorised by them to make sales of alcohol at the premises.
3.9 An incident book shall be maintained, in which refused sales to suspected under age/ drunken persons shall be recorded. That book shall be available for inspection by a Police Officer or authorised person.
3.10 Access of spirits shall be restricted to the secure staff area and sale and supply shall be by assistant only.
3.11 At least one personal licence holder shall be contactable and able to attend the premises within one hour while the supply or sale of alcohol is being undertaken (whose identity shall be known to all other staff engaged in the supply or sale of alcohol) except in the case of emergency.
ANNEX 4 - PLANS
See attached plan ref FY PL0015