Annex 1 - Mandatory conditions
S 19; mandatory conditions where licence authorises supply of alcohol
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, 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
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 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.
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 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
General
1. Authorised staff employed by Sussex Police in the role of licensing officer shall have the right of access to the licensed premises during hours of operation for the purpose of inspection of the premises and premises records in order to ensure the promotion of the licensing objectives.
2. Alcohol will only be displayed within areas that can be seen from the sales counter.
3. There will be no advertising of alcohol placed on the outside footpath such as A boards.
4. There will be no advertising of promotions/deals on any alcoholic product that can be seen from outside the premises including window posters.
5. All spirits to be behind the counter and beyond arms reach of customers.
6. No single cans of 440ml or less of beer, lager or cider will be sold; only multipacks of 4 or more cans will be sold.
For the Prevention of Crime and Disorder:
7. (a) Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System (PSDB Publication Number 09/05), operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises. The system shall be on and recording at all times the premises licence is in operation.
(b)The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times.
(c)CCTV footage will be stored for a minimum of 31 days.
(d)The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime.
(e)The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.
(f)Subject to GDPR guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk (or other electronic portable device acceptable to Sussex Police) for the police without difficulty or delay and without charge to Sussex Police.
(g)Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable.
(h)In the event of the CCTV system hard drive being seized as evidence as part of a criminal investigation by Sussex Police or for any other reason, the premises will be expected to install a replacement hard drive or a temporary replacement drive as soon as practicable.
8. (a) An incident and refusals log will be maintained by the premises showing a detailed note of incidents and refusals that occur in the premises. The logs will be inspected and signed off by the DPS (or a person with delegated authority) at least once a week.
(b) The logbooks should always be kept on the premises and be available for inspection by authorised officers of the Licensing Authority or the police. An incident will be defined as being one which involves an allegation of a criminal offence.
(c) Any refusals made for alcohol service e.g. underage, will also be recorded (either in electronic or written form) and feedback given to staff as relevant.
(d)The logs will be kept for a minimum of twenty-four (24) months.
For Public Safety: None
For the Prevention of Public Nuisance:
9. No music or amplified sound shall be generated within the premises to give rise to nuisance within neighbouring dwellings; no music or amplified sound shall be played externally
For the Protection of Children from Harm:
10. The premises will operate a "Challenge 25" policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age. The recommended forms of ID that will be accepted are passports, official Photographic Identity Cards issued by EU states bearing a hologram or ultraviolet feature, driving licences with a photograph, photographic military ID or proof of age cards bearing the ‘PASS’ mark hologram. The list of recommended forms of ID may be amended or revised with the prior written agreement of Sussex Police, the Licensing Authority and Trading Standards without the need to amend the licence or conditions attaching to it.
11. Signage advertising the “Challenge 25” policy will be displayed in prominent locations in the premises.
12. (a) The Premises Licence Holder shall ensure that all staff members engaged or to be engaged, in selling alcohol at the premises shall receive the following induction training. This training will take place prior to the selling of such products:
*The lawful selling of age restricted products
*Refusing the sale of alcohol to a person who is drunk
*Refusing the sale of alcohol for consumption off the premises to people who may have alcohol dependency issues
(b)Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed 8 weeks, with the date and time of the verbal reinforcement/refresher training documented.
(c)All such training undertaken by staff members shall be fully documented and recorded. All training records shall be made available to Sussex Police, officers of the local authority and officers from the Trading Standards team upon request.
Annex 3 – Conditions attached after a hearing by the licensing authority
Monday 25 April 2022.
13 The premises shall not be used for deliveries
14 No beers, lagers or ciders above 5.5% ABV shall be sold at the premises
15 No spirit miniatures (below 700ml) shall be sold at the premises
16 The external areas of the premises shall be covered by CCTV
17 The external areas shall be cleared of rubbish at regular intervals by staff who shall have a clear unobstructed view through the front window to monitor congregation and the premises shall also provide refuse bins
18 All spirits shall be stored behind the sales counter
19 All alcohol shall be stored where the counter staff have a clear unobstructed view to minimise the risk of shoplifting
20. The area of the shop given over to the display of alcohol must be no more than 15%
Annex 4 – Plans
1445/3/2022/00692/LAPREN
