Annex 1 - Mandatory Conditions
1. No supply of alcohol may be made under this Premises Licence:
a) at a time there is no designated premises supervisor in respect of the premises licence and,
b) at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended and,
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 responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.
4. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
5. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
6. The admission of children to an exhibition of a film where the film classification body or this Council has determined the classification must be restricted in accordance with that classification. The film classification body is the British Board of Film Classification. In this condition children means persons under 18 years of age.
Films must be classified in the following way:
U - Universal. Suitable for audiences aged four years and over.
PG - Parental Guidance. Some scenes may be unsuitable for young children.
12A - Passed only for viewing by persons aged 12 years or older or persons younger than 12 when accompanied by an adult.
15 - Passed only for viewing by persons aged 15 years and over.
18 - Passed only for viewing by persons aged 18 years and over.
7. Immediately before each exhibition at the premises of a film passed by the British Board of Film Classification there shall be exhibited on screen for at least five seconds in such a manner as to be easily read by all persons in the auditorium a reproduction of the certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the classification of the film.
8. Where a programme includes a film recommended by the licensing authority as falling into the 12A, 15 or 18 category no person appearing to be under the age of 12 and unaccompanied, or under 15 or 18 as appropriate, shall be admitted to any part of the programme; and the licence holder shall display in a conspicuous position a notice in the following terms:
PERSONS UNDER THE AGE OF [INSERT APPROPRIATE AGE] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME.
Where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction. This condition does not apply to members of staff under the relevant age while on-duty provided that the prior written consent of the person's parent or legal guardian has first been obtained.
9. Each individual carrying out a security activity must be licensed by the Security Industry Authority.
10. A record shall be kept of the names and registration number of such persons and this record shall include the circumstances including full details of all events that take place during their period of duty.
11.-(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) 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 a holographic mark.
12. The responsible person shall ensure that-
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-
(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures.
Annex 2 - Conditions consistent with the Operating Schedule
1. At the end of business every day/night, the pavement to the frontage (and sides) of the premises shall be cleared of litter and waste and cleansed of any urine, vomit or similar foulings.
2. The Fire Alarm and Emergency Lighting Systems are to be tested weekly and a written record of these tests is to be kept. Any faults identified and the relevant actions taken to rectify them are to be noted in the record.
3. All exit routes must be kept clear and remain free from obstruction at all times.
4. Prominent, clear notices shall be displayed at all exits requesting customers and staff to respect the needs of local residents and leave the premises and area quickly and quietly.
5. The premises shall maintain a refusals log book and keep the log fully up to date with reference to recording those suspected of being under the age of 18.
Annex 3 - Conditions attached after a hearing by the licensing authority
1. CCTV system to a specification requirement of West Yorkshire as per Home Office guidelines will be installed and utilised at the premises
with sufficient storage capacity to store the previous 31 days’ footage. Staff will be trained in the use of the system to ensure rapid data retrieval
and download when required by Police or Local Authority Enforcement Officers. CCTV to be active on a 24 hour basis and at least one member
of staff, who is trained in downloading from the system, is on the premises when it is open for immediate CCTV footage retrieval.
2. New staff shall receive induction training at the commencement of employment. Regular staff training and re-training shall be undertaken and recorded. Staff training records shall be maintained for inspection by West Yorkshire Police and Local Authority Enforcement Officers. This training must include drug awareness training and underage sales training.
3. A proof of age scheme approved by West Yorkshire Police and West Yorkshire Trading Standards will be in operation and signs provided informing customers that sales will not be made to persons less than 18 years of age and identification may be required. A ‘21’ proof of age system will be adopted.
4. The DPS will ensure that an Incident Report Register is maintained on the premises to record incidents such as anti-social behaviour, and ejections from the premises. All incidents and crimes MUST be recorded.
5. The register will contain consecutively numbered pages in a bound format, the date, time and location of the incident, details of the nature of the incident, the names and SIA badge numbers of any door staff involved or to whom the incident was reported, the names and personal licence numbers (if any) of any other staff involved or to whom the incident was reported, the names and numbers of any police officers attending, names and addresses of any witnesses and confirmation of whether there is CCTV footage of the incident.
6. The Incident Report Register will be produced immediately for inspection on request by a police officer or council enforcement officer.
7. DPS or Personal Licence Holder will be on site and contactable at all times when the premises are open for licensable activities.
8. SIA/approved contactor status door supervisors shall be employed at the premises. Door staff to be used from 7pm until closing on Monday evenings, Fridays and Saturdays, all Public Bank Holidays, Sunday before all Public Bank Holidays and New Year’s Eve and where relevant events dictate as referred to in Condition 15 below. Any events should be notified to the Police Licensing Department, with at least 7 days’ notice, who will then make a decision on whether there is a need for door staff and the quantity required.
9. Periodic employment of female Door Supervisors shall be evidenced in the Door Supervisors register.
10. Premises to be a member of the local Pubwatch scheme and must send a representative to attend the meetings.
11. No children should be allowed on the premises after 8pm.
12. No customers apparently carrying open bottles or vessels upon entry shall be admitted to the premises at any time the premises are open to the public.
13. No customers will be allowed to take from the premises open bottles or vessels.
14. No adult entertainment shall take place on the premises.
15. At any time when advertised events for the wider public are planned written notice must be served upon the Police Licensing Department no less than 14 consecutive days prior to the scheduled event. This notice should include a full risk assessment, numbers expected, what age and social disposition the event is likely to appeal to, security measures in place, including number of door staff, details of any promoters including their stage name, real name and date of birth and details of acts performing. West Yorkshire police will have the authority to reject, on notice, any such written notice and cancel the proposed event should there be evidence to show a genuine risk to public safety and/or crime and disorder. Such notice shall be given to the Premises Licence Holder within no less than 10 consecutive days prior to the proposed event days
16. West Yorkshire Police will have the authority to reject any such written notice and cancel the proposed event should there be evidence to show a genuine risk to public safety and/or crime and disorder. West Yorkshire Police shall provide written notice to the Premises Licence Holder of any such cancellation within no less than 10 consecutive days prior to the proposed event.
17. Polycarbonate drinking vessels shall be used for events as described in paragraph 15.
18. Nite Net radio to be used when the premises are open.
19. All building, refurbishment, or other similar work taking place must comply with the Secure by Design concept. Close liaison must be sought from the Police Architectural Liaison Officer before any building work takes place. This work must be agreed and signed off by the Police Architectural Liaison Officer before licensable activities may take place at the premises.
20. The DPS will attend the local Drug awareness course and the DPS course run by Wakefield College as soon as is reasonably practicable. Evidence of these qualifications will be kept on the premises and will be made available to the Police or Local Authority officers on demand.
21. Capacity restrictions to be set by the licensing committee, taking into consideration the recommendations of WMDC Building Control and the Fire Service, i.e. stage in use: 220 persons, stage not in use: 300.
22. A drug safe will be used on the premises by staff. It will be fitted in a secure location at the premises, out of reach of access by the public and to which only premises management shall have access.
23. The proposed capacity shall not exceed 150 persons excluding staff and performers.
24. No licensable activities shall take place until all relevant planning consents and conditions have been obtained and satisfied, building works have been completed to the satisfaction of WMDC Building Control and a completion certificate has been issued by them to confirm compliance with all building regulations and that the building is fit for purpose and safe for use by the general public.
25. Food shall be available at all times that the premises are open, such food must be prepared on the premises.
26. The ground floor must be equipped with seating for at least 50 people at all times.
27. The upper floor to the premises may only be used for licensable activities for private pre-booked functions only.
28. Noise from amplified and non-amplified music, singing and speech arising from regulated entertainment at the premises between the hours of 23:00 and 07:00 shall not be audible inside habitable rooms of noise sensitive properties in the vicinity.
For the purpose of providing an objective standard to assess whether this condition is being complied with or not, noise shall be considered not to be audible if:
(a) the measurement of sound when music etc is on (expressed as LAeq, 1 min) does not exceed the measurement of sound (expressed as LA90, 5 min) when the music is off, and
(b) the measurement of sound in each 1/3rd octave band between 40Hz and 160Hz when music is on (expressed as L10, 1 min) does not exceed the measurement of sound in the same 1/3rd octave bands between 40Hz and 160Hz when the music is off (expressed as L90, 5 min).
All measurements to be taken within the habitable room normally occupied at the time in question, using a Type 1 integrating-averaging sound level meter compliant with BS EN 60804, with either windows open for normal ventilation or closed, whichever situation causes greater noise disturbance.
Licensees are advised to carry out a simple ‘sound check’ outside the nearest noise sensitive property by listening to the music etc coming from regulated entertainment. If the music etc is clearly audible then it is likely that this condition is being breached. Steps should be taken to reduce the volume of the noise.
29. All external doors and windows to the room/s where regulated entertainment is being provided shall remain closed during the course of the entertainment, other than for normal access and egress.
30. No speaker used to relay amplified music, singing and speech provided as part of the regulated entertainment shall be positioned outside the building structure of the premises, nor shall any speaker be positioned internally such that the sound is directed through external doors, windows or other openings in the structure.
31. The disposal of waste bottles into external receptacles shall not take place between the hours of 2200 and 0900 hours.
32. The exterior of the premises shall not be used for the consumption of food or drink after midnight.
Annex 4 - Plans
See attached plans.