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 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 18years 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 holographic mark, or
an ultraviolet feature.
4. 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.
5. 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 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) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.
6. 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.
7. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph2 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.
8. (1) The responsible person must 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-
games or other activities which require or encourage, or are designed to require or encourage, individuals to-
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
drink as much alcohol as possible (whether within a time limit or otherwise);
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 in a manner which carries a significant risk of undermining a licensing objective;
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 in a manner which carries a significant risk of undermining a licensing objective;
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;
dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).
9.The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
10.The responsible person must ensure that-
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-
beer or cider: ½ pint;
gin, rum, vodka or whisky: 25 ml or 35 ml; and
still wine in a glass: 125 ml;
these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.
11. Each individual carrying out a security activity must be licensed by the Security Industry Authority.
Annex 2 - Conditions consistent with the Operating Schedule
Embedded Restrictions:
ON-LICENCES
S. 59 60 63 67A 68 70 74 76 - Licensing Act 1964
Alcohol shall not be sold or supplied except during permitted hours.
The above restrictions do not prohibit:
a) During the first twenty minutes after the above hours the consumption of the alcohol on the premises;
b) During the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
c) During the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
d) Consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
e) The ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
f) The sale of alcohol to a trader or club for the purposes of the trade or club;
g) The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
h) The taking of alcohol from the premises by a person residing there; or
i) The supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
j) The supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
Conditions Attached to Justices' ON Licence for premises known as Featherstone Rovers RLFC
1. Intoxicating liquor may be sold only on the occasion of a sporting event taking place at the premises of Featherstone Rovers RLFC, Post Office Road, Featherstone.
2. The sale and consumption of such intoxicating liquor shall be restricted to bona fide persons attending the club premises on these occasions.
3. Intoxicating liquor may also be sold and consumed at the occasion of a bona fide private function which has been previously arranged between the organisers of the function and the licensee.
Note: a bona fide private function is defined as a dinner, dance, concert, meeting, wedding celebration or any similar private function.
ON-LICENCE: NO CHILDREN’S CERTIFICATE
S.168 171 201 - Licensing Act 1964
No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(1) He is the child of the holder of the premises licence.
(2) He resides in the premises, but is not employed there.
(3) He is in the bar solely for the purpose of passing to or from some part of the premises, which is not a bar, and to or from which there is no other convenient means of access or egress.
(4) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
Operating Schedule Conditions:
1. No outside regulated entertainment shall take place at any time outside the following hours: Monday to Sunday 11.00 - 23.00 hours.
2. The designated premises supervisor shall appoint a suitably qualified and experienced noise control consultant, to the approval of the Licensing Authority, no later than 4 weeks prior to any outside event. The noise control consultant shall liaise between all parties including the designated premises supervisor, the promoter, sound system supplier, sound engineer and the Licencing Authority etc on all matters relating to noise control prior to and during the event.
3. A noise propogation test shall be undertaken at least 6 hours prior to the start of any outside event in order to set appropriate control limits at the sound mixer position. The sound system shall be configured and operated in a similar manner as intended for the event. The sound source used for the test shall be similar in character to the music likely to be produced during the event.
4. The control limits set at the mixer position shall be adequate to ensure that the Music Noise Level* (MNL) shall not at 1 metre from the facade of any noise sensitive premises exceed 75dB(A) over a 15 minute period throughout the duration of the concert of any rehearsals or sound checks for the event. (*As defined in "Code of Practice on Environmental Noise Control at Concerts" published by the Noise Council).
5. The designated premises supervisor shall ensure that the promoter, sound system supplier and all individual sound engineers are informed of the sound control limits and that any instructions from the noise control consultant regarding noise levels shall be implemented.
6. The appointed noise consultant shall continually monitor noise lvels at the sound mixer position and advixe the sound engineer accordingly to ensure that the noise limits are not exceeded. The Licensing Authority shall have access to the results of the noise monitoring at any time.
7. 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.
Informative Note:
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 then be taken to reduce the volume of the noise.
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:
) the measurement of sound when music etc is on (expressed as LAeq, 1min) does not exceed the measurement of sound (expressed as LA90, 5min) when the music is off, and
) the measurement of sound in each 1/3rd octave band between 40Hz and 160 Hz when music is on (expressed as L10, 1min) 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, 5min)
8. 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.
9. 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.
ADVISORY NOTE:
You can help facilitate patrons leaving in a quiet manner through promoting a ‘calm down’ period at the end of the night. Finish any “lively” entertainment (disco, live music, etc) about 30 minutes before the bar closes and play softer background music. Continue to sell water, soft drinks and other non-alcoholic beverages and allow customers to leave naturally.
10. 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.
11. All exit routes must be kept clear and remain free from obstruction at all times.
12. No adult entertainment shall take place on the premises.
ON-LICENCE: NO CHILDREN’S CERTIFICATE
S.168 171 201 - Licensing Act 1964
No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(1) He is the child of the holder of the premises licence.
(2) He resides in the premises, but is not employed there.
(3) He is in the bar solely for the purpose of passing to or from some part of the premises, which is not a bar, and to or from which there is no other convenient means of access or egress.
(4) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
Annex 3 - Conditions attached after a hearing by the licensing authority
1. CCTV
1.1 A tamper resistant CTV system shall be installed, maintained in working order and operated at the premises. CCTV images shall be retained for no less than 28 days.
1.2 Cameras shall be installed and located in all entry and exit points, bar/serving areas, circulation areas to enable capture of images of individuals to be of a standard which allows them to be identified.
1.3 Recordings of incidents at the premises will be made secure for inspection by the police and provided upon lawful request. This means that a member of staff shall be available within 24 hours or by prior appointment who can operate the CFTYV system and provide recordings in accordance with lawful requirements.
1.4 There shall at all times be a member of staff present who is capable of being able to use the CCTV system to assist the police, or person authorised by the Local Authority to immediately view CCTB footage.
1.5 In the event of a failure of the CCTV system, a record of the failure will be recorded immediately and steps will be made to rectify the problem.
1.6 The CCTV system will be checked by the DPS or any other nominated member of staff to ensure that it is operating correctly and such checks will be recorded and by whom they were carried out.
1.7 The management will monitor the exterior of the premises using the CCTV and use their best endeavours to disperse any persons who appear to be congregating outside the premises.
2. Training
2.1 All staff that serve alcohol shall be trained in responsible alcohol retailing prior to commencement of employment at the premises which will include effective incident management and recording, conflict management and recording, conflict management, drug awareness, underage sales and serving alcohol to drunks training.
2.2 Regular refresher training to all staff shall be undertaken on an annual basis and recorded.
2.3 All staff training shall be recorded and training records maintained and available immediately for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
3. Incident / Refusals Register
3.1 An Incident Report Register shall be maintained and kept on the premises to record all incidents involving crimes reported to the venue, anti-social behaviour, injury, ejections of patrons from the premises, any complaints received relating to the licensing objectives, any incidents of disorder and all seizures of drugs or offensive weapons. Any faults in the CCTV system, any refusal of the sale of alcohol and any visit by a relevant authority or emergency service should be recorded.
3.2 The register shall also include the details of any police officer who attends any incident, names addresses of any witnesses and confirmation as to whether there is CCTV footage of the incident. This register shall be made available for inspection by West Yorkshire Police or Local Authority Enforcement Officers immediately upon request.
3.3 The register will contain consecutively numbered pages in a bound format and include the date, time and location of the incident, details of the nature of the incident, the names of any staff involved or to whom the incident was reported and the names of any other staff involved.
3.4 The DPS or nominated manager will inspect the incident register on a weekly basis to ensure that the document is being maintained correctly. The DPS or nominated manager will sign and date any entry accordingly to verify the above.
4. DPS
4.1 The designated premises supervisor must be contactable at all times during trading hours and a register will be maintained on the premises of their contact details.
5. Door Supervisors
5.1 SIA and Approved Contractor status door supervisors shall be employed at the premises on a risk assessed basis. That risk assessment shall be recorded and made available to the Police or other authorised officer (as defined by s13 of the Licensing Act 2003) on request.
6. Notices
6.1 Clear and legible notices will be displayed at all exits and car parks requesting that patrons leave the premises quietly having regard to the needs of local residents.
7. Children
7.1 Children must be accompanied by an adult at all times.
8. Proof of Age Scheme
8.1 The premises shall adopt a proof of age scheme approved by West Yorkshire Police and West Yorkshire Trading Standards providing for proof of age for sales to persons who appear to be below the age of 25, currently referred to as 'Challenge 25'.
8.2 Signs shall be provided within the premises informing customers that sales shall not be made to persons under the age of 18 and that identification may be required in accordance with 'Challenge 25'.
Annex 4 - Plans
Please Note:
Plans have not been re-issued with this licence/certificate as they remain unchanged from the previous application. You should now attach those plans to this licence/certificate as you can be required to produce them as part of the licence/certificate by the police or other authorised person.