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.-(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.
7. 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
CCTV System
1. CCTV must be installed and operative to the approval of the Police Licensing Officer (PLO) or the Police Architectural Liaison Officer (ALO) and cover all public areas both inside and immediately outside the premises. The CCTV unit shall be positioned in a secure part of the licensed premises and not within any private area of the location. Access to the system should be allowed immediately to the police upon request.
2. The CCTV system must be maintained so as to be fully operational and recording 24 hours every day.
3. Where the recording is on a removable medium (i.e. videotape, compact disc, flash card etc) a written record shall be kept every time images are recorded by CCTV and shall include details of the recording medium used, the time and date recording commenced and finished. This record shall identify the person responsible for the recording and shall be signed by him/her. A secure storage system to store those recording mediums shall be provided, (video systems only).
4. All images should be kept for a 31 day period and to be produced to the police, trading standards or local authority officers in relation to the investigation of crime and/or disorder issues, upon request or within 24 hours of such request.
5. There will be notices displayed throughout the premises stating that CCTV is in operation for the purpose of prevention of crime and disorder.
6. The CCTV system clock should be set correctly and maintained (taking account of GMT and BST).
7. Weekly checks are to be made to check the operation of the CCTV system and confirm it is working correctly and such checks to be recorded in a register which is to be endorsed by the person conducting the check and to contain the name of the person conducting the check, this record is to be kept fully updated at all times and remain on the premises for immediate inspection by police, trading standards or local authority licensing officers upon request.
8. The CCTV system should be fully maintained in accordance with the manufacturers/installers instructions and a record kept of the maintenance undertaken.
9. The CCTV system can be periodically inspected by the Police Licensing Officer (PLO) to ensure that it continues to function to their approval and access must be granted to the PLO upon request to facilitate such an inspection.
10. A CCTV monitor should be positioned within sight of the till area showing real time footage from all the cameras to allow the staff at the till to monitor activities both within and immediately outside the premises. This monitor should also be fully functional and operating at all times the premise is open to the public.
Incident Reports
11. An incident report register shall be maintained and kept on the premises to record all incidents involving anti-social behaviour, injury and ejections from the premises. The register will contain consecutively numbered pages in a bound format and include the date, time and location of the incident, and details of the nature of the incident and names of any other staff involved or to whom the incident was reported.
12. The register shall also include the details of any Police Officer who attends any incident, names and addresses of any witnesses and confirmation as to whether there is CCTV footage of the incident.
13. The designated premises supervisor (DPS) shall check the book once a week ensuring it is complete and up to date. The DPS will sign the book each time it is checked. This register shall be made available for inspection by the Police or Local Authority Enforcement Officers immediately upon request.
Alcohol Sales
14. A written record which shall be available for inspection by the police or officers authorised by City of Wakefield Council must be held at the premises of all persons who are authorised to sell alcohol. At least one such person is to be working at all times that alcohol is being offered for sale over the counter.
15. New staff shall receive induction training at the commencement of their employment at the premises, including drug awareness and underage sales training.
16. All persons authorised to sell alcohol will complete a recognised underage sales training programme which includes a written test/NVQ accreditation (which shall be available for inspection by the police or officers authorised by City of Wakefield Council) to verify the competency of that person.
17. Regular staff training shall be undertaken on a quarterly basis and recorded. All training shall be recorded and training records maintained and made available for inspection by the Police or Local Authority Enforcement Officers.
18. A refusals book (which shall be available for inspection by the police or officers authorised by City of Wakefield Council) shall be maintained. This shall be maintained in the same format as the incident register outlined at 11 - 13 above. The designated premises supervisor (DPS) shall check the book once a week ensuring it is complete and up to date. The DPS will sign the book each time it is checked.
Public Safety
19. The Fire Alarm and Emergency Lighting Systems are to be tested weekly and a written record of these tests is to be kept and available for inspection by an officer of the West Yorkshire Fire and Rescue Service or officers authorised by the City of Wakefield Council.
20. All exit routes must be kept clear and remain free from obstruction at all times.
Community Engagement
21. At the close of business each day the area immediately outside the premises to be cleared of any rubbish. Litter bins to be placed outside the premises and patrons encouraged to use the bins to dispose of rubbish.
22. 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 quietly.
Alcohol Delivery Service
23. ID must be produced by the person purchasing the alcohol on every occasion at the point at which the alcohol is delivered to the individual Acceptable forms of identification concerning the issue of age are PASS approved age check cards, UK driving licence and a ten year passport.
24. All delivery drivers will carry a torch, with both a standard white light for clear view of the ID and an ultra violet light for checking of UV features and holographic marks.
25. No alcohol will be supplied to anyone who is or appears to be drunk or rowdy.
26. Any refusal to supply shall be reported to the restaurant and an entry made in the Refusals Register.
27. During deliveries the delivery vehicle shall carry no more stock that that which is required for 3 pre booked home deliveries. All alcohol within the vehicle shall be secured within a separate lockable container. Other than the ordered alcohol, no other alcohol shall be sold or dispatched from the delivery vehicle.
28. All persons engaged in the delivery of alcohol will complete a recognised underage sales training programme to NVQ Level 2 accreditation (which shall be available for inspection by the police or officers authorised by City of Wakefield Council) to verify the competency of that person.
29. All persons engaged in the delivery of alcohol will complete a recognised conflict management training programme to NVQ Level 2 accreditation (which shall be available for inspection by the police or officers authorised by City of Wakefield Council) to verify the competency of that person.
30. Alcohol will only be delivered accompanying a food order. The food element of the order will not be less than 50% of the total value of the order. The total amount of alcohol to be delivered with the food will not exceed 20 units of alcoholic strength (roughly equivalent to 2 bottles of wine).
31. A consecutively numbered receipt book shall be used in respect of all alcohol sales. The original receipt shall remain at the licensed premises at which the order was taken, a copy shall remain in the delivery vehicle, and a second copy shall be made available upon delivery of the alcohol to the customer. All original receipts must be kept for a period of not less than 12 months for immediate inspection by the Police or Local Authority Enforcement Officers on request.
32. All deliveries of alcohol must be completed no later than 45 minutes beyond the time on which the last sale of alcohol is authorised upon the premise licence.
Protection of Children from Harm
33. No persons under the age of 16 shall be admitted to the premises unless they are accompanied by a person over the age of 18 years. No person under the age of 18 years shall be permitted on the premises after 23:00 hrs.
34. 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)
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 EN60804, with either windows
open for normal ventilation or closed, whichever situation causes greater noise disturbance.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.