Annex 1 - Mandatory Conditions
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 + (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.
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 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.
5. 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,
6. Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
7. (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.
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.
12. 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.
13. 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.
14. 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.
Annex 2 - Conditions consistent with the Operating Schedule
1. CCTV
1.1 A tamper-resistant CCTV system shall be installed, operated and maintained in working order at the premises.
1.2 CCTV images shall be retained for a period of no less than 28 days.
1.3 Cameras shall be installed and located at the following locations: serving areas to cover the till, the entire service counter, all service points to which the public may be given access, the entrances and exits of the premises and circulation areas so as to eliminate any blind spots.
1.4 Recordings of incidents at the premises must be made secure for inspection by the Police and provided on lawful request. This means that a member of staff shall be available within 24hrs or by prior appointment who can operate the CCTV system and provide recordings in accordance with lawful requirements.
1.5 There shall be at all times be a member of staff on site who is capable of using the CCTV system in order to assist the Police, or other person authorised by the Licensing Authority, to view any CCTV footage on immediate request.
1.6 In the event of the failure of the CCTV system for any reason, a record of that failure shall be made, together with any immediate steps to rectify the problem. The CCTV system will be checked weekly by the DPS or other nominated member of staff to ensure that it is operating correctly and such checks shall be recorded, along with the identity of the person so checking the system.
2. DPS
2.1 The Designated Premises Supervisor or duty manager must be at the premises or contactable at all times during trading hours and an up to date register be maintained on the premises of these contact details.
3. Staff Training
3.1 All staff engaged in the sale of alcohol shall receive induction training at the commencement of their employment at the premises including underage sales, operation and effect of the Wakefield PSPO, serving alcohol to drunks and child sexual exploitation.
3.2 All staff shall undergo refresher training in Responsible Alcohol Retailing on a rolling six month basis.
3.3 Such staff training records shall be kept on the premises and produced to the Police or an 'authorised person' (as defined by the LA'03) or an authorised Trading Standards Officer employed by the Council on demand.
4. Ask for Angela
4.1 All staff upon commencement of employment shall be trained in the ASK FOR ANGELA scheme. The premises shall display signage making customers aware of the safeguarding procedure as directed by the Police Licensing Team and form part of the staff training records. the premises accept that this will be subject of mystery shopper inspection to establish whether ASK FOR ANGELA is being promoted.
5. Incident/Refusals Register
5.1 An Incident Log shall be maintained and kept on the premises, to record all incidents involving:
(a) All crimes reported to the premises (where relevant to the Licensing Objectives)
(b) All ejections of patrons
(c) Any complaints received (where relevant to the Licensing Objectives)
(d) Any incidents of disorder
(e) Any faults in the CCTV system
(f) Any refusal of the sale of alcohol (e.g. suspected drunkenness, underage or proxy sale)
(g) Any visit by a relevant authority or emergency services, noting the time, day, date and identify of any visitors by name.
5.2 The register shall also include the details of any Police Officer who attend any incident, names and addresses of any witness, and confirmation as to whether there is CCTV footage of the incident. The register shall be made available for inspection by West Yorkshire Police or Local Authority Enforcement Officers immediately upon request.
5.3 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 an entry accordingly to verify the above.
6. Security
6.1 The Premises Licence Holder shall ensure that there is an adequate risk assessment in place (in writing) which addresses the need for door supervision at the premises on Friday, Saturdays, and Sundays before Bank Holidays after 21:00hrs, and at any times where an arranged event which increases capacity. The assessment shall require the Premises Licence Holder to provide additional door supervision, sufficient to control the entry of persons to premises and for the keeping of order in the premises when they are used for licensable activity, in accordance with that risk assessment.
7. Radio
7.1 At least one working Nite Net/CCTV Radio shall be used during trading hours.
8. Restaurant
8.1 The restaurant will operate only as a restaurant with sales of alcohol being ancillary to a table meal.
8.2 There will be a minimum number of 40 seats for diners maintained within the area labelled the Front Restaurant at any time.
8.3 There will be a minimum number of 40 seats for diners maintained within the area labelled the Back Restaurant at any time.
9. Function Room
9.1 The Function Room shall be used for pre-booked functions only.
10. Open Bottles and Vessels
10.1 No open bottles or vessels shall be permitted entry to the premises at any time during trading hours.
10.2 No customers shall be permitted to take open bottles or vessels beyond the boundary of the premises at any time during trading hours.
11. Notices
11.1 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.
12. Challenge 25
12.1 The premises shall adopt a proof of age scheme approved by West Yorkshire Police and West Yorkshire Trading Standards providing proof proof of age for sales to persons who appear to be below the age of 25.
12.2 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.
13 Incident Training/First Aid
13.1 All staff shall receive incident management training and receive refresher training on a 6 monthly basis.
13.2 All staff training shall be recorded and training records maintained and available, upon request, for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
13.3 At least one suitably trained first aider who is responsible for first aid shall be on duty when the public are present and there shall be a notice clearly identifying the first aider. For the avoidance of any doubt, ‘suitably trained first aider’ means that the individual has obtained a qualification in first aid and that the provider of this training and qualification is approved by West Yorkshire Police.
13.4 If more than one suitably trained first aider is present at the premises, their respective duties should be clearly defined.
13.5 The licensee shall ensure that there is an adequate and appropriate supply of first aid equipment and material at the premises.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.