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(6);
(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(7).
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 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.
8. 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).
9. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
10. 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.
11. 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.
12. 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.
13. Each individual carrying out a security activity must be licensed by the Security Industry Authority.
14. 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.
15.-(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.
16. 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
Embedded Restrictions:
ON-LICENCES
S. 59 60 63 67A 68 70 74 76 - Licensing Act 1964
Permitted Hours
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
a) On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10am to 11pm.
b) On Sundays, other than Christmas Day or New Year’s Eve, 12 noon to 10.30pm.
c) On Good Friday, 12 noon to 10.30pm.
d) On Christmas Day, 12 noon to 3pm and 7pm to 10.30pm.
e) On New Year’s Eve, except on a Sunday, 11am to 11pm.
f) On New Year’s Eve on a Sunday, 12 noon to 10.30 pm.
g) On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31 December).
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.
CITY OF WAKEFIELD METROPOLITAN DISTRICT COUNCIL
CINEMAS ACT 1985
GENERAL CONDITIONS FOR PREMISES LICENSED FOR THE PUBLIC EXHIBITION OF VIDEO FILMS ONLY
INTERPRETATION:
The following expression, contained in these Conditions, shall have the following meaning:-
“Film” shall mean video works, as defined by the Video Recordings Act, 1984.
GENERAL:
1. The following Regulations shall apply, except where otherwise stated:-
a) The Cinematograph (Safety Regulations, 1955, except Regulation 3, which relates to seating requirements;
b) The Cinematograph (Children) (No. 2) Regulations, 1955;
c) The Cinematograph (Safety) Regulations, 1976; and
d) The Cinematograph (Safety) Regulations, 1982.
2. This Licence permits the public exhibition of only those films, which come within the definition of “film” described in the Interpretation Section at the commencement of these Conditions.
3. Authorised Officers of the Licensing Authority, Police Officers and Fire Service Officers in uniform and on duty must be permitted to have free access to all parts of the licensed premises at all reasonable hours, including those times when exhibitions of film are taking place.
4. A responsible person of at least 21 years of age must be present and in overall charge of the premises at all times when the Licensee is absent from the licensed premises and films are being publicly exhibited. It must be the responsibility of the Licensee to ensure that any responsible person left in charge of the premises during his or her absence is fully conversant with all Conditions of this Licence and of all relevant Regulations.
5. An authorised officer of the Fire Authority may, on giving not less than 24 hours notice to the occupier, enter the premises for the purpose of inspection and to ensure that there are adequate fire precautions and to see whether the Terms, Conditions or Regulations relating to fire precautions are being complied with.
6. No structural alterations or similar alterations must be made to or within the premises without the prior, written consent of the Licensing Authority.
FILM CENSORSHIP:
8. a) In respect of any film which has received a classified certificate from the British Board of Film Censors or the British Board of Film Classification the Licensee must ensure the film is viewed only by persons as specified in the suitability category of this certificate.
b) In respect of any films which have not received a Classification Certificate from the British Board of Film Censors or the British Board of Film Classification, no films must be exhibited except films, which if taken as a whole, are:-
i) designed to inform, educate or instruct;
ii) concerned with sport, religion or music;
iii) a video game;
iv) an event of local interest; or
v) a programme lawfully recorded for public viewing from a television broadcast exhibited by the television broadcasting authorities.
MANAGEMENT OF PREMISES FOR CHILDREN’S EXHIBITIONS:
9. a) At any public exhibition of film no child:-
i) aged under five years must be admitted at nay time of day;
ii) under the age of twelve years must be admitted after 1900 on any day;
iii) must be permitted to occupy any seat in the front row of any balcony, gallery or tier;
Unless the child is accompanied by and in the charge of a person who has reached the age of sixteen years.
b) At any exhibition of film organised wholly or mainly for children no floor, apart from the ground floor, must be used for this purpose without the written consent of the Licensing Authority.
11. Where the licence includes consent for the use of the licensed premises for exhibitions organised wholly or mainly as exhibitions for children, no such exhibitions must be given unless at least 48 hours written notice has been given to the Chief Officer of Police and Chief Fire Officer. Where these types of exhibition are given weekly, at a certain time, a general notice to that effect will be sufficient.
EXITS:
12. All passages, corridors, ramps and stairways to which the public have access must be kept free from obstruction at all times.
13. Every door in the premises for use by members of the public leaving the premises must be constructed so as to open outwards (unless the Licensing Authority are satisfied that this is impracticable in the circumstances and have given their written consent), and must be capable of being opened easily and immediately from the inside.
14. Where doors or gates across exits are allowed to open inwards with the written consent of the Licensing Authority, they must be fastened fully open so as not to form an obstruction. The closing of collapsible gates or shutters across all exit openings is prohibited whilst the public are in the premises.
15. All fastenings on exit doors, which cannot be immediately released by horizontally applied pressure, must be removed or otherwise made inoperative to the satisfaction of the Licensing Authority.
16. All exits used by the public in leaving the premises must be clearly marked with the word “EXIT”. Doors and openings, apart from exits to or from parts of the licensed premises to which the public are admitted, must be provided with notices indicating their uses or must be marked “PRIVATE” and wherever practicable must be kept locked. Where exit doors are fitted with automatic bolts they must be clearly marked with the words “PUSH BAR TO OPEN”.
SEATING:
17. Any seating in the licensed premises must be arranged to allow free access to all the exits.
STAFF:
18. The Licensee must make sure that there are sufficient numbers of properly trained staff on the premises to assist persons entering or leaving the premises.
19. Every number of staff must be instructed in the safety precautions to be observed in the premises, so far as those precautions relate to his or her duties and to the action to be taken if a fire or emergency occurs.
FIRE PRECAUTIONS:
20. The licensed premises must be provided with adequate fire appliances and with adequate safe and maintained means of exit for use by the public to the satisfaction of the Licensing Authority. The fire appliances must be maintained in good working order and must be available for instant use. The Licensee and all members of staff must be properly instructed in the protection of the premises from fire and the use of the fire appliances provided.
21. All scenery, if used, and other drapings and curtains used within the licensed premises must be made of material which is flame retardant or treated and maintained so as to be flame retardant.
22. Where any open fireplace or high temperature heating appliances are used they must be adequately protected by a suitable guard. If a central heating system operates on the premises, the heating apparatus must be placed in a separate room from the areas where films are to be exhibited. If there is a door between these areas and the room where the heating apparatus is located, the door must be self-closing and fire-resisting to a one hour standard.
Explosives, inflammable liquids or highly inflammable articles must not be brought into or used within any part of the licensed premises.
LIGHTING:
23. In all parts of the premises to which the public have access, adequate illumination by general lighting must be provided to the satisfaction of the Licensing Authority.
24. An adequate safety lighting system must be provided to enable the public to see their way out of the premises.
25. All notices and exit indications must be illuminated by both the general and safety lighting systems.
26. The safety lighting must be kept on at all times when the public are in the premises except in those parts of the building which are lighted equally well by daylight during daylight hours. This shall not apply if the safety lighting system is a maintained system, which operates automatically on the failure of the mains supply.
27. The safety lighting must be provided from a power source different from that of the general lighting.
28. Any battery supplying safety lighting must be fully charged every day before the public are admitted to the premises and must be of sufficient capacity and be maintained so as to be capable of supplying, at normal voltage, the full load of the safety lighting during the whole time that the public are on the premises.
29. If there is a failure of the general lighting and the general lighting is powered by gas, the public in the licensed premises must be instructed to leave the building immediately.
30. If there is a failure of the general lighting and the general lighting is powered by electricity, the public must be instructed to leave the premises immediately if the lighting is not restored within one hour.
31. If there is a failure of the safety lighting and the safety lighting is not powered by electricity, all parts of the premises required to be illuminated by the safety lighting must be immediately illuminated by the general lighting and the public must be instructed to leave the premises immediately.
32. If there is a failure of the safety lighting and the safety lighting is powered by electricity, all parts of the premises required to be illuminated by the safety lighting must be immediately illuminated by the general lighting and if the safety lighting is not restored within one hour the public must be instructed to leave the premises immediately.
33. Electrical apparatus and equipment must not be used for such purpose, or in such a manner, or when it is in such condition, as to cause danger or electric shock, fire or explosion
SANITATION AND VENTILATION:
34. All lavatories and urinals in the licensed premises must be kept in good order and repair at all times. The doors or doorways leading to these must be suitably marked.
35. Proper means of ventilation must be provided in the licensed premises.
GENERAL SAFETY PRECAUTIONS:
36. All carpets, mattings or other floor coverings must be securely fixed.
37. If required at any time to do so by the Licensing Authority, the Licensee or the person responsible for the licensed premises must, at his or her own expense, cause any part of the premises or any fire safety equipment, electrical wiring or apparatus or gas installation within the premises, to be inspected and tested by a competent person in the presence of, or to the satisfaction of, a Technical Officer of the Licensing Authority or of the West Yorkshire Fire Service.
38. None.
DISPENSATION OR MODIFICATION OF REGULATIONS:
39. The Council reserve to themselves the right to modify or dispense with any of these regulations (except where of statutory force) as they, at their sole discretion, may think fit in any particular case but otherwise these regulations shall remain in and be of full force and effect.
Conditions attached to Cinematograph Licence:
1. The Licensee, or other suitable person specifically nominated to the Council in writing, shall keep a record (log book) of staff fire drills and testing of equipment. The record (log book) must be initalled each week by the licensee, or other suitable person, and the record shall be open to inspection at any reasonable time by the authorised Officers of the Council and by the Fire Service.
2. The emergency lighting shall be provided from a source other than that of the general lighting and shall be tested before the commencement of each performance.
The result of testing, faults and remedial action shall be kept in a record (log book) signed on completion by the licensee or other suitable person. The record (log book) shall be kept available for inspection by authorised Officers of the Council and the Fire service.
3. All Emergency Exits to be kept clear and free from obstruction at all times.
Cinematograph (Safety) Regulations 1955 apply to this licence. Attached as an appendix.
Operating Schedule Conditions
1. 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.
2. All exit routes must be kept clear and remain free from obstruction at all times.
3. Any person on the premises who appears to be under 18 years of age attempting to purchase alcohol from the establishment shall be challenged to produce photographic evidence to ascertain their proof of age.
4. All customers will be seated in the auditorium(s).
5. Children under the age of 12 years will not be admitted to a film exhibition after 11.00pm unless accompanied by am adult.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
Please Note:
See attached plans.