Annex 1 - Mandatory Conditions
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,
Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
Each individual carrying out a security activity must be licensed by the Security Industry Authority.
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.
Annex 2 - Conditions consistent with the Operating Schedule
Embedded Restrictions:
OFF LICENCES AND OFF SALES DEPARTMENTS OF ON-LICENSED PREMISES
S.60 63 86 - 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 taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;
b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
c) the sale of alcohol to a trader or club for the purposes of the trade or club;
d) 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;
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.
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. CCTV shall be used on the premises. Cameras shall be kept in full working order and recordings shall be retained for a period of time in accordance with local authority advice.
2. Children under 18 years of age shall be accompanied on the premises by an adult.
3. Children shall leave the premises at or before 19:00.
4. Additional sound insulation is provided to the Stardust bar in the form of:-
a) acoustic baffles are provided to the air vents in the roof.
b) insulation is provided to the large windows overlooking the car park, by way of secondary glazing or by block filling and plastering.
c) a suitable inner lobby is constructed to the entrance door of the Stardust Bar to prevent noise outbreak when patrons are entering and leaving the building.
d) the fire exit door is replaced with a close fitting door and frame to prevent noise outbreak.
5. 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:
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, 1min) does not exceed the measurement of sound (expressed as LA90, 5min) when the music is off, and
b) 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 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 then be taken to reduce the volume of the noise.
6. 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.
7. All external doors (including fire-exit doors and patio doors) to the premises shall not be propped open during the course of regulated entertainment. Fire exit doors to be only used in case of emergencies.
8. 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 intentionally directed through external doors, windows or other openings in the structure.
9. All amplified music, singing and speech provided as part of the regulated entertainment shall be played through a sound amplification system incorporating a sound limiting device that has been installed and set to the express satisfaction of the Responsible Authority for Public Nuisance ( Wakefield MDC’s Environmental Protection Team). The sound limiting device shall be retained and maintained throughout the life of the license and no alteration to the approved setting shall be made without the express approval of the Responsible Authority.
10. Prominent, clear notices shall be displayed at all exits and in the car park requesting that customers and staff to respect the needs of local residents and when using external areas and leave the area quietly.
11. All external areas of the premises (patio, front entrance area and alleyway outside the stardust bar) must not be used for the consumption of alcohol between 22:00 and 9:00.
12. The disposal of waste bottles into external receptacles shall not take place between the hours of 22:00 and 9:00.
13. All refuse (including waste bottles) receptacles shall be kept locked except when waste is being deposited in, or emptied out of the receptacle.
14. All refuse including waste bottles shall be kept in a secure storage area that is obscured from view of pedestrians.
15. At the end of business everyday/night the pavement to the frontage and sides of the premises shall be cleared of litter 9 including cigarette stubs) and waste and cleansed of any urine, vomit or similar fouling.
16. The opening time in the two front lounge bars is limited to 10:00am to 12:30 as per the previous License.
17. The supply of alcohol and regulated entertainment by way of recorded music only is limited to 10:00 while midnight in the two front bars.
18. No adult entertainment shall take place on the premises.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.