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.
12. 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:
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.
Operating Schedule Conditions
1. CCTV system to a specification requirement of West Yorkshire Police as per Home Office guidelines will be installed and utilized at the premises with sufficient storage capacity to store the previous 31 days footage. Staff will be trained in the use of the system to ensure rapid data retrieval and download when required by Police or Local Authority Enforcement Officers. CCTV to be active on a 24hr basis and at least one member of staff, who is trained in downloading from the system, is on the premises when it is open.
2. New staff shall receive induction training at the commencement of employment. Regular staff training and re training shall be undertaken and recorded. Staff training records shall be maintained for inspection by West Yorkshire Police and Local Authority Enforcement Officers. This training must include drug awareness training and underage sales training.
3. A proof of age scheme approved by West Yorkshire Police and West Yorkshire Trading Standards will be in operation and signs provided informing customers that sales will not be made to persons less than 18 years of age and identification may be required. A “21”proof of age system will be adopted.
4. The DPS will ensure that an Incident Report Register is maintained on the premises to record incidents such as anti social behaviour, and ejections from the premises. The register will contain consecutively numbered pages in a bound format, the date, time and location of the incident, details of the nature of the incident, the names and SIA badge numbers of any door staff involved or to whom the incident was reported, the names and personal licence numbers (if any) of any other staff involved or to whom the incident was reported, the names and numbers of any police officers attending, names and addresses of any witnesses and confirmation of whether there is CCTV footage of the incident.
5. The Incident Report Register will be produced immediately for inspection on request by a police officer or council enforcement officer.
6. DPS or personal licence holder will be on site and contactable at all times the premises are open and a register maintained on site of their details.
7. SIA/approved contractor status door supervisors shall be employed at the premises. Door staff to be used on Tuesday evenings Fridays and Saturdays, all Public Bank Holidays, Sundays before all Public Bank Holidays and New Years Eve ,Christmas Eve and where relevant events dictate.
8. Premises to be a member of the local Pubwatch scheme and must send a representative to attend the meetings.
9. No children should be allowed on the premises after 8pm
10. No customers apparently carrying open bottles upon entry shall be admitted to the premises at any time the premises are open to the public.
11. No customers will be allowed to take from the premises open bottles or vessels.
12. No adult entertainment shall take place on the premises.
13. Nite Net /CCTV radio to be used when the premises are open.
14. A drug safe for use by staff will be fitted in a secure location out of reach of access by the public and to which only premises management shall have access will be used on the premises.
Annex 3 - Conditions attached after a hearing by the licensing authority
1. A radio link will remain in place between Heaven and CCTV control room and Pontefract Police Station.
2. CCTV recordings will be on hard drive and kept for a minimum of 30 days.
3. Challenge 21 policy will be adopted and appropriate signs will be displayed on the premises.
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.