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.
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.
In this condition, permitted hours means:
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;
S.164 - Licensing Act 1964
Alcohol shall not be sold in an open container or be consumed in the licensed premises.
S. 59 60 63 67A 68 70 74 76 - Licensing Act 1964
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
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. 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.
2. All exit routes must be kept clear and remain free from obstruction at all times.
3. Children
3.1 Children under the age of 18 years shall be allowed to enter the premises when accompanied by a responsible adult only on Sundays when Featherstone Rovers are playing at home. Such children shall be allowed on the premises from two hours before the scheduled kick off time, but shall not be allowed on the premises once the game has commenced.
For the avoidance of doubt, if the scheduled kick off time is delayed, the new kick off time shall be used to calculate the permitted hours for children, as outlined in this condition, to be on the premises.
3.2 Children under the age of 18 shall be allowed to enter and remain in the outside area of the premises when accompanied by an appropriate adult until 1900hrs daily. Such children shall not be allowed to enter inside the premises.
3.3 Other than circumstances as outlined at 3.1 and 3.2 above, children under the age of 18 years will not be allowed to enter or remain on the premises at any time.
4. CCTV system to a specification requirement of West Yorkshire as per Home Office guidelines will be installed and utilised 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 24 hour basis and at least one member of staff, who is trained in downloading from the system, is on the premises when it is open for immediate CCTV footage retrieval.
5. 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.
6. 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 25 proof of age system will be adopted.
7. 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. All incidents and crimes MUST be recorded.
8. The register will contain consecutively numbered pages in a bound format, the date, time and location of the incident, and details of the nature of the incident as 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.
9. The Incident Report Register will be produced immediately for inspection on request by a police officer or council enforcement officer.
10. DPS or nominated deputy who shall be a personal licence holder will be on site or contactable at all times and a register maintained on site of their details.
11. Premises to be a member of the local Pubwatch scheme and must send a representative to attend the meetings where such a pubwatch scheme exists.
12. No customers apparently carrying open bottles or vessels upon entry shall be admitted to the premises at any time the premises are open to the public.
13. No customers will be allowed to take from the premises open bottles or vessels.
14. No adult entertainment shall take place on the premises.
15. Noise from amplified and non-amplified music, singing and speech arising from regulated entertainment at the premises between the house 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 be taken to reduce the
volume of the noise.
16. 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 after the hours of 1900 hours.
17. 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 directed through external doors, windows or other openings in the structure.
18. The disposal of waste bottles into external receptacles shall not take place between the hours of 2200 and 0900 hours.
19. The external refuse and waste bottle receptacles and the surrounding storage area shall be cleansed on a weekly basis.
20. At the end of business every night the pavement to the frontage of the premises shall be cleared of litter and waste and cleansed of any urine, vomit or similar fouling
21. All external lighting shall be directed so as not to cause intrusive illumination or glare to neighbouring residents.
22. External areas of the premises (beer garden) shall not be used by customers between the hours of 22:00 and 10:00 Monday to Sunday.
23. In order to address concerns with street fouling and anti-social behaviour, I would recommend that the following advisory note be attached to any licence granted.
ADVISORY NOTE
You can help to reduce crime, disorder and public nuisance if you promote a ‘calm down’ period at the end of the night. Finish any ‘lively’ entertainment (disco, karaoke, live music etc) about 30 minutes before the bar closes and play quieter background music. Continue to sell water, soft drinks and other non-alcoholic beverages and allow customers to leave naturally.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
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.