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.
Annex 2 - Conditions consistent with the Operating Schedule
1. CCTV
1.1 The premises shall install and maintain a CCTV system as per the minimum requirements of the West Yorkshire Police licensing department, current Home Office guidelines and in line with the Information Commissioners Office current CCTV Code of Practice. The CTV system shall have sufficient storage capacity to store a minimum of 31 days footage and record images at 7-12 frames per second. Advisory note - The CCTV system must be registered with Information Commissioners Office to ensure compliance with the Data Protection Act 1998.
1.2 Cameras shall be installed and located at the following locations; main entrance/exit, external drinking areas/smoking area, bar serving area, circulation areas, seating area and toilet access points to enable the capture of images of individuals to a minimum of 'recognising' as defined in the Information Commissioners current CCTV Code of Practice. The CCTV system shall be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premise at each exit and entrance point.
1.3 All elements of the CCTV system must be maintained in good working order and recordings date and time stamped.
1.4 Staff shall be trained in the effective and timely operation of the CCTV system to ensure rapid data retrieval and downloads of the footage can be provided to the Police and Local Authority officers upon reasonable request and in accordance with the Data Protection Act.
1.5 CCTV shall be active during licensed hours and at least one member of staff who is trained in downloading from the system must be on the premises during trading hours.
1.6 In the event of a failure of the CCTV system for any reason, a record of the failure will be recorded in the premises' incident book and immediate steps will be taken to rectify the problem.
1.7 CCTV recordings shall be made available, in downloadable and operable format, to the Police or an authorised officer (as defined by s13 of the Licensing Act 2003) upon reasonable request, and/or in any event within 24 hours of any request being made by the above mentioned officer(s).
2. Training
2.1 All staff that serve alcohol shall be trained in responsible alcohol retailing prior to commencement of employment at the premises which will include effective incident management and recording, conflict management and recording, conflict management, drug awareness, underage sales and serving alcohol to drunks training.
2.2 Regular refresher training to all staff shall be undertaken on an annual basis and recorded.
2.3 All staff training shall be recorded and training records maintained and available immediately for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
3. Incident / Refusals Register
3.1 An Incident Report Register shall be maintained and kept on the premises to record all incidents involving crimes reported to the venue, anti-social behaviour, injury, ejections of patrons from the premises, any complaints received relating to the licensing objectives, any incidents of disorder and all seizures of drugs or offensive weapons. Any faults in the CCTV system, any refusal of the sale of alcohol and any visit by a relevant authority or emergency service should be recorded.
3.2 The register shall also include the details of any police officer who attends any incident, names addresses of any witnesses and confirmation as to whether there is CCTV footage of the incident. This register shall be made available for inspection by West Yorkshire Police or Local Authority Enforcement Officers immediately upon request.
3.3 The register will contain consecutively numbered pages in a bound format and include the date, time and location of the incident, details of the nature of the incident, the names of any staff involved or to whom the incident was reported and the names of any other staff involved.
3.4 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 any entry accordingly to verify the above.
4. DPS
4.1 The designated premises supervisor must be contactable at all times during trading hours and a register will be maintained on the premises of their contact details.
5. Door Supervisors
5.1 SIA and Approved Contractor status door supervisors shall be employed at the premises on a risk assessed basis. That risk assessment shall be recorded and made available to the Police or other authorised officer (as defined by s13 of the Licensing Act 2003) on request.
6. Notices
6.1 Clear and legible notices will be displayed at all exits and car parks requesting that patrons leave the premises quietly having regard to the needs of local residents.
7. Noise
7.1 Noise and vibration shall not emanate from the premises so as to cause a nuisance.
7.2 The premises licence holder or DPS must immediately comply with any request to adjust noise levels/frequency spectra made by and authorised person (as defined by s13 of the Licensing Act 2003) or the Police.
7.3 Noise from amplified and non-amplified music, singing and speech arising from regulated entertainment [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: Licensees are advised to carry out a simple "sound check" outside and or to the side of 25 Marine Villa Road, Knottingley, WF11 8ER by listening to the music etc. coming from the regulated entertainment. If the music (including lyrics, instruments and bass noise) is clearly audible then it is likely that this condition is being breached and steps should be taken to reduce the volume of the noise.
7.4 Noise arising from regulated entertainment shall be monitored at least once every hour by the licensee or their representative, at positions adjacent to 25 Marine Villa Road, Knottingley, WF11 8ER. If the noise is clearly audible at the monitoring position, the licensee or their representative shall take action to reduce the level of the noise from regulated entertainment. A written log shall be kept of the monitoring, including; the date and time when the monitoring took place, the name of the person carrying out the monitoring, the monitoring location, a description of the noise from the premises (if any), and a description of any remedial action taken. The log shall be retained for a minimum period of 12 months and shall be made available for inspection by persons and Officers authorised under the Licensing Act 2003.
7.5 All external doors (including fire exit doors and patio 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.
7.6 No speaker used to relay amplified music, singing and speech 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 or windows.
7.7 External areas of the premises (beer gardens, patios etc.) shall not be used by customers for the consumption of drinks or smoking purposes between the hours of 22:00 and 07:00. During these times the Licensee or their representative shall direct patrons to use the front of the premises adjacent to Marine Villa Road, Knottingley, WF11 8ER.
7.8 Prominent, clear notices shall be displayed at all exits, in beer gardens and patio areas requesting customers and staff to respect the needs of local residents and leave the premises area quickly and quietly.
8. Children
8.1 Children under 16 years of age shall only be allowed in the concert room and lounge of the premises if accompanied by an adult.
8.2 All children under 18 years of age must leave the premises by 23.00hrs.
9. Proof of Age Scheme
9.1 The premises shall adopt a proof of age scheme approved by West Yorkshire Police and West Yorkshire Trading Standards providing for proof of age for sales to persons who appear to be below the age of 25, currently referred to as 'Challenge 25'.
9.2 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 in accordance with 'Challenge 25'.
10. Boxing Events
10.1 All arranged boxing events will be conducted through the Amateur Boxing Association of Great Britain.
10.2 All boxing event will include an appropriate Event Management Plan
11. Event Management Plan
11.1 The Licence holder shall ensure that when any events take place all Responsible Authorities are notified no less than 3 calendar months in advance. There shall be a Risk Assessment carried out for each event, which must consider all four Licensing Objectives on any potential impact.
11.2 The Licence Holder shall ensure an Event Management Plan (EMP) will be produced no less than 3 months prior to the event and will be submitted to all responsible authorities.
11.3 The EMP will be a working document providing details of how the event is to be conducted and how safety issues, identified in the event risk assessment, are to be addressed. The EMP will include an event risk assessment and provide specific details on the following (but not exclusive) areas:
Health and Safety Responsibilities
Venue and Site Design
Staff Training
CCTV
Fire Safety
Major Incident Planning (Emergency planning)
Communication
Crowd Management (including steward and security numbers and their roles)
Transport
Management Structures
Barriers
Electrical Installations and Lighting
Food and Alcohol
Water
Merchandising and Special Licensing
Amusements,
Attractions and Promotional displays
Sanitary Facilities
Waste Management
Sound: Noise and Vibration
Special Effects, Fireworks and Pyrotechnics
Camping
Facilities for People with disabilities
Medical, Ambulance and First Aid Management
Information and Welfare
Children - including Lost Children's Policy
Performers
TV and Media
11.4 The Licence holder shall ensure that security staff and door supervisors in accordance with the EMP are on site during any event to prevent public disorder and establish crowd control measures.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.