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.
Annex 2 - Conditions consistent with the Operating Schedule
1. CCTV
1.1 The premises shall install and maintain a CCTV system as per Home Office guidelines. The CCTV system shall have sufficient storage capacity to store a minimum of 31 days footage and record images at 7-12 frames per second (FPS).
1.2 Cameras shall be installed and located in all entry and exit points, bar/serving areas. This will enable the capture of images of individuals to be of a standard which allows them to be identified (as defined in the Information Commissioners Office current “CCTV code of practice”).
1.3 All elements of the CCTV system must be maintained in good working order, recording shall be kept in date order and retained for a period of at least 31 days.
1.4 Staff shall be trained in the operation of the CCTV system to ensure rapid data retrieval & downloads of footage can be provided to the police and local authority officers on demand;
1.5 CCTV shall be active during licensable 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 made to rectify the problem. The premises CCTV system will be checked by the DPS or any other nominated member of staff to ensure that it is operating correctly and such checks to be recorded and by whom.
(Advisory Note:-The CCTV System must be registered with Information Commissioners Officer (ICO) to ensure compliance with the Data Protection Act 1998 (DPA).
2. Incident/Refusals Register
2.1 An Incident Report / Refusals Register shall be maintained and kept on the premises to record all incidents at the premises. The register will contain consecutively numbered pages in a bound format or an electronic register and include the date, time and location of the incident, details of the nature of the incident and names of staff involved or to whom the incident was reported. The register shall also include the details of any police officer who attends any incident, names and 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;
2.2 The management / DPS shall inspect and sign the Incident Report / Refusals Log monthly, to ensure that it is being properly maintained.
3. Training
3.1 New staff shall receive induction training at the commencement of their employment at the premises, including security awareness, underage sales training and selling to drunks; Existing staff shall also be subjected to the same level of training;
3.2 Staff refresher training shall take place on a twelve monthly basis;
3.3 All staff training shall be recorded and training records maintained and available for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
4. DPS
4.1 The Designated Premises Supervisor or a personal licence holder must be contactable at all times during trading hours and a register be maintained on the premises of their details.
5. Proof of Age
5.1 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. 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;
5.2 The only forms of valid identification to be accepted being a passport, photo driving licence, PASS hologram ID card or Her Majesty’s Forces Warrant Card. Failure to supply such ID will result in no sale or supply of alcohol to that person.
6. The cash tills used for the sale of alcohol to have the benefit of an electronic 'prompt' for operators in respect of age restricted sales.
7. Outdoor Musical Festivals
7.1 The Licensee shall ensure that a suitably qualified and experienced Noise Control Consultant (NCC) is appointed to manage and control noise from outdoor music festivals. The NCC shall liaise between all parties including the Licensee/Event Organiser/Sound System Supplier and Engineer and the Local Authority Community Protection Team on all matters relating to noise.
7.2 A Noise Management Plan, developed in line with current relevant legislation and guidance shall be produced for outdoor music festivals and submitted to the Local Authority for assessment and approval at least 12 weeks before the event.
7.3 Outdoor music festivals shall occur on no more than 5 days in any 12-month period.
7.4 The playing of amplified/live music at an outdoor music festival shall only take place between the hours of 1200 and 2100 hours.
These four conditions only relate to any outdoor music festivals and excludes The Pumpkin Festival, Accelerate Car Show, Festival @ the Farm, The Circus, Food Festival and Cider Festivals.
Annex 3 - Conditions attached after a hearing by the licensing authority
1. The Licence Holder shall ensure sound checks are undertaken every hour at all times live or recorded music is taking place at a marquee event and keep a record of the sound checks.
Annex 4 - Plans
See attached plans.