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.
13. Immediately before each exhibition at the premises of a film passed by the British Board of Film Classification there shall be exhibited on screen for at least five seconds in such a manner as to be easily read by all persons in the auditorium a reproduction of the certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the classification of the film.
14. Where a programme includes a film recommended by the licensing authority as falling into the 12A, 15 or 18 category no person appearing to be under the age of 12 and unaccompanied, or under 15 or 18 as appropriate, shall be admitted to any part of the programme; and the licence holder shall display in a conspicuous position a notice in the following terms:
PERSONS UNDER THE AGE OF [INSERT APPROPRIATE AGE] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME.
Where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction. This condition does not apply to members of staff under the relevant age while on-duty provided that the prior written consent of the person's parent or legal guardian has first been obtained.
15. The admission of children to an exhibition of a film where the film classification body or this Council has determined the classification must be restricted in accordance with that classification. The film classification body is the British Board of Film Classification. In this condition children means persons under 18 years of age.
Films must be classified in the following way:
U - Universal. Suitable for audiences aged four years and over.
PG - Parental Guidance. Some scenes may be unsuitable for young children.
12A - Passed only for viewing by persons aged 12 years or older or persons younger than 12 when accompanied by an adult.
15 - Passed only for viewing by persons aged 15 years and over.
18 - Passed only for viewing by persons aged 18 years and over.
Annex 2 - Conditions consistent with the Operating Schedule
1. CCTV
1.1 A CCTV system to a specification required by West Yorkshire Police and in accordance with current Home Office Guidelines be installed and utilised at the premises with a sufficient storage capacity to store a minimum of 31 days footage;
1.2 Equipment shall be operated and maintained in good and clear working order and recordings shall be kept in date order, numbered and retained for a period of at least 31 days, or as otherwise recommended by the police;
1.3 Staff shall be trained in the use of the system to ensure rapid data retrieval and download when required by Police or Local Authority Enforcement Officers;
1.4 CCTV shall be active on a 24 hour basis and at least one member of staff who is trained in downloading from the system shall be on the premises during trading hours.
2. Training
2.1 New staff shall receive induction training at the commencement of their employment at the premises, including drug awareness and underage sales training, selling alcohol to drunks and responsible alcohol retailing training;
2.2 Regular staff refresher training shall be undertaken periodically and recorded, staff refresher training shall take place on a monthly basis and be recorded;
2.3 The Designated Premises Supervisor must have completed a drug awareness course and the Designated Premises Supervisor course, the provider of this course must be approved by West Yorkshire Police;
2.4 All persons responsible for the management of the premises, including the Designated Premises Supervisor and Supervisors, shall attend and complete the BIIAB Award in Conflict Management Course. This training shall be cascaded to all staff at the venue so that all staff at the premises receive conflict management training;
2.5 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. Challenge 25
3.1 The premises shall adopt a proof of age scheme approved by West Yorkshire Police and West Yorkshire Trading Standards providing for proof of age sales to persons who appear to be below the age of 25;
3.2 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.
4. Incident Register
4.1 An Incident Report Register shall be maintained and kept on the premises to record all incidents involving anti-social behaviour, injury and ejections from the premises;
4.2 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 and SIA badge numbers of any door staff involved or to whom the incident was reported to and names of any other staff involved or to whom the incident was reported;
4.3 The register shall also include the details of any police officer who attend any incident, names and addresses of any witnesses and confirmation as to whether there is CCTV footage of the incident;
4.4 This register shall be made available for inspection by West Yorkshire Police or Local Authority Enforcement Officers immediately upon request.
5. Designated Premises Supervisor
The Designated Premises Supervisor or a personal licence holder must be at the premises and contactable at all times during trading hours and a register be maintained on the premises of their details.
6. First Aid
6.1 At least one suitably trained first aider who is responsible for first aid shall be on duty when the public are present and there shall be a notice clearly identifying the first aider. For the avoidance of doubt, 'suitably trained first aider' means that the individual has obtained a qualification in first aid and that the provider of this training and qualification is approved by West Yorkshire Police;
6.2 If more than one suitably trained first aider present at the premises, their respective duties should be clearly defined;
6.3 The Licensee shall ensure that there is an adequate and appropriate supply of first aid equipment and material at the premises.
7. Door Supervisors
7.1 SIA and Approved Contractor status door supervisors shall be employed at the premises and shall be on duty at all times after 8pm until the premises are closed on Fridays, Saturdays, Sundays before Bank Holidays and all Bank Holidays;
7.2 There shall be a minimum number of two door supervisors, when there is only one entrance/exit open, one supervisor downstairs positioned on the entrance/exit door and the second to be positioned in the upstairs room;
7.3 When the premises are using both doors there should be a minimum of three door supervisors, one supervisor positioned on both entrance/exits and the third to be positioned in the upstairs room;
7.4 At least one female door supervisor shall be on duty at the premises periodically (at least once per month);
7.5 At least one working Nite Net/CCTV Radio shall be used during trading hours, to be located at the external entrance/exit to the premises.
8. Pubwatch
The premises shall be a member of the local; Pubwatch scheme and at least one representative of the premises, with management or supervisory responsibility, shall attend each meeting.
9. Open Bottles and Vessels
9.1 No open bottles or vessels shall be permitted entry to the premises at any time during trading hours;
9.2 No customers shall be permitted to take open bottles or vessels from the premises at any time during trading hours, unless the Alcohol Exclusion Zone is revised this allows this to happen.
10. Drugs Safe
A drug safe shall be securely fitted in a secure location at the premises which cannot be accessed by the public and to which only the management of the premises shall have access.
11. Specialist Events
The DPS, or a person authorised by the DPS, shall provide the Police Licensing Department with written notice of any advertised specialist event. This notice shall be provided at least 14 days prior to the scheduled date for the specialist event. The notice shall provide details of the event including a full risk assessment and numbers expected at the event. West Yorkshire Police will have the authority to reject any such written notice and cancel the proposed event should there be evidence to show a genuine risk to public safety and/or crime and disorder. West Yorkshire Police shall provide written notice to the Premises Licence Holder or DPS of any such cancellation within no less than 7 consecutive days prior to the proposed event. The DPS, or person authorised by the DPS, shall comply with any information requests made by the Police in relation to the specialist event and shall work in conjunction with the Police, complying with any reasonable requests, including the employment of additional door supervisors, to ensure that crime and disorder that may be associated with the event or premises is minimised. For the avoidance of any doubt, the reference to 'specialist event' in this condition refers to any event which is designed to attract increased numbers to the premises and/or is likely to have an impact upon policing and police resources. This definition includes but is not limited to, events such as Stamina and Baseline.
12. Polycarbonate Vessels
Polycarbonate drinking vessels shall be used for specialist as described above.
13. Noise Nuisance
13.1 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
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;
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.
13.2. All external windows and doors at the premises must remain closed when regulated entertainment is being provided, except for normal access and egress to the premises. For the avoidance of any doubt, it is not permitted that any external windows and/or doors be kept open to allow for general access or egress to the premises;
13.3 Speakers used to relay amplified music, singing and speech provided as part of the regulated entertainment shall not be positioned outside the premises, or internally, but directing out through external doors, windows and similar openings in the premises.
ADVISORY NOTE:
You can help facilitate patrons leaving in a quiet manner through promoting a ‘calm down’ period at the end of the night. Finish any lively entertainment (disco, live music, etc.) about 30 minutes before the bar closes and play softer background music. Continue to sell water, soft drinks and other non-alcoholic beverages and allow customers to leave naturally.
14. Children and Young Persons
No persons under 18 years of age shall be on the premises at any time.
15. Bottle Disposal
The disposal of waste bottles into external receptacles shall not take place between the hours of 21:00 and 09:00.
16. Promotional Leaflets
Promotional leaflets (flyers) shall not be distributed to the public outside the premises (whether immediately outside or some distance away) except with the prior written approval of the Licensing Authority, and under the terms of a litter control plan approved by the Responsible Authority for Public Nuisance (Wakefield MDCs Environmental Protection Team).
17. Frontage Cleaning
At the end of trading hours on each and every day the pavement to the frontage of the premises shall be cleared of litter and waste and cleansed of any urine, vomit of similar fouling.
18. Secure by Design
Any works completed at the premises must comply with the Secure by Design concept. Close liaison must be sought from the Police Architectural Liaison Officer, or any other such person authorised by the Police Licensing Department, before licensable activities can take place.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.