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(6);
(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(7).
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 responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-
(i) 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
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) 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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(c) 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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
8. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
9. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
10. Each individual carrying out a security activity must be licensed by the Security Industry Authority.
11. 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.
12.-(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) The policy must require individuals who appear to the responsible person to be under 18 years 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 a holographic mark.
13. The responsible person shall ensure that-
(a) 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-
(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures.
Annex 2 - Conditions consistent with the Operating Schedule
1. Noise from amplified and non-amplified music, singing and speech arising from regulated entertainment at the premises between the hours 23.00 and 07.00 shall not be audible inside habitable rooms of noise sensitive to properties in the vicinity.
2. All doors to the rooms where regulated entertainment is being provided shall remain closed during the course of the entertainment, other than for normal access and egress.
3. All external doors to the premises shall not be propped open during the course of regulated entertainment.
Annex 3 - Conditions attached after a hearing by the licensing authority
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 CCTV system shall have sufficient storage capacity to store a minimum of 31 days footage & record images at 7-12 Frames Per Second (FPS).
(Advisory Note:-The CCTV System must be registered with Information Commissioners Officer (ICO) to ensure compliance with the Data Protection Act 1998 (DPA).);
1.2 Cameras shall be installed and located at the following locations, stairwells, dance floor, bar serving areas, 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 Office 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 bar premises;
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 operation of the CCTV system to ensure rapid data retrieval & downloads of footage can be provided to the Police & the Local Authority Officer on demand in accordance with the Data Protection Act;
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.
2. Training
2.1 All staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, underage sales & serving alcohol to drunks training;
2.2 Regular training to all staff shall be undertaken on a 6 monthly 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. Proof of Age Scheme
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 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;
3.2 The only acceptable form of identification are a UK driving licence, Passport & any PASS accredited photographic card;
4. Incident / Refusals Register
4.1 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, any incidents of disorder, all seizures of drugs or offensive weapons; Any faults in the CCTV system, any refusal of the sale of alcohol & any visit by a relevant authority or emergency;
4.2 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. This register shall be made available for inspection by West Yorkshire Police or Local Authority Enforcement Officers immediately upon request;
4.3 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 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;
4.4 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 an entry accordingly to verify the above.
5. DPS
5.1 The Designated Premises Supervisor or supervising personal licence holder must be at the premises and contactable at all times during trading hours and a register will be maintained on the premises of their contact details;
5.2 The Designated Premises Supervisor or supervising premises licence holder shall re affirm to the Door Supervisors the high standards required in respect of entry to the premises to ensure that persons are not permitted entry to the premises when drunk or suspected to be taking drugs. This shall be done by way of a specific meeting immediately between the Door Company representative and the DPS/Premises Licence Holder and a written précis of the standards expected shall be signed by both parties and produced upon request of the Police or Local Authority.
6. Door Supervisors
6.1 SIA and Approved Contractor Status door supervisors shall be employed at the premises and shall be on duty at all times after 20.00hrs up until the premises are closed;
6.2 There shall be a minimum number of two door supervisors for capacities of up to 100 people. Thereafter there shall be at least one door supervisor per additional 100 people or part thereof;
6.3 At least one female door supervisor shall be on duty at the premises periodically (at least once per month);
6.4 At least one working Nite Net/CCTV Radio shall be used during trading hours; to be located at all external entrance/exit to the premises.
7. Pub Watch
7.1 The premises shall be a member of the local Pub watch scheme and at least one representative of the premises, with Management or supervisory responsibility, shall attend each meeting.
8. Open Bottles and Vessels
8.1 No open bottles or vessels shall be permitted entry to the premises at any time during trading hours;
8.2 No customers shall be permitted to take open bottles or vessels from the premises at any time during trading hours;
8.3 The DPS shall encourage by way of signage that no persons shall take open vessels or bottles on to the street into the Alcohol Exclusion Zone.
9. Substance Misuse
9.1 The Premises Licence Holder or nominated person shall ensure that a drugs safe is available on the premises, which cannot be accessed by the public. Only the management of the premises shall have access, to desposit suspected seized, found or handed in controlled drugs;
9.2 There will be a clear policy for handling and packaging of such seized or found controlled drugs. Controlled drugs seized or found must be formally deposited at the nearest police station within 24hrs or as soon as practically possible and in any case no later than 72 hours;
9.3 All items of controlled drugs seized, found or handed to the premises shall be recorded in the incident register;
9.4 The Premises Licence Holder or nominated person shall ensure that security arrangements are in place where toilet areas and other similar areas are regularly checked for evidence of drugs. The date and times of all checks to be recorded in a bound book, kept for that purpose and be available immediately for inspection by West Yorkshire Police and Local Authority Officers upon request.
10. Glassware & Bottles
10.1 Polycarbonate drinking vessels shall be used at the premises.
11. House Keeping
11.1 At the end of trading hours on each and every day the pavement or area to the frontage of the premises shall be cleared of litter and waste and cleansed of any urine, vomit or similar fouling. This must also include all outside entrances & exits.
Annex 4 - Plans
See attached plans.