Pagoda Restaurant

Unit 2-4, Sandal Castle Centre, Asdale Road, Wakefield, West Yorkshire, WF2 7JE

Completed application 074853 which is a Transfer/ Vary DPS for Premises Licence from 26/08/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• 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.-(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.

   

  11. 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

  
  Embedded Restrictions:

   

  RESTAURANT LICENCE. RESIDENTIAL LICENCE. RESTAURANT AND RESIDENTIAL LICENCE

   

  S.94 95 - Licensing Act 1964

   

  Alcohol may be sold or supplied:

   

  The above restrictions do not prohibit:

   

  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 premises.

   

  Suitable non-alcoholic beverages, including drinking water, shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises.

   

  The premises must be bona fide used for the purpose of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises.

   

  Conditions Endorsed on Justices' ON Licence

   

  Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancilliary to a meal.

   

  Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as an ancilliary to meals served in the premises.

   

  Operating Schedule Conditions:

   

  1. The Fire Alarm and Emergency Lighting Systems are to be tested weekly and a written record of these tests is to be kept. Any faults identified and the relevant actions taken to rectify them are to be noted in the record.

   

  2. All exit routes must be kept clear and remain free from obstruction at all times.

   

  3. Any person on the premises who appears to be under 18 years of age attempting to purchase alcohol from the establishment shall be challenged to produce photographic evidence to ascertain their proof of age.

   

  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 remained 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.