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;
(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.
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 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.
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 CCTV 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, bar serving areas, circulation areas/seating area 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 premises 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 operation of the CCTV system to ensure rapid data retrieval & downloads of footage can be provided to the Police & the Local Authority Officer upon reasonable request in accordance with the Data Protection Act.
1.5 CCTV shall be active on a 24 hour basis 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. Door Supervisors
2.1 SIA and Approved Contractor status door supervisors shall be employed at the premises and shall be on duty every Friday, Saturday and Sundays before bank holidays from 21.00hrs up until the premises are closed.
2.2 There shall be a minimum number of one door supervisor for capacities of up to 100 people. Thereafter there shall be at least one door supervisor per additional 100 people or part thereof;
3. Training
3.1 All staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, underage sales, awareness of vulnerable persons & serving alcohol to drunks training.
3.2 Regular training to all staff shall be undertaken on a 6 monthly basis and recorded.
3.3 All staff training shall be recorded and training records maintained and available, upon request, for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
4. Children
4.1 All children (as defined in the Licensing Act 2003) shall not be allowed on the premises unless accompanied by an appropriate adult, all children shall not be allowed to enter or remain on the premises after 22:00hrs at all times.
5. Night Net/CCTV Radio
5.1 At least one working Nite Net/CCTV Radio’s shall be used during trading hours.
6. Proof of Age Scheme
6.1 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.
7. The premises main business shall be as a restaurant
7.1 The premises shall operate a full working kitchen at all times the premises are open to the public.
7.2 Food available at all times the premises is open to the public shall be in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery.
7.3 A minimum number of 75 covers shall be maintained at all times during licensed hours
8. Open Bottles and Vessels
8.1 No open or sealed bottles or vessels shall be permitted entry to the premises at any time during trading hours.
8.2 Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.
8.3 Signage shall be displayed stating that no persons shall take open vessels or bottles on to the street into the Alcohol Restriction Zone.
9. Incident / Refusals Register
9.1 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. 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. 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.
9.2 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.
9.3 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.
9.4 A refusal log shall be kept on the premises and all refused sales recorded. The log shall be checked and counter signed by the Designated Premises Supervisor (DPS) each week.
10. Noise
10.1 A sign shall be located at the exits requesting customers leaving the premises to do so quietly and with consideration to neighbour’s.
10.2 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:
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.
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.
10.3 All external doors and windows to the room/s where entertainment is being provided shall remain closed during the course of the entertainment, other than for normal access and egress.
10.4 No speaker used to relay amplified music, singing and speech provided as part of the 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, windows or other openings in the structure.
10.5 The disposal of waste bottles into external receptacles shall not take place between the hours of 21:00 and 09:00 hours.
10.6 The disposal of waste bottles into external receptacles shall not take place between the hours of 21:00 and 09:00 hours
11. Off Sales
11.1 Off sales of alcohol will only be consumed outside the building by customers seated at tables. In line with any existing permission in place which allows the provision of outdoor seating on the
highway, such as café pavement licence which includes time restriction allowed to operate in these areas.
11.2 Off sales of pre-mixed cocktails, wine and draught lager/ beers will be placed in suitably sealed containers and pre-packed for off-site consumption.
11.3 The premises licence holder shall ensure that there is an adequate risk assessment in place, in relation to assess the need for door supervision in the outside area of the premises. The expected days to be considered would normally be on Friday Saturday and all Sundays before bank holidays, or at any other times and shall provide additional door supervision, sufficient for keeping order of the outside area when they are used for a licensable activity.
11.4 Signage shall be displayed stating that no persons shall take open vessels or bottles on to the street into the Alcohol Restriction Zone.
12. Bins
12.1 The bin area will be secured and locked.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.