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. Provision of Food
1.1 There will be a minimum number of 28 covers maintained within the restaurant at any time.
2. CCTV
2.1 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 with date and time stamping. All entry and exit points will be covered. (Advisory note: - The CCTV system must be registered with Information Commissioners Office to ensure compliance with the Data Protection Act 1998). Records will be provided to the Police & Local Authority Officers upon reasonable request in accordance with the Data Protection Act.
2.2 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.
2.3 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.
3. Noise
3.1 Noise from amplified and non-amplified music, singing and speech arising from regulated entertainment at the premises 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:
) 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
) 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.
All external doors and windows to the room/s where regulated entertainment is being provided shall remain closed during the course of the entertainment, other than for normal access and egress.
All external doors to the premises (including fire exit doors and patio doors) shall not be propped open during the course of ongoing regulated entertainment.
3.2 Prominent, clear notices shall be displayed at all exits requesting customers and staff to respect the needs of local residents and leave the premises and area quickly and quietly.
3.3 The disposal of waste bottles into external receptacles shall not take place between the hours of 21.00 and 09.00.
4. Door Supervisors
4.1 On a Friday, Saturday and on a Sunday the day before a Bank Holiday Monday there shall be a minimum of one SIA registered door supervisor on duty from 21:00hrs until when the premises close.
4.2 The premises licence holder shall ensure that there is an adequate risk assessment of the need for door supervision at the premises before this time, or at any other times and shall provide any additional door supervision, sufficient to control the entry of persons to the premises and for keeping of order in the premises when they are used for a licensable activitiy in accordance with that risk assessment.
4.3 Employment of female door supervisors shall be evidenced in the door supervisor register at least once a quarter.
4.4 Carbon copy incident logbooks shall be maintained detailing all events that take place. These shall be made available for inspection by West Yorkshire Police and Local Authority Officers.
5. Proof of age scheme
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.
6. Training
6.1 New staff shall receive induction training at the commencement of employment. Staff shall receive regular retraining a minimum of four times a year. Staff training records shall be maintained for inspection by West Yorkshire Police and local Authority Officers.
6.2 Staff training will include mandatory drug awareness training and underage alcohol sales training.
6.3 A policy will be in force for the management of large groups e.g. hen and stag parties. The group will be required to nominate a responsible person to liaise with staff.
6.4 Staff shall implement a dispersal policy outside the premises.
7. Incident/refusals register
7.1 The premises shall keep an incident book and record details of all instances of public disorder.
7.2 A refusals register shall be kept at the premises where the date, time and circumstances under which any attempted purchase by an underage customer has been refused must be recorded. This register will be made available for inspection by any Police Officer, Community Support Officer or Authorised Officer upon request.
8. Bottles and glasses
8.1 No customers carrying open or sealed bottles or glasses will be admitted to the premises at any time.
8.2 No customers will be permitted to take open containers of alcoholic or soft drinks from the premises.
9. Prevention of drug use
9.1 Random drug searches shall be carried out on both male and female persons by security staff. Persons refusing drug searches will be refused admittance. Clear, visible signage relating to this drug search policy will be placed at all points of entry to the premises.
9.2 All drug searches will be recorded in a register kept at the premises and will be made available for inspection by West Yorkshire Police and Local Authority Officers.
9.3 A drug safe will be fitted in a secure location not accessible to members of the public and to which only premises management shall have access.
10. First Aid
10.1 First aid equipment will be available on the premises.
10.2 The first aider will be trained to deal with drug and alcohol related problems.
11. Litter
11.1 Staff shall implement a litter clearing policy outside the premises. At the end of business every night, the pavement to the frontage of the premises shall be cleared of litter and waste and cleansed of any urine, vomit or similar fouling.
12. Adult entertainment
12.1 No adult entertainment shall take place on the premises.
13. Children
13.1 Children under the age of 16 may be present with an accompanying adult until 19.00 but will not be able to remain on the premises thereafter.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.