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. 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. The fire escape doors shall only be used in cases of emergency. The stage door shall be restricted for use of artists only and not used for general public access or egress except in an emergency.
2. The noise arising from regulated entertainment shall be monitored at least once every hour between 10.00pm and 02:00 by the licensee or their representative at positions (accessible to the public) closest to adjacent dwellings. If the noise is clearly audible at the monitoring position, the licensee or, their representative, shall take immediate action to reduce the level of noise from regulated entertainment. A written log shall be kept of the monitoring including the monitoring locations, a description of noise from the premises (if any) and a description of any remedial action taken, the log shall be retained for a minimum period of 12 months and shall be made available for inspection by persons and officers authorised under the Licensing Act 2003.
3. Except where exemption is granted in writing by Wakefield MDC's Environmental Health Service, no sound amplification system(s) shall be operated in association with the premises as a result of the granting of this licence unless it is installed though a sound limiting device connected to the electrical circuitry. The limiting device shall be installed by a competent person and must always be operated when such amplified sound is generated. The Environmental Health Service shall approve the level to which the device must be set according to the agreed circumstances under which the entertainments are provided ( e.g. doors and windows open or closed etc.). Prior to introducing any changes which will increase the impact of the entertainments on surrounding occupiers the Environmental Health Service shall be contacted so that the level set on the limiting device can be reviewed.
4. Prominent, clear notices shall be displayed at all exits, in the car park and in smoking areas requesting customers and staff to respect the needs of local residents and leave the premises and area quietly.
5. Prominent, clear notices shall be displayed at all exits, requesting customers use the smoking area to the side of the building within the patio area.
6. Bottle waste shall not be deposited in external storage containers between the hours of 22.00pm and 09.00am.
7. On a daily basis the frontage and car park area shall be cleared of litter and waste and also cleansed of any urine, vomit or similar fouling.
8. CCTV
8.1 A CCTV system to a specification required by West Yorkshire Police and in accordance with current Home Office Guidelines be installed and utilized at the premises with a sufficient storage capacity to store a minimum of 31 days footage;
8.2 The 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;
8.3 Management 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, or in any event within 24hrs;
8.4 CCTV shall be active on a 24 hour basis
9. 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 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 West Yorkshire Police or Local Authority Enforcement Officers immediately upon request.
10. A refusals book (which shall be available for inspection by the Police or officers authorised by the City of Wakefield Council) shall be maintained. This shall be maintained in the same format as the incident register. The designated premises supervisor (DPS) shall check the book once a week ensuring it is complete and up to date. The DPS will sign the book each time it is checked.
11. New staff shall receive induction training at the commencement of employment. Regular staff training and re-training shall be undertaken, every 6 months and recorded staff training records shall be maintained for inspection by West Yorkshire Police and Local Authority Enforcement Officers. This training will include drug awareness training and underage sales training.
12. A proof of age scheme approved by WYP and WYTSS will be in operation and signs provided informing customers that sales will not be made to less than 18's and identification may be required. A 21 proof of age system will be adopted.
13. DPS or personal licence holder will be onsite and contactable at all times and a register maintained on site of details of DPS.
14. All under 18 year olds must be accompanied by an adult.
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 remain 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.