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
CCTV
A tamper resistant CCTV system shall be installed, maintained in working order and operated at the premises.
CCTV images shall be retained for a period of no less than 28 days.
Cameras shall be installed and located in all entry and exit points, bar/serving areas, circulation areas and all outdoor areas utilised under the premises licence, to enable the capture of images of individuals to be of a standard which allows them to be identified.
Recordings of incidents at the premises must be made secure for inspection by the police and provided on lawful request. This means that a member of staff shall be available within 24 hours or by prior appointment who can operate the CCTV system and providing recordings in accordance with lawful requirements.
There shall always be a member of staff present who is capable of being able to use the CCTV system to assist the police, or person authorised by the Licensing Authority, to immediately view CCTV footage.
In the event of a failure of the CCTV system for any reason, a record of the failure will be recorded, and immediate steps will be made to rectify the problem.
The premises CCTV system will be checked by the DPS or any other nominated member of staff to ensure that it is operating correctly and such checks to be recorded and by whom.
DPS
The Designated Premises Supervisor or a Personal Licence Holder must always be at the premises or contactable during trading hours and a register be maintained on the premises of their details.
Challenge 25 Proof of Age
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.
Incident log
An incident log must be kept at the premises. Incident log records will be kept for 12 months from the date the incident occurred.
The log will be made available immediately upon request to an 'authorised person' as specified by Section 13 of the Licensing Act 2003 and must record the following:
•All crimes reported to the premises (where relevant to the licensing objectives)
•All ejections of patrons
•Any complaints received (where relevant to the licensing objectives)
•Any incidents of disorder
•Any faults with the CCTV system or searching equipment or scanning equipment
•Any visit by a relevant authority or emergency services, noting time, date and purpose and those officials by name.
The DPS shall inspect and sign the incident log monthly to ensure that it is being properly maintained.
Refusals register
A written register of refusals will be kept, including description of the people who have been unable to provide required identification to prove their age. Such records shall be kept for a period of 12 months and will be collected by the DPS and produced to the Police or 'authorised person' or an authorised Trading Standards Officer or an officer of the Local Authority/Council on demand.
The DPS shall inspect and sign the register monthly to ensure that it is being properly maintained.
Staff Training
All staff shall receive induction training at the commencement of their employment at the premises, including underage sales, drugs awareness and serving alcohol to drunks.
Regular staff training shall be undertaken every twelve months and recorded.
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.
Embedded Restrictions:
OFF LICENCES AND OFF SALES DEPARTMENTS OF ON-LICENSED PREMISES
S.60 63 86 - Licensing Act 1964
Alcohol shall not be sold or supplied except during permitted hours.
The above restrictions do not prohibit:
a) 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;
b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
c) the sale of alcohol to a trader or club for the purposes of the trade or club;
d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
ON-LICENCES
S. 59 60 63 67A 68 70 74 76 - Licensing Act 1964
Alcohol shall not be sold or supplied except during permitted hours.
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 licensed premises;
e) The ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
f) The sale of alcohol to a trader or club for the purposes of the trade or club;
g) The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
h) The taking of alcohol from the premises by a person residing there; or
i) The supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
j) The supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
Alcohol may be sold or supplied for one hour following the hours set out above and on Christmas day, between 3pm and 7pm to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.
ON-LICENCE: NO CHILDREN’S CERTIFICATE
S.168 171 201 - Licensing Act 1964
No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(1) He is the child of the holder of the premises licence.
(2) He resides in the premises, but is not employed there.
(3) He is in the bar solely for the purpose of passing to or from some part of the premises, which is not a bar, and to or from which there is no other convenient means of access or egress.
(4) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
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. The Designated Premises Supervisor shall continue to remain a member of the Local Pubwatch scheme for as long as such scheme remains in existence.
4. 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.
5. Management shall ensure that a lock to the top of the cellar stairs is in place and used at all times to prevent public access.
6. A hand rail shall be provided from the beer garden to the courtyard adjacent to the conservatory and shall be maintained regularly.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.