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.
12. 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.
13. 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.
14. 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
(None Applicable)
Annex 3 - Conditions attached after a hearing by the licensing authority
1. CCTV
1.1 A CCTV system to a specification required by West Yorkshire Police and in accordance with current Home Office Guidelines to be installed and utilised at the premises with a sufficient storage capacity to store a minimum of 31 days footage;
1.2 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;
1.3 At least one member of staff shall be trained in the use of the system to ensure rapid data retrieval and download will be required immediately should that be requested, and in any event within 24 hrs when required by Police or Local Authority Enforcement Officers;
1.4 CCTV shall be active on a 24 hour basis and at least one member of staff who is trained in downloading from the system shall be on the premises during trading hours.
2. 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 21. 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. An electronic record of all refusals shall be maintained at the premises.
3. An electronic record shall record all incidents involving anti social behaviour, injury and ejections from the premises. The record will include the date, time and location of the incident, details of the nature of the incident, names of any staff involved or to whom the incident was reported. The record shall also include details of any Police Officer known to attend names and addresses of any witnesses and confirmation as to whether there is CCTV footage of the incident. The electronic record shall be made available for inspection by West Yorkshire Police or Local Authority Enforcement Officers upon reasonable request.
4. Customers carrying open bottles shall not be permitted entry at any time the premises is open to members of the public.
5. Alcoholic and other drinks shall not be removed from the premises in open containers save for consumption in the external areas provided by the premises for that purpose.
6. 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 quietly.
7. New staff shall receive induction training at the commencement of employment. Regular staff training and re training shall be undertaken and recorded. Staff training records shall be maintained for inspection by West Yorkshire Police and Local Authority Enforcement Officers. This training must include drug awareness training, underage sales training, and serving to drunken persons.
8. Children under the age of 18 shall not be permitted to enter or remain on the premises after 22:00, unless resident, dining with a responsible adult or attending a pre booked function.
9. The premises must at all times whilst open, maintain a minimum number of 100 covers.
10. Wherever unusual events take place at the premises, the DPS shall contact the Police Licensing Department no less than 7 days before the event, to discuss the event. Should the Police consider it necessary, SIA / ACS Door supervisors shall be employed at the premises for that event. They will be deployed at the ratio of 2 door supervisors for the first 100 guests, and one per 100 hundred or part thereof. For the avoidance of doubt, “unusual” shall include any event not normally hosted at the premises, and will include any event where increased numbers of guests are anticipated in response to a planned event.
11. Noise from amplified and non-amplified music, singing and speech arising from regulated entertainment at the premises shall not exceed the parameters set out in the informative note inside habitable rooms of noise sensitive properties in the vicinity. After 20:00 hours Monday - Friday inclusive and all day on Saturdays, Sundays and Bank Holidays, when regulated entertainment is taking place, the noise from the regulated entertainment shall be monitored at least once every hour by the licensee, or his representative at positions (accessible to the public) adjacent to dwellings or other noise sensitive property in the vicinity of the licensed premises. If noise is clearly audible at the monitoring position the licensee shall take action to reduce the level of the noise from regulated entertainment. A written log shall be kept of the monitoring including the date and time when the monitoring took place, the name of the person carrying out the monitoring, the monitoring location, a description of the noise 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.
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.
12. Live music and recorded music/regulated entertainment with a DJ/compere shall only be carried out inside the premises. All external doors including fire-exit doors and patio doors and windows to the rooms where live music and where recorded music/regulated entertainment with a DJ/compere is being provided shall remain closed during the course of the live music and recorded music/regulated entertainment with a DJ/compere, other than for normal access and egress.
13. The external terrace/garden areas to the façade facing the river must not be used by customers between the hours of 22:00 and 10:00.
14. The childrens’ play area must not be used between the hours of 20:00 and 10:00.
15. The disposal of waste bottles into external receptacles shall not take place between the hours of 20:00 and 09:00.
16. The licence holder shall write to the prominent local taxi firms to advise that drivers shall not sound horns whilst awaiting customers outside the premises and shall erect signs in the premises requesting that customers make similar request of drivers when booking taxis.
Annex 4 - Plans
See attached plans.