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(6);
(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(7).
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 responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-
(i) 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
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) 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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(c) 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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
8. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
9. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
10. Each individual carrying out a security activity must be licensed by the Security Industry Authority.
11. 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.
12.-(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) The policy must require individuals who appear to the responsible person to be under 18 years 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 a holographic mark.
13. The responsible person shall ensure that-
(a) 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-
(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures.
Annex 2 - Conditions consistent with the Operating Schedule
1. The beer garden shall close at 21.00pm.
2. CCTV
2.1 A CCTV system to a specification required by West Yorkshire Police and to current Home Office Guidelines will be installed and utilised at the premises with a sufficient storage capacity to store a minimum of 31 days footage; CCTV must provide evidential quality coverage of the licensed areas including the entire external beer garden & children’s play area. (Advisory Note:-The CCTV System must be registered with Information Commissioners Officer (ICO) to ensure compliance with the Data Protection Act 1998 (DPA);
2.2 Equipment shall be operated and maintained in good and clear working order and recordings shall be kept in date order and retained for a period of at least 31 days;
2.3 Staff shall be trained in the use of the system to ensure rapid data retrieval. Downloads will be provided to Police & the Local Authority, immediately on request;
2.4 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;
2.5 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. All actions taken to remedy the CCTV faults(s) shall be recorded in the incident register.
Annex 3 - Conditions attached after a hearing by the licensing authority
1. 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.
2. 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.
3. The noise arising from regulated entertainment shall be monitored at least once every hour between 8.00pm and midnight 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.
4. Speakers used to relay amplified music, singing and speech provided as part of the regulated entertainment shall be played through a sound amplification system incorporating a sound limiting device that
has been installed and set up by the Licence holder for the purpose of controlling noise and in accordance with the requirements of Conditions 1 & 3.
5. 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.
6. The applicant shall employ at least two suitably qualified door supervisors between 7.00pm and 1.00am on any nights that the function room is used for regulated entertainment, for the purpose of preventing
noise and anti-social behaviour in the vicinity of the premises.
7. Customers shall not be allowed to take open drink containers & vessels outside the premises at any time, except the external beer garden until 20.30pm.
8. Bottle waste shall not be deposited in external storage containers between the hours of 8.00pm and 10.00am.
9. The Licensee, or their representative shall liaise with taxi firms to ensure that taxis and private hire vehicles attend on the Wakefield Road side of the premises and shall also request that taxi drivers do not
sound their horns.
10. On a daily basis the pavement, frontage and car park area shall be cleared of litter and waste and also cleansed of any urine, vomit or similar fouling.
11. SIA approved/contracted status, door supervisors shall be employed at the premises, when appropriate events dictate and in accordance with local Police advice.The premises shall be responsible for the
management of the door staff in the premises.
12. Door staff register shall be maintained when door staff are employed and shall be the property of the premises and available for inspection by West Yorkshire Police and Local Authority Enforcement
Officers.
13. Membership of the local Pubwatch Scheme.
14. Carbonated incident logbooks shall be maintained and available for inspection by West Yorkshire Police and Local Authority Enforcement Officers.
15. 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 and underage sales training.
16. 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 25
proof of age system will be adopted.
17. DPS or personal licence holder will be onsite and contactable at all times and a register maintained on site of details of DPS.
18. No customers will be allowed to take from the premises open bottles or vessels unless they are to be consumed in the beer garden and all drinking vessels that are ussed in this area will be polycarbonate.
19. At any time when advertised events for the wider public are planned written notice must be served upon the Police Licensing Department no less than 14 consecutive days prior to the scheduled event.
This notice should include a full risk assessment ,numbers expected, what age and social disposition the event is likely to appeal to ,security measures in place, including number of doorstaff, details of any
promoters including their stage name, real name and date of birth, and details of acts performing.
20. West Yorkshire Police will have the authority to reject any such written notice and cancel the proposed event should there be evidence to show a genuine risk to public safety. West Yorkshire Police shall
provide written notice to the Premises Licence Holder of any such cancellation within no less than 10 consecutive days prior to the proposed event.
21. Polycarbonate drinking vessels shall be used for events described as in paragraph 19.
22. 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.
23. All under 18 year olds must be accompanied by an adult.
24. All under 16 year olds must be accompanied by their Parent or Guardian.
25. All children must leave the premises by 21.00 hours, except in private functions and on a Saturday when they must leave the premises by 20.00 hours.
Annex 4 - Plans
See attached plans