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. 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
1 CCTV
1.1 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 & record images at 7-12 Frames Per Second (FPS). (Advisory Note:-The CCTV System must be registered with Information Commissioners Officer (ICO) to ensure compliance with the Data Protection Act 1998 (DPA).)
1.2 Cameras shall be installed and located at the following locations, stairwells, dance floor, external drinking / smoking area, bar serving areas, circulation areas, seating area and toilet access points and corridor to enable the capture of images of individuals to a minimum of "RECOGNISING" as defined in the Information Commissioners Office current "CCTV code of practice". The CCTV system shall be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises at each exit and entrance point.
1.3 All elements of the CCTV System must be maintained in good working order and recordings date and time stamped.
1.4 Staff shall be trained in the operation of the CCTV system to ensure rapid data retrieval & downloads of footage can be provided to the Police & the Local Authority Officer upon reasonable request in accordance with the Data Protection Act.
1.5 CCTV shall be active on a 24 hour basis and at least one member of staff who is trained in downloading from the system must be on the premises during trading hours.
1.6 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.
2 Door Supervision
2.1 On every day that the premises are open for licensable activities apart from Tuesdays and Wednesdays at least two SIA and approved contractor status door supervisors will be employed at the premises from 2000 and shall remain on duty until the premises close.
2.2 There shall be a minimum number of two door supervisors for capacities of up to 100 people. Thereafter there shall be at least one door supervisor per additional 50 people or part thereof;
2.3 At least one female door supervisor shall be on duty at the premises periodically (at Least once a month).
2.4 At least one working night net/CCTV radio shall be used during trading hours; to be Located at all external entrance/exit to the premises.
3 Pubwatch
The DPS will continue to remain a member of the local pub watch scheme for as long as such scheme remains in existence.
4 Prevention of Public Nuisance
4.1 All amplified regulated entertainment provided outside the premises shall be played through an amplification system incorporating a noise limiting device that has been installed and set to the express satisfaction of the Responsible Authority for public nuisance (Wakefield MDC's Environmental Protection Team). The sound limiting device shall be retained and maintained and no alteration to the approved setting shall be made without the express approval of the Responsible Authority for Public nuisance.
4.2 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 quietly.
4.3 Promotional leaflets (flyers) shall not be distributed to the public outside the premises (whether immediately outside or some distance away) except with the prior written approval of the licensing authority and under the terms of a lit of control plan approved by the responsible authority for public nuisance (Wakefield MDC's Environmental Protection Team).
5 Age Verification
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. 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.
5.2 The only acceptable forms of identification are a UK driving licence. Passport, any PASS accredited photographic card or Her Majesty's Forces Warrant Card. Failure to supply such ID will result in no sale or supply of alcohol to that person.
6 Training
6.1 All staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, underage sales & serving alcohol to drunks training.
6.2 Regular training to all staff shall be undertaken on a 6 monthly basis and recorded.
6.3 All staff training shall be recorded and training records maintained and made available immediately for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
7 Public Safety
All exit routes must be kept clear and remain free from obstruction at all times.
8 Drugs Safe
8.1 The Premises Licence Holder or nominated person shall ensure that a drugs safe is available on the premises, which cannot be accessed by the public. Only the
management of the premises shall have access, to deposit suspected seized, found or handed in controlled drugs.
8.2 There will be a clear policy for handling and packaging of such seized or found controlled drugs. Controlled drugs seized or found must be formally deposited at the nearest police station within 24hrs or as soon as practically possible and in any case no later than 72 hours.
8.3 All items of controlled drugs seized, found or handed to the premises shall be recorded in the incident register.
8.4 The Premises Licence Holder or nominated person shall ensure that security arrangements are in place where toilet areas and other similar areas are regularly checked for evidence of drugs. The date and times of all checks to be recorded in a bound book, kept for that purpose and be available immediately for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
9 Food
9.1 Food prepared on the premises shall be available at all times the premises are open to the public.
9.2 There will be a minimum number of 100 covers to be maintained at all times during licensed hours this number has been agreed that it will be a third of total capacity of the venue
10 Bottles
10.1 Patrons permitted to temporarily leave and then re-enter the premises e.g. to smoke shall not be permitted to take any drinks or glass containers with them.
10.2 Signage shall be displayed stating that no person shall take open vessels or bottles onto the street into the alcohol restriction zone.
11 DPS/Nominated person to be contactable
11.1 Whenever the DPS is not on the premises, a contact number for the DPS or in his/her absence, a person nominated in writing as responsible for the premises shall be available to Officers of the responsible authorities upon request.
11.2 The previous tenant of El Group at the exclusive cafe bar Mr Neil Hudson shall in nocapacity be linked to the premises in any way either direct or indirect. Ei Group shall takeall relevant precautions and checks to ensure compliance with this.
12 Off Sales
12.1 Any off sales will be limited to the sale of bottled wine only. No other alcoholic beverages or spirits will be permitted for off-sales.
12.2 All off sales will be in sealed containers and placed in packaging.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans