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.
Premises Licence Mandatory Conditions
(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.
Annex 2 - Conditions consistent with the Operating Schedule
1. Noise
1.1 Noise from amplified and non-amplified music, singing and speech arising from regulated entertainment at the premises between 23:00 and 07:00 hours 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.
Licencees are advised to carry out a simple “sound check” outside the nearest noise sensitive property by listening to the music etc. coming from regulated entertainment. If the music etc. is clearly audible then it is likely that this condition is being breached. Steps should then be taken to reduce the volume of the noise.
1.2 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.
1.3 No speaker used to relay amplified music, singing and speech provided as part of the regulated entertainment shall be positioned outside the building structure of the premises, nor shall any speaker be positioned internally such that the sound is intentionally directed through external doors, windows or other openings in the structure.
1.4 Amplified and non-amplified music, singing and speech associated with the regulated entertainment shall only be carried out inside the premises except with the prior written approval of the Licensing Authority.
1.5 All external areas of the premises must not be used by customers between 23:00 and 09:00 hours.
1.6 The disposal of waste bottles into external receptacles shall not take place between 21:00 and 09:00 hours.
1.7 A sign shall be located at the exits requesting customers leaving the premises to do so quietly and with consideration to neighbours.
2. External areas
2.1 The external refuse and waste bottle receptacles and the surrounding storage area shall be cleansed on a weekly basis.
2.2 At the end of business every day/night the pavement to the frontage and sides of the premises shall be cleared of litter and waste and cleansed of any urine, vomit or similar fouling.
3. CCTV
3.1 A tamper resistant CCTV system shall be installed, maintained in working order and operated at the premises.
3.2 CCTV images shall be retained for a period of no less than 28 days.
3.3 Cameras shall be installed and located in all entry and exit points, serving areas, circulation areas, to enable the capture of images of individuals to be of a standard which allows them to be identified.
3.4 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.
3.5 There shall at all times 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.
3.6 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.
4. Incident Log
4.1 An incident log must be kept at the premises. Incident log records will be kept for 12 months from the date the incident occurred.
4.2 The log will be made available immediately upon request to an ‘authorised person’ as spectified by section 13 of the Licensing Act 2003 and must record the following:
All crimes reported to the premises (where relevant to licensing objectives)
All ejections of patrons
Any complaints received (where relevant to the licensing objectives)
Any incidents of disorder
Any faults in 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
5. Incidents/Drugs/Crime
5.1 An incident log must be maintained at the premises, and made immediately available on request to an ‘authorised person’ as spectified by section 13 of the Licensing Act 2003 and must record the following:
(a) All crimes reported to the venue
(b) All ejections of patrons
(c) Any complaints received
(d) Any incidents of disorder
(e) Seizures of drugs or offensive weapons
(f) Any faults in the CCTV system or searching equipment or scanning equipment
(g) Any visit by a relevant authority or emergency service
5.2 Members of the public who commit acts of anti-social behaviour will be removed from the site and prevented from returning. Any such instances will be recorded in the Incident Register
5.3 Any seizure of drugs or offensive weapons shall be recorded in the Incident Report Register and reported to West Yorkshire Police
5.4 A suitable receptacle for the safe retention of illegal substances
6. Refusals Register
6.1 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 authorised Trading Standards Officer or an officer of the Local Authority on demand
6.2 The DPS shall inspect and sign the register monthly to ensure that it is being properly maintained
7. CCTV Radio
7.1 At least one working night net CCTV radio should be used during trading hours. To be located at all external entrance/exit to the premises
8. Age Verification
8.1 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.
9. Children
9.1 All children (as defined in the Licensing Act 2003) shall not be allowed on the premises unless accompanied by an adult at all times.
9.2 All children shall not be allowed to enter or remain on the premises after 22:00hrs indefinitely.
10. Food
10.1 Food prepared on the premises shall be available at all times the premises are open to the public.
10.2 A minimum number of 75 covers shall be maintained at all times during licensed hours.
11. Open Bottles and Vessels
11.1 No open or sealed bottles or vessels shall be permitted entry to the premises at any time during trading hours.
11.2 Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them
11.3 Signage shall be displayed stating that no persons shall take open vessels or bottles on to the street into the Public Spaces Protection Order area.
12. Off Sales
12.1 Off sales of alcohol will only be consumed outside the building by customers seated at tables. In line with any existing permission in place which allows the provision of outdoor seating on the highway, such as café pavement licence which includes time restriction allowed to operate in these areas.
12.2 Off sales of pre-mixed cocktails, wine and draught lager/ beers will be placed in suitably sealed containers and pre-packed for off-site consumption.
13. Door Supervision
13.1 On Friday and Saturday nights there shall be a minimum of one SIA registered door supervisor from 21:00 hours until closing time. These are the minimum requirements.
13.2 The requirement for further SIA registered door supervisors on Fridays and Saturdays, Sundays before bank holidays, Christmas Eve, Boxing Day and New Years Eve and St Patricks Day shall be risk assessed in conjunction with any specific recommendation of West Yorkshire police by the premises licence holder. Door supervisors shall be employed at the premises in such numbers and at such times as deemed necessary by the risk assessment.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.