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 and record images at 7-12 frames per second. (Advisory note: - The CCTV system must be registered with Information Commissioners Office to ensure compliance with the Data Protection Act 1998).
1.2 Cameras shall be installed and located at the following locations, bar serving areas and circulation areas/seating area 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 Supervisors
2.1 SIA and Approved Contractor status door supervisors shall be employed at the premises and shall be on duty every Friday, Saturday and Sundays before bank holidays whenever the first floor is in use from 21.00hrs up until the premises are closed.
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.
3. Notices
3.1 The DPS, or a person authorised by the DPS, shall provide the Police Licensing Department with written notice of any advertised specialist event (for the purpose of specialist event this would be any large sporting event i.e football / boxing etc.) This notice shall be provided at least 14 days prior to the scheduled date for the specialist event. The notice shall provide details of the event including a full risk assessment and numbers expected at the event. 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 and/or crime and disorder. The West Yorkshire Police shall provide written notice to the Premises Licence Holder or DPS of any such cancellation within no less than 7 consecutive days prior to the proposed event.
3.2 The DPS, or a person authorised by the DPS, shall provide the Police Licensing Department with written notice of any under 18’s event to be held at the premises. The DPS, or a person authorised by the DPS, shall provide the Police Licensing Department with any reasonable information requests and shall work in conjunction with the Police, complying with any reasonable requests, to ensure that children are protected and prevented from harm and that crime and disorder associated with the event or venue is minimised.
4. Training
4.1 All staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, underage sales, awareness of vulnerable persons & serving alcohol to drunks training and Ask for Angela scheme training.
4.2 Regular training to all staff shall be undertaken on a 6 monthly basis and recorded.
4.3 All staff training shall be recorded and training records maintained and available, upon request, for inspection by West Yorkshire Police and Local Authority Enforcement Officers.
5. Children
5.1 All children (as defined in the Licensing Act 2003) shall not be allowed on the premises unless accompanied by an adult.
5.2 Children shall not be allowed to enter the first floor of the premises unless accompanied by an adult for a previously booked event which is recorded in appropriate events book/ diary.
5.3 No children shall be allowed to enter or remain on the premises after 23:00hrs at all times (this is ground and first floor).
6. Night Net/CCTV Radio
6.1 At least one working Nite Net/CCTV Radio’s shall be used during trading hours.
7. Proof of Age Scheme
7.1 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.
8. The premises main business shall be as a restaurant
8.1 The premises shall operate a full working kitchen at all times the premises are open to the public.
8.2 Food available at all times the premises is open to the public shall be in the form of substantial table meals that are prepared on the premises and are served and consumed at the table.
8.3 A minimum number of 150 covers shall be maintained at all times during licensed hours on the ground floor.
8.4 A minimum of 80 covers shall be maintained at all times during licensed hours on the first floor
9. Open Bottles and Vessels
9.1 No open or sealed bottles or vessels shall be permitted entry to the premises at any time during trading hours.
9.2 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.
9.3 Signage shall be displayed stating that no persons shall take open vessels or bottles on to the street into the Alcohol Restriction Zone.
10. Incident / Refusals Register
10.1 An Incident Report Register shall be maintained and kept on the premises to record all incidents involving anti-social behaviour, injury and ejections from the premises. The register will contain consecutively numbered pages in a bound format and include the date, time and location of the incident, details of the nature of the incident, the names and SIA badge numbers of any door staff involved or to whom the incident was reported to and names of any other staff involved or to whom the incident was reported. The register shall also include the details of any police officer who attend any incident, names and addresses of any witnesses and confirmation as to whether there is CCTV footage of the incident. This register shall be made available for inspection by West Yorkshire Police or Local Authority Enforcement Officers immediately upon request.
10.2 The register will contain consecutively numbered pages in a bound format and include the date, time and location of the incident, details of the nature of the incident, the names and SIA badge numbers of any door staff involved or to whom the incident was reported to and names of any other staff involved or to whom the incident was reported.
10.3 The DPS or nominated manager will inspect the incident register on a weekly basis to ensure that the document is being maintained correctly. The DPS or nominated manager will sign and date an entry accordingly to verify the above.
10.4 A refusal log shall be kept on the premises and all refused sales recorded. The log shall be checked and counter signed by the Designated Premises Supervisor (DPS) each week.
11. Noise
11.1 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.
Licensees 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.
11.2 All external doors and windows to the room/s where entertainment is being provided shall remain closed during the course of the entertainment, other than for normal access and egress.
11.3 No speaker used to relay amplified music, singing and speech provided as part of the entertainment shall be positioned outside the building structure of the premises, nor shall any speaker be positioned internally such that the sound is directed through external doors, windows or other openings in the structure.
11.4All external areas of the premises (beer gardens, patios, roof terraces etc.) must not be used by customers between the hours of 23:00 and 09:00.
11.5 The disposal of waste bottles into external receptacles shall not take place between the hours of 21:00 and 09:00.
11.6 A sign shall be located at the exits requesting customers leaving the premises to do so quietly and with consideration to neighbours.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plan.