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.
Annex 2 - Conditions consistent with the Operating Schedule
1. CCTV
1.1 A tamper resistant CCTV system shall be installed, maintained in working order and operated at the premises.
1.2 CCTV images shall be retained for a period of no less than 28 days.
1.3 Cameras shall be installed and located in all entry and exit points, bar/serving areas, circulation areas and all outdoor areas utilised under the premises licence, cameras should also be installed to cover entrance/ exit to the hotel to enable the capture of images of individuals to be of a standard which allows them to be identified.
1.4 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.
1.5 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.
1.6 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.
1.7 Notices shall be prominently displayed within the premises stating that CCTV is in operation.
2. Door Supervision
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 from 21:00hrs up until the premises are closed.
2.2 The premises licence holder shall ensure that there is an adequate risk assessment of the need for door supervision at the premises before this time, or at any other times, and shall provide any additional door supervision, sufficient to control the entry of persons to the premises and for the keeping of order in the premises when they are used for a licensable activity, in accordance with that risk assessment.
3. CCTV Radio
3.1 At least one working night net/CCTV radio shall be used during trading hours and be on the premises at all times.
4. Prevention of Public Nuisance
4.1 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.
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.
6. Training
6.1 All staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, underage sales, operation of Pontefract Public Space Protection Order, serving alcohol to drunks and Child Sexual Exploitation 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. Bottles
7.1 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.
7.2 Signage shall be displayed stating that no person shall take open vessels or bottles onto the street into the alcohol restriction zone.
7.3 Patrons will only be allowed drinks outside the premises, within the time restrictions of a relevant pavement café licence being in operation. All conditions relevant to a pavement café permission must be adhered to at all times, which include full table service.
8. DPS/Nominated person to be contactable
8.1 The Designated Premises Supervisor must be at the premises, or contactable, at all times during trading hours and a register be maintained on the premises of their contact details.
9. Incident/Refusals Register
9.1 An Incident Log must be maintained and kept at the premises and retained for a period of 12 months on a rolling basis. It must be inspected and endorsed by the DPS monthly and produced to the Police or an 'authorised person' (as defined by the LA'03) or an authorised Trading Standards Officer employed by the Council on demand.
9.2 Such log shall record the following:
(a) All crimes reported to the premises (where relevant to the Licensing Objectives)
(b) Any complaints received (where relevant to the Licensing Objectives)
(c) Any incidents of disorder
(d) Any faults in the CCTV system
(e) Any refusal of the sale of alcohol (e.g., suspected drunkenness, underage or proxy sale) Shall be logged I n the refusals register
(f) Any visit by a relevant authority or emergency services, noting the time, day, date and identify of any visitors by name. (Shall be recorded in the visitor’s book).
9.3 A record shall be kept detailing all refused sales of alcohol. The record should include the date and time of the refused sale and the name of the member of staff who refused the sale. The record shall be available for inspection at the premises by the police or an authorised officer of the Council at all times whilst the premises is open.
9.4 An on -site accident book will be in operation to record any accident/ injury incurred on the premises. This document will be retained for inspection by the store for a period of three years.
10. Children
10.1 All children (as defined in the Licensing Act 2003) shall not be allowed on the premises unless accompanied by an adult at all times.
10.2 All children shall not be allowed to enter or remain on the premises after 20:00hrs indefinitely.
11. Access to Hotel
11.1 There should be no access to the hotel through the bar at any times during licensing hours.
12. Alcohol
12.1 Customers shall only consume alcohol which has been purchased from the premises.
12.2. All alcohol products sold at the premises shall have the relevant UK duty paid label attached.
12.3 No person shall be allowed to leave the premises whilst in the possession of any drinking vessel or open glass bottle, whether empty or containing any beverage.
13. Prevention of public nuisance
13.1 Patrons attending the premises will be reminded of their responsibilities to leave the premises quietly.
13.2 A smoking policy will be available on site for inspection as required.
13.3 Cigarette bins will be provided to encourage smokers to dispose of their cigarettes in a safe manner.
13.4 Signage relating to Taxi services available, including phone numbers, will be displayed at the entrance to the premises.
13.5 All speakers will be positioned as to face away from doors or windows.
Annex 3 - Conditions attached after a hearing by the licensing authority
None
Annex 4 - Plans
See attached plans.