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.
Annex 2 - Conditions consistent with the Operating Schedule
Embedded Restrictions: -
OFF LICENCES AND OFF SALES DEPARTMENTS OF ON-LICENSED PREMISES
S.60 63 86 - Licensing Act 1964
Permitted Hours
Alcohol shall not be sold or supplied except during permitted hours.
The above restrictions do not prohibit:
a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;
b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
c) the sale of alcohol to a trader or club for the purposes of the trade or club;
d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
OFF LICENCE
S.164 - Licensing Act 1964
Consumption
Alcohol shall not be sold in an open container or be consumed in the licensed premises
CONDITIONS
ON-LICENCES - Permitted Hours
S. 59 60 63 67A 68 70 74 76 - Licensing Act 1964
Alcohol shall not be sold or supplied except during permitted hours.
The above restrictions do not prohibit:
a) During the first twenty minutes after the above hours the consumption of the alcohol on the premises;
b) During the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
c) During the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
d) Consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
e) The ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
f) The sale of alcohol to a trader or club for the purposes of the trade or club;
g) The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
h) The taking of alcohol from the premises by a person residing there; or
i) The supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
j) The supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
ON-LICENCE: NO CHILDREN’S CERTIFICATE
Children In Bars
S.168 171 201 - Licensing Act 1964
No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(1) He is the child of the holder of the premises licence.
(2) He resides in the premises, but is not employed there.
(3) He is in the bar solely for the purpose of passing to or from some part of the premises, which is not a bar, and to or from which there is no other convenient means of access or egress.
(4) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
Opertaing Schedule Conditions
Fire Alarm and Emergency Lighting
The Fire Alarm and Emergency Lighting Systems are to be tested weekly and a written record of these tests is to be kept. Any faults identified and the relevant actions taken to rectify them are to be noted in the record.
Exit Routes
All exit routes must be kept clear and remain free from obstruction at all times.
On event nights, all management are to be present on premises and additional staff employed to oversee and monitor event and customers.
No light displays or smoke machines are to be used on the premises.
Neighbours are to be made aware in advance of the day, date and time of the event to take place and reasonable steps are to be undertaken to avoid disturbance to neighbours.
Persons under 18 years of age are not to be permitted on or to the premises after 20.00 hours.
Persons under 18 years of age must be accompanied by an adult.
Persons under 18 years of age are restricted to the lounge area only and must not be permitted to enter the bar or games room.
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, bar serving areas, circulation areas & seating areas 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 on demand in accordance with the Data Protection Act.
1.5 CCTV shall be active during licensable hours and at least one member of staff who is trained in downloading from the system must also 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. Training
2.1 All staff shall receive induction training at the commencement of their employment at the premises, including underage sales, Drugs awareness & serving alcohol to drunks training.
2.2 Regular training to all staff shall be undertaken on a 12 monthly basis and recorded.
2.3 All staff training shall be recorded and training records maintained and available immediately for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
3. Proof of Age Scheme
3.1 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.
4. Incident / Refusals Register
4.1 An Incident Report Register shall be maintained and kept on the premises to record all incidents involving:-Crimes reported to the venue, anti-social behavior, injury, ejections of patrons from the premises, any complaints received & any incidents of disorder; Any faults in the CCTV system, any refusal of the sale of alcohol & any visit by a relevant authority or emergency service personnel.
4.2 The register shall also include the details of any police officer who attends 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.
4.3 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 of person(s) involved and the names of person(s) to whom the incident was reported to and names of any other staff involved.
4.4 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.
5. DPS
5.1 The Designated Premises Supervisor or a supervising personal licence holder must be at the premises or contactable at all times during trading hours and a register will be maintained on the premises of their contact details.
Annex 3 - Conditions attached after a hearing by the licensing authority
None Applicable
Annex 4 - Plans
See attached plans.