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. A record shall be kept of the names and registration number of such persons and this record shall include the circumstances including full details of all events that take place during their period of duty.
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, 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. DPS
2.1 The Designated Premises Supervisor or Duty Manager must be at the premises or contactable at all times during licensable activities.
3. Training
3.1 All staff shall receive alcohol sales training during their induction process at the commencement of their employment to include Underage Sales, Drugs Awareness & Serving Alcohol to Drunks.
3.2 Regular training to all staff shall be undertaken twice a year and recorded.
3.3 All staff training shall be recorded and training records maintained and made available immediately or as soon as practicable (which would be acceptable exceptional circumstances such as a computer malfunction) i.e. within 24 hours for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
4. Proof of Age Scheme
4.1 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. Incident / Refusals Register
5.1 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.
5.2 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.
5.3 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.
5.4 The DPS or nominated manager will inspect the incident register on a monthly 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.
6. Alcohol Sales
6.1 Only plastic or polycarbonate drinking vessels are to be used on the Ground Floor area.
6.2 No alcoholic drinks of any description are to be taken or consumed within the Children’s play area.
6.3 No glass drinking vessels or bottles are to be removed from the first floor function room area.
6.4 No ‘Off Sales’
7. Open Bottles and Vessels
7.1 No open bottles or vessels shall be permitted entry to the premises at any time during trading hours.
7.2 No customers shall be permitted to take open bottles or vessels from the premises at any time during trading hours.
8. Covers/Food
8.1 A minimum number of 84 covers on the ground floor, a minimum number of 66 covers on the first floor and a minimum number of 76 covers on the outside area. Covers shall be maintained at all times during licensed hours
8.2 Food prepared on the premises will be available between 0930hrs and 2000hrs daily.
9. Children
9.1 Children shall not be allowed to enter or remain on the premises after 2000hrs unless accompanied by an appropriate adult for a previously booked event, which is recorded in appropriate events book/ diary.
10 Substance Misuse
10.1 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.
10.2 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.
10.3 All items of controlled drugs seized, found or handed to the premises shall be recorded in the incident register.
10.4 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.
11 Door Supervision
11.1 SIA approved contractor status door supervisors will be employed at the premises on every Friday, Saturday and the day before a Bank Holiday from 2000hrs and shall remain on duty until the premises close.
11.2 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;
11.3 At least one female door supervisor shall be on duty at the premises periodically (at least once a month)
12. First Aid
12.1 At least one suitably trained first aider who is responsible for first aid shall be on duty when the public are present and there should be a notice clearly identifying the first aider. For the avoidance of any doubt, “suitably trained first aider” means that the individual has obtained a qualification in first aid and that the provider of this training and qualification is approved by West Yorkshire Police.
12.2 If more than one suitably trained first aider is present at the premises, their respective duties should be clearly defined.
12.3 The licensee shall ensure that there is an adequate and appropriate supply of first aid equipment and material at the premises.
13. Notices
13.1 The DPS, or a person authorised by the DPS, shall provide the Police Licensing Department with written notice of any advertised specialist event. 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. The DPS, or person authorised by the DPS, shall comply with any information requests made by the Police in relation to the specialist event and shall work in conjunction with the Police, complying with any reasonable requests, including the employment of additional door supervisors, to ensure that crime and disorder that may be associated with the event or premises is minimised. For the avoidance of any doubt, the reference to ‘specialist event’ in this condition refers to any event which is designed to attract increased numbers to the premises and/or is likely to have an impact upon policing and police resources.
13.2 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.
13.3 Prominent and clear notices shall be displayed at all exits requiring customers & staff to leave the area quietly.
13.4 Prominent and clear notices shall be displayed in all areas warning people of the dangers of alcohol and water.
14. Litter
14.1 At the end of trading hours on each and every day the premises shall be cleaned of litter, waste and cleansed of any urine, vomit or similar fouling.
15. All external doors and windows to rooms where regulated entertainment (recorded music held after 11pm on Friday and Saturday) is being provided shall remain closed other than for normal access and egress at any time during operating hours.
16. A sign will be displayed in the premises requesting that customers ask drivers of licensed vehicles not to sound their horn when collecting bookings.
17. All external areas of the premises (beer gardens, patios etc) must not be used by customers between the hours of 22:00 and 10:00.
18. Regulated entertainment (After 11pm on Friday and Saturday) shall be monitored every hour at positions adjacent to dwellings in the vicinity of the licensed premises. If noise is clearly audible the licensee shall take action to reduce the level of the noise from regulated entertainment.
19. A written log shall be kept of the monitoring including the date and time when the monitoring took place, the name of the person carrying out the monitoring, the monitoring location, a description of the noise and a description of any remedial action taken. The log shall be retained for a minimum period of 12 months and shall be made available for inspection by persons and officers authorised under the Licensing Act 2003.
20. The emptying of bottle skips must not take place between the hours of 22.00 hours and 09.00 hours.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.