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.
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 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. Cameras shall also be installed and located at the following locations:-
- Bar serving areas
- Circulation areas/seating area
- Entrance to toilet areas
These must be capable of the capture of images of individuals to a minimum of ‘recognising’ as defined in the Information Commissioners Office current CCTV code of practice.
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 during licensable activities 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. Noise
2.1 All external areas of the premises must not be used by customers between 23:00 and 09:00 hours.
2.2 The disposal of waste bottles into external receptacles shall not take place between 21:00 and 09:00 hours.
2.3 A sign shall be located at the exits requesting customers leaving the premises to do so quietly and with consideration to neighbours.
3. External areas
3.1 The external refuse and waste bottle receptacles and the surrounding storage area shall be cleansed on a weekly basis.
3.2 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.
4. Training
4.1 All staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, underage sales & serving alcohol to drunks 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 upon request.
5. Children
5.1 No children (as defined in the Licensing Act 2003) shall be allowed on the premises unless accompanied by an adult at all times.
5.2 No children shall be allowed to enter or remain on the premises after 22:00hrs.
6. Proof of Age Scheme
6.1 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.
7. Food
7.1 Food prepared on the premises shall be available at all times the premises are open to the public.
7.2 A minimum number of 24 covers shall be maintained at all times during licensed hours.
8. Open Bottles and Vessels
8.1 No open or sealed bottles or vessels shall be permitted entry to the premises at any time during trading hours.
8.2 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.
8.3 Signage shall be displayed stating that no persons shall take open vessels or bottles on to the street into the Alcohol Restriction Zone.
9. Incident / Refusals Register
9.1 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.
9.2 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.
9.3 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.
9.4 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.
9.5 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.
10. Off Sales
10.1 Off sales of alcohol will only be made through the restaurant and these will be limited to the sale of bottled or re-corked wine only. No other alcoholic beverages or spirits will be permitted for off-sales from the restaurant.
10.2 The sale of alcohol for consumption off the premises will be ancillary to a takeaway meal with minimum spend of ten pounds and will be in sealed containers only, and shall not be consumed on the premises.
10.3 No sales of alcohol shall be permitted from the Grocery section of the premises.
10.4 Under no circumstances will alcohol be sold as a delivered takeaway order.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.