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 Home Office guidelines. 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 (FPS).
1.2 Cameras shall be installed and located an all entry and exit points, bar/serving areas and circulation areas. This will enable the capture of images of individuals to be of a standard which allows them to be identified (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 recording shall be kept in date order and retained for a period of at least 31 days.
1.4 Staff shall be trained in the operation of the CCTV system to ensure rapid data retrieval & downloads of footage will be provided to the police and local authority officers on demand.
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 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. 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.
(Advisory Note:-The CCTV System must be registered with Information Commissioners Officer (ICO) to ensure compliance with the Data Protection Act 1998 (DPA).)
2. Training
2.1 All staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, underage sales, serving alcohol to drunks, preventing disorder/conflict management and awareness of any appropriate Orders in the area.
2.2 Regular training to all staff shall be undertaken on a 6 monthly basis and recorded.
2.3 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.
3. Children
3.1 All children (as defined in the Licensing Act 2003) shall not be allowed on the premises unless accompanied by an appropriate adult. All children shall not be allowed to enter or remain on the premises after 20:00hrs with the exception of those attending a pre-booked private function. All children while on the premises shall be properly supervised by an adult.
3.2 Notices will be displayed around the premises stating that it is an offence to purchase alcohol for minors.
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. Open Bottles and Vessels
5.1 No open or sealed bottles or vessels shall be permitted entry to the premises at any time during trading hours.
5.2 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.
6. Door Staff
6.1 A minimum of 1 SIA approved contractor status door supervisor to be employed at the premises every Friday and Saturday weekly and every Sunday before a bank holiday from 21:00 hours.
7. Incident / Refusals Register
7.1 An Incident Report Register shall be maintained and kept on the premises to record all incidents involving the following:-
* Crimes reported to the venue.
* Anti-social behaviour.
* Injury to any persons.
* Any refusal to serve alcohol to patrons and any ejections of any persons from the premises.
* Any failure of the CCTV system to be fully operational.
* Any complaint received by any persons attending the premises and by local residents.
* Attendance at the premises of any members of the Emergency Services.
This list is not exhaustive and would include any incident which could reasonably be seen to have a negative impact on the 4 main Licensing Objectives. This register will be made available to any Police Constable or member of the Local Authority Licensing Enforcement team upon request.
7.2 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.
7.3 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.
7.4 The DPS or nominated manager will inspect the incident/refusals 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.
8. Litter
8.1 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.
9. Noise
9.1 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.
9.2 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 be taken to reduce the volume of the noise.
9.3 All external doors and windows to the rooms where regulated entertainment is being provided shall remain closed during the course of the entertainment, other than for normal access and egress.
9.4 All external doors (including fire exit doors and patio doors) to the premises shall not be propped open during the course of the entertainment, other than for normal access and egress.
9.5 No speaker used to relay amplified music, singing and speech provided as part of regulated 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.
9.6 Prominent, clear notices shall be displayed at all exits requesting customers and staff be displayed at all exits requesting customers and staff to respect the needs of local residents and leave the premises and area quietly.
9.7 All external areas of the premises (beer gardens, patios etc.) excluding use of the designated smoking area adjacent to the front main entrance, must not be used by customers between the hours of 22.00 and 09.00.
9.8 The disposal of waste bottles into external receptacles shall not take place between the hours of 22.00 and 08.30.
9.9 No drinks shall be allowed outside the premises after 22.00.
9.10 After 22.00 a member of the Licence Holders management shall ensure an inspection of the outside of the premises is carried out and each inspection is recorded.
10 Events
10.1 The DPS, or a person authorised by the DPS, shall provide the Police Licensing Department with written notice of any specialist DJ 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.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.