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.
12. Immediately before each exhibition at the premises of a film passed by the British Board of Film Classification there shall be exhibited on screen for at least five seconds in such a manner as to be easily read by all persons in the auditorium a reproduction of the certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the classification of the film.
13. Where a programme includes a film recommended by the licensing authority as falling into the 12A, 15 or 18 category no person appearing to be under the age of 12 and unaccompanied, or under 15 or 18 as appropriate, shall be admitted to any part of the programme; and the licence holder shall display in a conspicuous position a notice in the following terms:
PERSONS UNDER THE AGE OF [INSERT APPROPRIATE AGE] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME.
Where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction. This condition does not apply to members of staff under the relevant age while on-duty provided that the prior written consent of the person's parent or legal guardian has first been obtained.
14. The admission of children to an exhibition of a film where the film classification body or this Council has determined the classification must be restricted in accordance with that classification. The film classification body is the British Board of Film Classification. In this condition children means persons under 18 years of age.
Films must be classified in the following way:
U - Universal. Suitable for audiences aged four years and over.
PG - Parental Guidance. Some scenes may be unsuitable for young children.
12A - Passed only for viewing by persons aged 12 years or older or persons younger than 12 when accompanied by an adult.
15 - Passed only for viewing by persons aged 15 years and over.
18 - Passed only for viewing by persons aged 18 years and over.
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, 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.
2. Door Supervision
2.1 The premises licence holder shall ensure there is an adequate risk assessment in place (in writing) which assesses the need for door supervision at the premises Fridays, Saturdays, and Sundays before bank holidays after 21:00 hours, and/or any times where an arranged event increases capacity. The assessment shall require the licence holder to provide 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.
2.2 The requirement for additional door supervisors on such days and at all other times shall be risk assessed in conjunction with any specific recommendation of West Yorkshire Police by the premises licence holder and door supervisors shall be employed at the premises in such numbers and at such times as deemed necessary by the risk assessment.
2.3 A register of door supervisors shall be maintained at the premises setting out details of door staff employed at the premises on each day they are employed.
3. CCTV Radio
3.1 At least one working night net/CCTV radio shall be used during trading hours.
4. Incident/Refusals log
4.1 An incident log must be kept at the premises. Incident log records will be kept for 12 months from the date the incident occurred.
4.2 The log will be made available immediately upon request to an 'authorised person' as specified by Section 13 of the Licensing Act 2003, an authorised Trading Standards Officer, or the Police, and must record the following:
• all crimes reported to the premises (where relevant to the licensing objectives)
• all ejections of patrons
• any complaints received (where relevant to the licensing objectives)
• any incidents of disorder
• any faults with the CCTV system or searching equipment or scanning equipment
• any refusal of the sale of alcohol
• any visit by a relevant authority or emergency services, noting time, date and purpose and those officials by name.
4.3 The DPS shall inspect and sign the incident log monthly to ensure that it is being properly maintained.
5. Prevention of Public Nuisance
5.1 Prominent clear notices shall be displayed at all exits requesting customers and staff to respect the needs of residents and leave the premises and area quietly.
6. Age Verification
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. Training
7.1 All staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, underage sales, operation of Wakefield City Centre Public Space Protection Order and serving alcohol to drunks training.
7.2 Regular training to all staff shall be undertaken on a 6 monthly basis and recorded.
7.3 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.
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 Seating in the Brasserie/ Courtyard
9.1 A minimum number of seats shall be always maintained during licensed hours as follows:
Inside the Brasserie area 40.
Courtyard area 15 .
10. Children
10.1 Children as defined by the Licensing act shall be always accompanied by a responsible adult whilst the premises are open.
10.2 No children as defined by the Licensing act shall be allowed to remain on the premises after 21:00hrs daily, unless attending a pre-arranged event.
11. On site Off-Sales
11.1 All off sales made from the premises shall be in sealed containers.
12 Public Safety
12.1 All staff upon commencement or employment shall be trained in the ASK FOR ANGELA scheme. The premises shall display signage making customers aware of the safeguarding procedure as directed by the local police licensing team and form part of the staff training records. The premises accept that this will be subject of mystery shop to establish that ASK FOR ANGELA is being promoted.
12.2 Any incident involving ASK FOR ANGELA (including the mystery shop) will be fully documented in the incident register.
13. Additional conditions forEvents/ Boxing/Wrestling or similar
13.1 The Licence Holder shall ensure an Event Management Plan (EMP) will be produced for all Boxing events and events with capacity over 150 and will also notify local police in relation to the event and estimated numbers attending.
The EMP will be a working document providing details of how the event is to be conducted and how safety issues, identified in the event risk assessment, are to be addressed. The EMP will include an event risk assessment and provide specific details on the following (but not exclusive) areas:
• Health and Safety Responsibilities
• Venue and Site Design
• Staff Training
• CCTV
• Fire Safety
• Major Incident Planning (Emergency planning)
• Communication
• Crowd Management (including steward and security numbers and their roles)
• Management Structures
• Barriers
• Electrical Installations and Lighting
• Food and Alcohol
• Use of glassware
• Water
• Attractions and Promotional displays
• Sanitary Facilities
• Waste Management
• Sound: Noise and Vibration
• Special Effects, Fireworks and Pyrotechnics
• Facilities for People with disabilities
• Medical, Ambulance and First Aid Management
• Information and Welfare
• Performers
• TV and Media
The Licence holder shall ensure that stewards, security staff and door supervisors in accordance with the EMP are on site during any event to prevent public disorder and establish crowd control measures.
13.2 All boxing events that take place will be conducted through a relevant/recognised governing body i.e.: The ABA England Boxing.
(for the benefit of any doubt no white collar or bareknuckle boxing events will be allowed at any time)
13.3 The licence holder will ensure that the relevant A&E department is informed of the event together with its timings, venue, and general age range of athletes.
13.4 For all boxing events the last bouts of fighting shall cease no later than 22:00hours.
13.5 For all boxing events specific door supervision for that event must remain employed until 30 minutes after the premises has finished trading to assist in the dispersal of customers
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.