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.
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 always 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. Training
2.1 All staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, underage sales, child sexual exploitation awareness, operation of Pontefract Public Space Protection Order and serving alcohol to drunks training.
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 made available immediately for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
3. Age Verification
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.
3.2 The only acceptable forms of identification are a UK driving licence. Passport, any PASS accredited photographic card or Her Majesty's Forces Warrant Card. Failure to supply such ID will result in no sale or supply of alcohol to that person.
4. Incident Book
4.1. An incident book must be kept on the premises and be made available for inspection by responsible authorities. The incident book must be used to record the following:
· Any incident of violence or disorder on or immediately outside the premises
· Any other crime or criminal activity on the premises
· Any refusal to serve alcohol to persons who are drunk
· Any refusal to serve alcohol to under 18’s or anyone appearing to be under 18
· Any call for police assistance to the premises
· Any ejection from the premises
· Any first aid/other care given to a customer.
4.2. The incident log shall have consecutively numbered pages, the date time and location of the incident, details of the nature of the incident, the names and personal licence numbers (if any) of any staff involved or to whom the incident was reported, the names and numbers of any police officers attending, the police incident and/or crime number, names and addresses of any witnesses and confirmation of whether there is CCTV footage of the incident. The incident log will be retained for a period of 12 months.
5. Refusals Register
5.1. A written register of refusals will be kept including a description of the people who have been unable to provide required identification to prove their age. Such records shall be kept for a period of 12 months and will be collected by the designated premises supervisor and produced to the police or an ‘authorised person’ (as defined by section 13 of the Licensing Act 2003) or an authorised trading standards officer the local authority/council on demand.
6. DPS/Nominated person to be contactable
6.1 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.
7. Door Supervision
7.1 SIA and Approved Contractor status door supervisors shall be employed at the premises and shall be on duty every Friday, Saturday, and Sundays before bank holidays from 21:00hrs up until the premises are closed.
7.2 There shall be a minimum of two door supervisors when the ground floor is open, then a further door supervisor for each floor that opens. To save confusion First Floor and Basement, will require an extra door supervisor if opened, and must remain on duty until each relevant floor is closed.
7.2 . A Door Supervisor Attendance Register must be kept on the premises. This register must be completed by door supervisors and include full name and 16-digit SIA number when they commence and finish duty.
7.3 The premises licence holder shall ensure that there is an adequate risk assessment of the need for door supervision at the premises before this time, or at any other times, and shall provide any 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.
7.4 A relevant Door Supervisor Incident Register must be kept on the premises. This register must be completed by door supervisors and will be kept for a period for at least one year and include the following:
· Consecutively numbered pages.
· The full registration number and full name of the person completing the incident record.
· The date and time and full details of any incident that takes place at the premises
· Full details must be taken of all relevant parties involved, which will include Police, Emergency Services and Local Authority Officers.
7.5 The Registers shall be produced for immediate inspection on request by an official of the SIA, Police or Licensing Authority.
8. CCTV Radio
8.1 At least one working night net/CCTV radio shall be used during trading hours and be on the premises at all times.
9. Food
9.1 Food must be made available for any relevant drinks promotions, such as but not limited too bottomless brunches and afternoon teas.
10. Covers
10.1 There will be a minimum number of 28 seats maintained within the floor area.
10.2 There will be a minimum number of 43 seats maintained within the first-floor area.
10.3 There will be a minimum number of 32 seats maintained within the second-floor area.
11. Bottles
11.1 Patrons permitted to temporarily leave and then re-enter the premises e.g., to smoke shall not be permitted to take any drinks or glass containers with them.
11.2 Signage shall be displayed stating that no person shall take open vessels or bottles onto the street into the alcohol restriction zone.
11.3 Patrons will only be allowed drinks outside the premises, within the time restrictions of a relevant pavement café licence being in operation. All conditions relevant to a pavement café permission must be adhered to at all times, which include full table service.
12. Prevention of Public Nuisance
12.1 Prominent clear notices shall be displayed at all exits requesting customers and staff to respect the needs of local residents and leave the premises and area quietly.
12.2 The venue management will monitor noise levels and adjust where necessary to avoid disruption to neighbours, for example lowering the music volume during the finals hour of trading.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.