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 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.
1.4 CCTV shall be active during licensable hours and at least one member of staff who is trained in replaying footage from the system must be on the premises during trading hours.
1.5 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 provide recordings in accordance with lawful requirements.
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 underage sales, Drugs awareness & 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 available immediately for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
3. Proof of Age Scheme
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.
4. Children
4.1 All children (as defined in the Licensing Act 2003) shall not be allowed on the premises unless accompanied by an adult at all times.
4.2 The Portman Group Code of Practice for the promotion of alcoholic drinks will be followed and the Home Office guidance on selling alcohol responsibly. A drink, its packaging and any promotional material or activity shall not in any direct or indirect way appeal to under 18s or incorporate images of people who are or look as if they are under 25 years of age where there is any suggestion that they are drinking alcohol.
5. Incident log
5.1 An incident log must be kept at the premises. Incident log records will be kept for 12 months from the date the incident occurred.
5.2 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.
5.3 The DPS shall inspect and sign the incident log monthly to ensure that it is being properly maintained.
6. Refusals register
6.1 A register of refusals will be kept, including 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 DPS and produced to the Police or 'authorised person' or an authorised Trading Standards Officer or an officer of the Local Authority/Council on demand.
7. DPS
7.1 The Designated Premises Supervisor must be at the premises or contactable during trading hours and a register will be maintained on the premises of their contact details.
8. Open bottles and vessels
8.1 No open bottles or vessels shall be permitted entry to the premises at any time during trading hours.
8.2 No customers shall be permitted to take open bottles or vessels from the premises at any time during trading hours.
9. Noise
9.1 Prominent and clear notices shall be displayed at all exits requiring customers & staff to leave the area quietly.
9.2 No deliveries (in relation to licensable activities) to the premises shall take place between 18:00 hours and 07:00 hours.
9.3 No collections of waste or recycling materials (including bottles) from the premises shall take place between 18:00 hours and 07:00 hours on the following day.
9.4 A telephone number shall be made available for neighbours and local residents to contact in the case of noise-nuisance or anti-social behaviour by persons or activities associated with the premises. The telephone number shall be a direct number to the named Designated Premises Supervisor. A record shall be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call. Records shall be made available for inspection and copying by an authorised officer of a responsible authority throughout the trading hours of the premises.
9.5 Taxi operator’s telephone numbers shall be advertised to customers. The operators shall be advised that drivers should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily.
9.6 The licence holder shall ensure all staff leave the premises quietly at the end of their shifts so as to avoid causing disturbance or nuisance to local residents.
10. Alcohol
10.1 Alcohol on display shall be in such a position so as not to be obscured from the constant view of staff.
11. Pubwatch
11.1 The Designated Premises Supervisor shall ensure participation in any Pub Watch or similar scheme operating in the locality and shall attend any meeting convened by the Police to discuss matters relating to the premises.
12. Public safety
12.1 In the absence of adequate daylight, artificial lighting in any area accessible to the public shall be fully operational whilst the public are present.
12.2 All exits/entrances shall be kept clear at all times.
12.3 The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.
12.4 A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours in the surrounding vicinity.
13. Waste etc.
13.1 All waste shall be properly presented and placed out for collection. No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas.
13.2 No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated. Ventilation equipment shall be regularly cleaned and maintained to control the levels of odour generated by the premises.
13.3 The outside area shall be regularly swept and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
13.4 All packaging provided with take away food shall be marked to show its point of origin.
Annex 3 - Conditions attached after a hearing by the licensing authority
None
Annex 4 - Plans
See attached plans.