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, 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. Training
2.1 All staff shall receive induction training at the commencement of their employment at the premises, including drug awareness, any Public Spaces Protection Order in force in the area, underage sales & 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 for inspection by West Yorkshire Police and Local Authority Enforcement Officers upon request.
2.4 Staff will be trained in asking customers to use premises in an orderly and respectful manner and prevent drinking outside or in toilet areas.
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. Incident / Refusals Register
4.1 An Incident / Refusals Register shall be maintained and kept on the premises to record all incidents involving:-
Refusals of the sale of alcohol.
Crimes reported to the venue
Anti-social behaviour
Injury to any persons
Ejections of patrons from the premises
Any complaints received
Any incidents of disorder
Seizures of drugs or offensive weapons
Visits to the Premises by any Relevant Authority
4.2 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.
4.3 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 of any staff involved and to whom it was reported.
4.4 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.
5. DPS
5.1 The Designated Premises Supervisor must be contactable at all times during trading hours and a register will be maintained on the premises of their contact details.
6. Covers
6.1 There will be a minimum number of 50 covers maintained within the restaurant at any time.
6.2 Food will be available at all times during licensed hours.
7. Notices
7.1 Prominent clear and legible notices will be displayed at the exit requesting the public to respect the needs of nearby residents and to leave the premises and the area quietly.
8. Children
8.1 All children (as defined in the Licensing Act 2003) shall not be allowed on the premises unless accompanied by an appropriate adult at all times.
9. Off Sales
9.1 Alcohol consumed outside the premises shall only be consumed by persons seated at tables which form part of an existing authorised pavement area directly to the front of the building.
9.2 All alcohol sold for consumption off the premises shall be in sealed containers and placed in packaging with the exception of products to which Condition 10.1 relates.
10. Customer dispersal policy
10.1 A customer dispersal policy will be in place to minimise noise disturbance to local residents from customers leaving the premises. The policy will clearly set out measures to avoid a mass exit at the end of the evening.
11. Noise/litter
11.1 The volume of any music will be controlled to ensure that it does not cause disturbance to nearby residents.
11.2 Waste, including bottles, glasses and other items will be collected and disposed of in a timely and proper manor to avoid noise and littering around the premises.
12. Risk assessment
12.1 A risk assessment will be conducted to identify potential sources of nuiscance and will outline strategies to mitigate these risks.
13. Policies
13.1 Clear policies will be developed to manage unruly behaviour, to prevent violence and to deal with patrons under the influence of drugs and alcohol.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.