LICENSING ACT 2003

PREMISES LICENCE

Schedule 12

Part A

Part 1 Premises details

Postal address of premises:

16 Barbican Road

Post town: York

Post code: YO10 5AA

Telephone number: 01904 466785

Expiry date: This licence has no expiry date.

Licensable activities authorised by the licence:

Live Music

Recorded Music

Performance of Dance

Other Entertainment

Late Night Refreshment

Supply of Alcohol

The times the licence authorises the carrying out of licensable activities:

Live Music

Indoors

Monday

10:00 - 03:30

Tuesday

10:00 - 03:30

Wednesday

10:00 - 03:30

Thursday

10:00 - 03:30

Friday

10:00 - 03:30

Saturday

10:00 - 03:30

Sunday

10:00 - 03:30

recorded music

Indoors

Monday

10:00 - 03:30

Tuesday

10:00 - 03:30

Wednesday

10:00 - 03:30

Thursday

10:00 - 03:30

Friday

10:00 - 03:30

Saturday

10:00 - 03:30

Sunday

10:00 - 03:30

performance of dance

Indoors

Monday

10:00 - 03:30

Tuesday

10:00 - 03:30

Wednesday

10:00 - 03:30

Thursday

10:00 - 03:30

Friday

10:00 - 03:30

Saturday

10:00 - 03:30

Sunday

10:00 - 03:30

other entertainment

Indoors

Monday

10:00 - 03:30

Tuesday

10:00 - 03:30

Wednesday

10:00 - 03:30

Thursday

10:00 - 03:30

Friday

10:00 - 03:30

Saturday

10:00 - 03:30

Sunday

10:00 - 03:30

late night refreshment

Indoors

Monday

23:00 - 03:30

Tuesday

23:00 - 03:30

Wednesday

23:00 - 03:30

Thursday

23:00 - 03:30

Friday

23:00 - 03:30

Saturday

23:00 - 03:30

Sunday

23:00 - 03:30

Supply of Alcohol

Monday

10:00 - 03:30

Tuesday

10:00 - 03:30

Wednesday

10:00 - 03:30

Thursday

10:00 - 03:30

Friday

10:00 - 03:30

Saturday

10:00 - 03:30

Sunday

10:00 - 03:30

Non-standard timings for the above:

From the end of permitted hours on New Year’s eve to the start of permitted hours on New Year’s Day

An additional hour on the day that British summertime starts

The Opening Hours of the Premises

Monday

10:00 - 04:00

Tuesday

10:00 - 04:00

Wednesday

10:00 - 04:00

Thursday

01:00 - 04:00

Friday

10:00 - 04:00

Saturday

10:00 - 04:00

Sunday

10:00 - 04:00

From the end of permitted hours on New Year’s eve to the start of permitted hours on New Year’s Day

An additional hour on the day that British summertime starts

Where the licence authorises supplies of alcohol whether these are on and/or off supplies:

On and off the premises

Part 2

Name, (registered) address, telephone number and email (where relevant) of holder of premises licence:

Name: Mr Kheng Chooi Koay

Address: 28 St Philips Grove

York

YO30 6JP

Telephone number: 07920 031111

Email address:

Registered number of holder, for example company number, charity number (where applicable):

Not applicable

Name, address and telephone number of designated premises supervisor where the premises licence authorises for the supply of alcohol:

Name: Mr Kheng Chooi Koay

Address: 28 St Philips Grove

York

YO30 6JP

Telephone number: None

Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol:

HDC 1084 Hambleton DC

Annex 1 – Mandatory conditions

MANDATORY CONDITIONS IN RELATION TO THE SUPPLY OF ALCOHOL

1. In accordance with section 19 of the Licensing Act 2003, where a premises licence authorises the supply of alcohol, the licence must include the following conditions.

2. The first condition is that no supply of alcohol may be made under the premises licence -

a) at a time where there is no designated premises supervisor in respect of the premises licence, or

b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

3. The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

4. (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 –

a) 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);

b) 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;

c) 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;

d) 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;

e) 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).

5. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

6. (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 18 years 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) a holographic mark, or

b) an ultraviolet feature.

7. The responsible person must ensure that –

a) 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 –

i. beer or cider: ½ pint;

ii. gin, rum, vodka or whisky: 25ml or 35ml; and

iii. still wine in a glass: 125ml;

b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

c) 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.

MANDATORY CONDITION - ALCOHOL PRICING

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 –

P is the permitted price,
D is the rate 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
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 –

the holder of the premises licence,
the designated premises supervisor (if any) in respect of such a licence, or
the personal licence holder who makes or authorises a supply of alcohol under such a licence;

d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

e) “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 paragraph 2 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.

MANDATORY CONDITION: DOOR SUPERVISION

1. In accordance with section 21 of the Licensing Act 2003 (as amended by section 25 Violent Crime Reduction Act 2006), where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must -

a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or

b) be entitled to carry out that activity by virtue of section 4 of that Act.

2. But nothing in subsection (1) requires such a condition to be imposed -

a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c.12) (premises with premises licences authorising plays or films), or

b) in respect of premises in relation to –

any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence, or
any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

3. For the purposes of this section -

a) "security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies, and which is licensable conduct for the purposes of that Act (see section 3(2) of that Act), and

b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

Annex 2 – Conditions consistent with the operating schedule

1.A digital colour CCTV system will be installed to cover the premises and recorded coverage will include all areas (including outside areas) to where public have access to consume alcohol.

· It will be maintained, working and recording at all times when the premises are open.
The recordings should be of good evidential quality to be produced in Court or other such hearing.

· Copies of the recordings will be kept available for any Responsible Authority for 28 days. Subject to Data Protection requirements.

· Copies of the recordings shall be made available to any Responsible Authority within 48 hrs upon request. Subject to Data Protection requirements.

· Copies of the recordings will display the correct time and date of the recording.

It is the responsibility of the management to ensure that there are sufficient members of staff available during the hours of operation to be able to download evidence from the CCTV system at the request of the police or responsible authority. Subject to Data Protection requirements.

2. Documented staff training will be given regarding staff’s obligation under the Licensing Act in respect of the:-

· Retail sale of alcohol

· Age verification policy

· Conditions attached to the Premises Licence

· Permitted Licensable activities

· The Licensing objectives and

· The Opening Times of the venue.

Such records shall be kept for a minimum of one year and will be made available immediately upon request from any Responsible Authority.

3. A Refusals Register and Incident Report Register will be kept. Such documents will record incidents of staff refusals of alcohol sales to under-age or drunk people as well as incidents of any anti-social behaviour and ejections from the premises.

Such records shall be kept for at least one year. [For the avoidance of doubt, the one year period relates to each respective entry in the log book and runs from the date of that particular entry]: They will be made available immediately upon a reasonable request from any responsible authority.

4.The premises shall operate as a restaurant and karaoke bar and not as a vertical drinking establishment providing food and non-alcoholic drinks.

5.There shall be a minimum of 60 table covers available at all times on the ground floor

6.A min of 2 SIA registered door staff shall be provided at the premises from 2400 hours to the close of business Fridays, Saturdays, Sunday’s leading in to a bank holiday and any day where a Race meeting is held at York Racecourse (save for the Family meeting held in September and the first meeting in May).

7.At all other times the need for SIA registered door staff shall be determined in accordance with a risk assessment, to be carried out by the Designated Premises Supervisor and or the Premises Licence Holder. When employed, door staff will wear high visibility arm bands

8.When SIA Door Supervisors are on duty, they shall sign in and out of the premises in a register and shall provide their full name and SIA number.

9.It is the responsibility of the Designated Premises Supervisor / Manager on duty for risk assessing the need for SIA Door Supervisors at the premises. Special consideration should be given to the need for Door staff on Fridays/Saturdays or any Sunday leading into a bank holiday Monday and any days where race meetings are held at York Racecourse.

10.The sale of alcohol shall cease 30 minutes before close of business on any given day to allow for ‘drinking up’ time.

11.Clear and legible notices shall be displayed at all exits requesting patrons to respect the needs of local residents and to leave the premises and area quietly

12.The licence holder will operate a Challenge 25 Age Verification Policy at the premises.

13.The only acceptable proof of age identification shall be a current Passport, photo card Driving Licence, Military ID card, or identification carrying the PASS logo (until other effective identification technology e.g thumb print or pupil recognition, is adopted by the Premises Licence Holder).

14.Alcoholic drinks purchased on the premises may only be taken off the premises in sealed containers.

15. No drinks or drinking glasses shall be taken out of the licensed premises or (licensed area) onto the pavement or highway.

16. The outside area will be regularly cleared and kept tidy.

17. The premises licence holder will operate a full HR management system where all relevant documents are stored for each individual member of staff.

18. All copies of relevant documents for members of staff will be retained for a period of 24 months post termination of employment and will be made available to Police, Immigration or Licensing Officers on request.

19. The premises licence holder will work with Peninsula (or any other HR company) to carry out checks on the Home Office website and verify identification documents such as right to work documents to ensure that all new members of staff can be legally employed.

20. No new member of staff will be able to work at the premises unless they have provided satisfactory proof of identification and right to work.

21. After 00:00hrs the only door used by members of the public to enter the premises

shall be the main door on to Barbican Road.

22. Last public entry to the premises shall be 00:00hrs. For the purpose of clarity no

members of the public will be allowed entry to the premises after 00:00hrs until the

close of business (this does not prevent re-entry to customers who have left the

venue to smoke).

23. Where the karaoke rooms are being used there shall be at least one member of staff permanently situated on each floor of the venue on which the room is being used and the member of staff will monitor the rooms that are in use and will enter each room that is occupied no less than every 30 minutes.

24.The members of staff situated on the first and second floor shall be in direct radio link with the door staff and will ensure that all alcohol consumed in the karaoke rooms is served by way of waiter/ waitress service. All users of the karaoke rooms will have evidence of their room hire on their food bill as suitable evidence of food purchase and use of the karaoke rooms will be limited to customers who have consumed a meal in the restaurant, excluding snacks. No dancing is to take place on the ground floor of the building at any time.

25.After 00:00hrs customers who have left the venue to smoke shall be monitored by a Door Supervisor in a clearly demarked area at the front of the venue which will not block the footpath.

26.Prominent clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and area quietly.

27.A direct contact number for the duty manager shall be made available to residents living in the vicinity of the premises on request.

28.The use of external areas shall be restricted to 10:00hrs – 23:00hrs each day. After this time, customers shall only be permitted at the front of the property, fronting onto Barbican Road, for the purpose of smoking.

29.A detailed noise management plan shall be devised prior to the premises operating. The plan should be submitted and agreed by the local licensing authority to their reasonable satisfaction prior to its implementation. It shall show how nearby residential properties will be protected from noise generated at the premises. The agreed noise management plan shall be implemented at all times during regulated entertainment.

30.Drinking glasses of any type will not be allowed to enter or leave the premises whilst under the customers care.

31.All doors and windows shall be closed during regulated entertainment or, when entertainment is not provided after 2300 each night – except for ingress and egress.

Annex 3 – Conditions attached after a hearing by the licensing authority

1.Coaches attending the premises must not park, idle, pick-up, or drop-off on either Barbican Road or Wellington Street at anytime.

2.Coach noise is to be assessed via the noise management plan.

3.A leaflet containing the premises duty manager(s) contact details and the City of York Council’s noise patrol contact details must be provided to all properties on Barbican Road, Wellington Street, Lawrence Court and Barbican Mews prior to the premises operating, and each October thereafter.

4.The smoking area for the premises is to be assessed and agreed by the Council’s Public Protection team.

Annex 4 – Approved Plan

Plan Number: B.R. (16)/ O1 July 2012

For and on behalf of Date: 29/04/2021

The Corporate Director of Place

Licensing Services Phone: 01904 552422

Hazel Court EcoDepot Fax: 01904 551590

James Street Email: licensing@york.gov.uk

York Website: www.york.gov.uk/licensing

YO10 3DS

PREMISES LICENCE SUMMARY

Part B

Part 1 Premises details

Postal address of premises:

16 Barbican Road

Post town: York

Post code: YO10 5AA

Telephone number: 01904 466785

Where the licence is time limited the date:

This licence has no expiry date.

Licensable activities authorised by the licence:

Live Music

Recorded Music

Performance of Dance

Other Entertainment

Late Night Refreshment

Supply of Alcohol

The times the licence authorises the carrying out of licensable activities:

Live Music

Indoors

Monday

10:00 - 03:30

Tuesday

10:00 - 03:30

Wednesday

10:00 - 03:30

Thursday

10:00 - 03:30

Friday

10:00 - 03:30

Saturday

10:00 - 03:30

Sunday

10:00 - 03:30

recorded music

Indoors

Monday

10:00 - 03:30

Tuesday

10:00 - 03:30

Wednesday

10:00 - 03:30

Thursday

10:00 - 03:30

Friday

10:00 - 03:30

Saturday

10:00 - 03:30

Sunday

10:00 - 03:30

performance of dance

Indoors

Monday

10:00 - 03:30

Tuesday

10:00 - 03:30

Wednesday

10:00 - 03:30

Thursday

10:00 - 03:30

Friday

10:00 - 03:30

Saturday

10:00 - 03:30

Sunday

10:00 - 03:30

other entertainment

Indoors

Monday

10:00 - 03:30

Tuesday

10:00 - 03:30

Wednesday

10:00 - 03:30

Thursday

10:00 - 03:30

Friday

10:00 - 03:30

Saturday

10:00 - 03:30

Sunday

10:00 - 03:30

late night refreshment

Indoors

Monday

23:00 - 03:30

Tuesday

23:00 - 03:30

Wednesday

23:00 - 03:30

Thursday

23:00 - 03:30

Friday

23:00 - 03:30

Saturday

23:00 - 03:30

Sunday

23:00 - 03:30

Supply of Alcohol

Monday

10:00 - 03:30

Tuesday

10:00 - 03:30

Wednesday

10:00 - 03:30

Thursday

10:00 - 03:30

Friday

10:00 - 03:30

Saturday

10:00 - 03:30

Sunday

10:00 - 03:30

Non-standard timings for the above:

From the end of permitted hours on New Year’s eve to the start of permitted hours on New Year’s Day

An additional hour on the day that British summertime starts

The Opening Hours of the Premises

Monday

10:00 - 04:00

Tuesday

10:00 - 04:00

Wednesday

10:00 - 04:00

Thursday

10:00 - 04:00

Friday

10:00 - 04:00

Saturday

10:00 - 04:00

Sunday

10:00 - 04:00

Where the licence authorises supplies of alcohol whether these are on and/or off supplies:

On and off the premises

Name and (registered) address of holder of premises licence:

Name: Mr Kheng Chooi Koay

Address: 28 St Philips Grove

York

YO30 6JP

Registered number of holder, for example company number, charity number (where applicable):

N/A

Name of designated premises supervisor where the premises licence authorises the supply of alcohol:

Mr Kheng Chooi Koay

State whether access to the premises by children is restricted or prohibited

Challenge 25 policy in operation

For and on behalf of Date: 29/04/2021

The Corporate Director of Place

Licensing Services Phone: 01904 552422

Hazel Court EcoDepot Fax: 01904 551590

James Street Email: licensing@york.gov.uk

York Website: www.york.gov.uk/licensing

YO10 3DS