LICENSING ACT 2003

PREMISES LICENCE

 

Schedule 12

Part A

Premises licence number

CYC - 009221

 

 

 
 

 

Part 1 Premises details

Postal address of premises:

 

16 Barbican Road

 

Post town: York

Post code: YO10 5AA

Telephone number: 01904 623134

 

Expiry date: This licence has no expiry date.

 

Licensable activities authorised by the licence:

 

Live Music

Recorded Music

Performances of Dance

Activities like music/dance

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

 

 

Performances 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

 

 

Activities like music/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

 

 

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 Live Music, Recorded Music, Performances of Dance, Activities like Music/Dance, Late Night Refreshment and Supply of Alcohol:

 

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 commences.

 

 

 

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

 

 

Non Standard Timings:

 

 

 

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 commences.

 

 

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 premise licence:

Name:          Mr Zhongle Chen

 

Address:       16 Barbican Road

                   York

                   YO10 5AA

 

Telephone number: None

 

Email address: None

 

 

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

 

Name:          Mr Zhongle Chen

 

Address:       16 Barbican Road

                   York

                   YO10 5AA

 

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:

 

Selby District Council

LN/000006043

 

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 –

(i)   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

(ii)  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 –

(i)  P is the permitted price,

(ii) 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

(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)  “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.

 

 

Annex 2 – Conditions consistent with the operating schedule

Licensing Objectives

 

Prevention of Crime & Disorder

 

1.  CCTV recordings will include, as a minimum, a head and shoulders image of each individual who enters the premises through the main entrance.

 

Protection of Children from Harm

 

2.  There shall be a "Challenge 21" policy in operation at the premises requiring any individual who appears to be under the age of 21 to produce identification to prove that they are over the age of 18, the sale of alcohol being refused where they are unable to do so.

 

3.  The following forms of identification are acceptable: photocard driving licence, valid passport, PASS accredited 'Proof of Age Card', any other form of identification previously agreed with representitives of North Yorkshire Police licensing Unit.

 

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

 

1. Prior to using the karaoke rooms customers must have consumed a meal in the restaurant, excluding snacks.

 

2. Digital colour CCTV will be installed to cover the premises and will include all areas to where public have access for licensable activities and where the public can consume alcohol. For the purpose of clarity this will include all rooms and stairways to which the public have access for licensable activities and where the public can consume alcohol.

 

3.  It will be maintained, working and recording at all times when the premises are open.

 

4. The recordings should be of sufficient quality to be produced in Court or other such hearing.

 

5. Copies of the recordings will be kept available for any Responsible Authority for 28 days.

 

6. Copies of the recordings will be made available to any Responsible Authority within 48hrs of request.

 

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

 

8. All off sales shall be made in sealed containers save for those that are intended for consumption within the building.

 

9. After 24:00hrs the only door used by members of the public to enter the premises shall be the main door on to Barbican Road.

 

10. Last public entry to the premises shall be 24:00hrs.  For the purpose of clarity no members of the public will be allowed entry to the premises after 24:00hrs until the close of business (this does not prevent re-entry to customers who have left the venue to smoke).

 

11. After 24:00hrs 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.

 

12. Two SIA Door Supervisors shall be provided at the venue from 24:00hrs until the close of business, with at least one staffing the main door on to Barbican Road.

 

13. The only acceptable proof of age identification shall be a current passport, photocard driving licence or identification carrying the PASS logo.

 

14. Standard one pint capacity, half pint capacity and “high ball tumbler” drinking glasses will be strengthened glass (tempered glassware) in design whereby in the event of breakage the glass will fragment and no sharp edges are left.

 

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

 

16. Documented staff training will be given regarding the retail sale of alcohol, the conditions attached to the premises licence and the opening times of the venue.

 

17. Such training (referred to in Condition 16) will be refreshed and documented every 6 months.

 

18.  Such training records (referred to in Condition 16) should be kept for at least 3 years.

 

19. Such training records (referred to Condition 16) will be made available for inspection upon request by any Responsible Authority.

 

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

 

21. Both the above documents (referred to in Condition 20) will be kept for at least 3 years.

 

22. Both the above documents (referred to in Condition 20) will be available for inspection upon request by any Responsible Authority.

 

23. 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.

 

24. So as to ensure the Licensing Objective the prevention of crime and disorder is not undermined there shall be a maximum capacity of 100 persons of which there shall be no more that 30 persons on the first floor and no more that 20 persons on the second floor.

 

25. When 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.

 

26. The member of staff shall monitor the rooms that are in use and will enter each room that is occupied no less than every 30 minutes.

 

27. The members of staff situated on the first and second floor shall be in direct radio link with the Door Staff.

 

28. All alcohol consumed in the karaoke rooms shall be served by way of waiter/waitress service.

 

29. No dancing is to take place on the ground floor of the building at anytime.

 

30. All users of the karaoke rooms must have evidence of their room hire on their food bill as suitable evidence of food purchase.

 

31. All doors and windows shall be closed during regulated entertainment or, when entertainment is not provided, after 23:00hrs each night (except for ingress and egress).

 

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

 

33. 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.

 

35. 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.

 

 

 

Annex 4 – Approved Plan - Plan Number BR.(16)/01

 

 

 

 

 

 

 

 

 

 

For and on behalf of                                 Date:   28/09/2005

The Director of Communities                                25/06/2015 (Transfer and DPS Variation)

& Neighbourhoods

 

Licensing Services                                    Phone: 01904 552512

Hazel Court EcoDepot                               Fax:     01904 551590

James Street                                          Email:  licensing.unit@york.gov.uk

York

YO10 3DS                                               Website: www.york.gov.uk/licensing



PREMISES LICENCE SUMMARY

 

Part B

Premises licence number

CYC - 009221

 

 

 
 

 


Part 1 Premises details

Postal address of premises:

 

16 Barbican Road

 

Post town: York

Post code: YO10 5AA

Telephone number: 01904 623134

 

 

Where the licence is time limited the date:

 

This licence has no expiry date.

 

 

 

Licensable activities authorised by the licence:

 

Live Music

Recorded Music

Performances of Dance

Activities like music/dance

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

 

 

Performances 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

 

 

Activities like music/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

 

 

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 Live Music, Recorded Music, Performances of Dance, Activities like Music/Dance, Late Night Refreshment and Supply of Alcohol:

 

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 commences.

 

 

 

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

 

 

Non Standard Timings:

 

 

 

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 commences.

 

 

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 premise licence:

Name:          Mr Zhongle Chen

 

Address:       16 Barbican Road

                   York

                   YO10 5AA

 

 

 

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

 

Mr Zhongle Chen

 

 

 

 

 

 

 

 

 

 

 

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

 

There shall be a "Challenge 21" policy in operation at the premises requiring any individual who appears to be under the age of 21 to produce identification to prove that they are over the age of 18, the sale of alcohol being refused where they are unable to do so.

 

The following forms of identification are acceptable: photocard driving licence, valid passport, PASS accredited 'Proof of Age Card', any other form of identification previously agreed with representitives of North Yorkshire Police licensing Unit.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For and on behalf of                                 Date:   28/09/2005

The Director of Communities                                25/06/2015 (Transfer and DPS Variation)

& Neighbourhoods

 

Licensing Services                                    Phone: 01904 552512

Hazel Court Eco Depot                              Fax:     01904 551590

James Street

York                                                      Email:  licensing.unit@york.gov.uk

Y010 3DS                                               Website: www.york.gov.uk/licensing