ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
Embedded Conditions Consistent with the Licensing Act 1964
1. The permitted hours to sell alcohol on this licence do not prohibit or restrict on the licensed premises the sale or supply to, or consumption of alcohol by, any person residing on the premises.
2. The permitted hours to sell alcohol on this licence do not prohibit or restrict the taking of alcohol from the premises by a person residing there.
3. The permitted hours to sell alcohol on this licence do not prohibit or restrict the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by them at their own expense, or the consumption of persons so supplied.
4. The permitted hours to sell alcohol on this licence do not prohibit or restrict the supply of alcohol for consumption on premises to persons employed there for the purposes of the businesses carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
5. The permitted hours to sell alcohol on this licence do not prohibit or restrict the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces.
Conditions Consistent with the Public Entertainment Licence
1. All lavatories, water closets or urinals shall at all times be kept in good order and repair and be properly and effectually cleansed, ventilated and disinfected and supplied with water and all necessary requisites and all doors leading thereto shall be suitably marked.
2. A procedure to be followed in the event of fire or other emergency shall be devised.
3. All persons employed to work in the premises and all attendants and stewards shall be given instruction and training in the procedure to be followed in the event of fire or other emergency.
4. The licensee shall be responsible for organising the training of staff and all attendants and stewards shall be responsible for co-ordinating the actions to be taken in the event of fire or other emergency. Effective arrangements shall be made for a nominated deputy to carry out the above duties.
5. All means of escape, i.e. corridors, gangways, passages, stairways, exitways, etc. shall be kept free from obstruction at all times when members of the public are on the premises.
6. All stairs and steps shall be maintained with non-slippery and even surfaces and any stair coverings shall be secured and maintained so that they will not in any way be a source of danger to persons escaping in case of fire.
7. In the case of any outbreak or suspected outbreak of fire the Devon and Somerset Fire and Rescue Service shall be called immediately.
8. A conspicuous notice clearly stating the location of the nearest telephone and the correct method of summoning the Devon and Somerset Fire and Rescue Service shall be displayed in the foyer of or entrance to the premises.
9. No portable heating appliances shall be permitted on the premises during the time they are used for the purpose to which this Licence applies.
10. The use of pyrotechnics shall be permitted only after consultation and with the agreement of the fire authority. In this connection pyrotechnics means the use of apparatus or other devices for the production of smoke, coloured smoke or firework-like effects.
11. The emergency lighting with which the premises are provided shall be maintained in efficient working order and be in operation during the whole time that the public are in the premises. The existing system must illuminate all exit signs, doorways, step and passages forming exit routes from the licensed premises and any other part of the premises specified in the schedule of conditions and shall be independent of the normal lighting system. Oil lamps and candles shall not be used.
12. All 'exit' signs shall be maintained in a good state of repair.
13. The use of naked lights or flames during performances is prohibited unless prior written consent of the Licensing Authority has been obtained.
14. Any doors required to be fire resisting shall be effectively maintained, and where such doors are also required to be self-closing they shall be maintained as such, and shall not be provided with means of holding them in open position, other than automatic releases where these have been specifically approved by the Licensing Authority.
(i) The doors of any doorway through which persons might have to pass to leave the premises shall be capable of being easily and immediately opened without the aid of a key at all times when members of the public are on the premises.
(ii) All doors fitted with panic bolts or latches shall be prominently indicated by the words 'Push Bar to Open' in block letters in a distinctive colour, preferably white letters on a green background
15. At any time when an entertainment to which this licence applies is being, or is about to be given and at any other reasonable time, a constable, authorised officer of the East Devon District Council, or authorised officer of the Devon and Somerset Fire and Rescue Service in uniform shall be given free ingress to the premises for the purpose of inspection.
16. A log book shall be kept in which there shall be recorded details of tests and maintenance of fire fighting equipment, fire warning system (where applicable) and emergency lighting and the dates on which staff, attendants and stewards received training in the action to be taken in case of fire.
17. The use of the premises hereby licensed shall not be or become a nuisance to nearby residents or passers by.
18. Where volume-limiting devices are required to control the amplification of sound, they shall be effectively operated and maintained to ensure that the volume does not exceed the permitted sound level.
19. The Fire Officer's recommendations (if any) shall be strictly observed.
20. All fire fighting equipment with which the premises are provided shall be maintained in efficient working order.
21. The fire warning system (if provided) shall be maintained in efficient working order.
Conditions Consistent with the Public Entertainment Licence Additional Conditions
1. Overhead electronic automatic counting devices must be installed, operated and maintained to the satisfaction of the District Council’s Licensing Officer at the entrance/exit of the licensed premises as well as on all levels of the premises.
2. Suitable door staff must be present on the door from 12 midnight until 30 minutes after the end of permitted hours on every day the premises are open.
3. All persons primarily employed in the premises to monitor customers and maintain good order shall be registered with the Security Industry Authority.
4. The Licensee shall ensure that all security personnel employed in the premises wear a current identification badge, issued by the Security Industry Authority in a conspicuous position in front of the upper body.
5. The Licensee shall ensure that where security personnel are employed in the premises, they enter in a register kept for that purpose their full name, Security Industry Authority Badge number (including expiry date), the time that they began their duty and the time that they completed their duty, immediately after doing so. The register shall be kept on the premises at all times and shall be made available for inspection by a police officer or a duly authorised officer of the Licensing Authority. Registers shall be retained for at least 12 months from the last entry.
6. The Licensee shall ensure that all security personnel employed in the premises are dressed in a manner approved by the Licensing Authority.
7. The Licensee shall keep an ‘Incident Report Register’ to the satisfaction of the police and the Licensing Authority, in which full details of all occurrences of violent and/or disorderly conduct involving patrons of the premises and security personnel are recorded. The Register is to be kept on the premises at all times and shall be made available for inspection by a police officer or duly authorised officer of the Licensing Authority. Register shall be retained for at least 12 months from the last entry.
8. All Door Supervisors must only be engaged in duties relating to the safety and welfare of the public on the premises and for controlling ingress and egress to the premises.
9. When the premises are in use the external mains lighting shall be switched on when there is insufficient natural light.
Conditions Consistent with the Operating Schedule
1. The maximum occupancy figure for the whole premises will be 960 persons in agreement with the Licensing Authority and Devon and Somerset Fire & Rescue Service and based on fire safety issues, available floor space and the sanitary accommodation available. This figure is not to be amended without consultation and agreement by those Authorities.
2. When alcohol is being supplied on the premises at the same time as regulated entertainment is being provided suitable door staff shall be employed from when the premises are open until 30 minutes after the end of permitted hours.
3. A Personal Licence Holder nominated by the Designated Premises Supervisor shall be in attendance during the whole of the period that the premises are open to the public and suitable door staff will be in attendance according to the following scale: -
Capacity of premises Number of door supervisors
Under 250 2 including 1 male
250 but not less than 500 3 including 1 male
500 but not less than 750 4 including 1 male
750 but not less than 1000 6 including 2 male
4. CCTV to be installed, operated and maintained on the premises to the satisfaction the Police.
5. If the CCTV equipment is inoperative, the Police and Licensing Authority will be informed as soon as possible and immediate steps will be taken to put the equipment back into action
6. A notice will be displayed at the entrance to the premises advising that CCTV is in operation
7. No customers carrying open or sealed bottles or glasses will be admitted to the premises and no customers will be permitted to take open bottles or glasses from the premises.
8. Used glasses and bottles will be regularly removed from public areas.
9. An anti-drug policy, agreed by the Police and Licensing Authority, will be in force.
10. A secure facility to store controlled drugs will be available.
11. The fire safety measures with which the premises are provided must be maintained in good working order, and their adequacy will be determined on a regular basis, by the carrying out of a fire risk assessment as required by, and in accordance with the Regulatory Reform (Fire Safety) Order 2005. The Designated Premises Supervisor and the Directors of the applicant company understand that safety of occupants is also influenced by numbers of persons present, their disposition and the activities taking place and therefore undertake to maintain a safe occupancy level.
12. There will be full co-operation with the Fire Authority, Police Authority and Licensing Authority in respect of issues of public safety to include consultation when any alterations of the premises are proposed, whether they be to furnishings or structural.
13. Annual inspection will take place of the electrical systems and appliances and they will be tested by a competent person and such inspections will be recorded in an appropriate log and a certificate obtained and retained on the premises for inspection by the Authorities on demand. A competent person will be a qualified electrician who is registered with the ECA or NICEIC.
14. In addition to the above there will also be annual inspection of any gas systems and appliances on the premises by a registered CORGI engineer and an appropriate log and a certificate obtained and retained on the premises for inspection by the Authorities on demand.
15. A first aid box will be on the premises for use by patrons if necessary.
16. Staff on the premises will be aware of any first aid qualified personnel present on the premises and so be able to quickly assist any patron needing such attention. In the event of an ambulance being required staff are trained that this should be requested without delay.
17. All external doors and windows will be kept shut other than for access and egress when events involving music are likely to give rise to noise.
18 Door staff present on the door will endeavour to move patrons leaving the premises on quietly and to avoid ‘mingling’ outside the premises on exit, patrons will be encouraged to move away from the premises quickly and quietly to prevent nuisance to passers by and to residents in the vicinity.
19. The volume of any apparatus used shall be under the control of the Designated Premises Supervisor or such other persons nominated by him.
20. A member of the doorstaff must be positioned at the exit of the premises leading to the garden area to supervise people accessing that area at all times when the premises are open to the public.
21. No alcohol, glasses or bottles must be taken from the premises to the garden area.
22. No alcohol, glasses or bottles must be brought from the garden area into the premises.
23. Amusement with prizes machines must be sited in areas of good supervision by CCTV and staff.
24. Only photographic identification such as passport, prove it card, photographic driving licence will be acceptable as to proof of age.
25. Only persons over 18 years of age shall be allowed on the premises when alcohol is being supplied.
26. When boxing or wrestling is to take place the ring must be constructed by a competent person.
27. When boxing or wrestling is to take place the ring must be inspected by a competent person prior to its use.
28. When boxing or wrestling takes place members of the public must not occupy seats within 2.5 metres of the ring.
29. A first aider must be present at all times when a boxing or wrestling event is taking place from 30 minutes prior to the event to 30 minutes after the event.
30. The Licensing Authority and Devon and Cornwall Constabulary (Licensing Officer) must be notified in writing, at least 21 days prior to the commencement of any event, of any boxing or wrestling events to be held at the premises.
31. The extent of the areas within which the various licensable activities will be permitted are indicated as follows on the plan deposited with and approved by the Licensing Authority: - Regulated Entertainment, Entertainment Facilities and Late Night Refreshment will be provided within the areas shown hatched RED and the Sale of Alcohol will be confined to those areas shown hatched GREEN with the exception of the ‘Cellar’.