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 sale of alcohol to a trader or club for the purposes of the trade or club.
3. The permitted hours to sell alcohol on this licence do not prohibit or restrict the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered.
4. 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.
5. 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.
6. 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.
7. 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.
8. The permitted hours to sell alcohol on this licence do not prohibit or restrict, during the first twenty minutes after the permitted hours, the taking of alcohol supplied in the premises from the premises unless the alcohol is supplied or taken in an open vessel.
9. The permitted hours to sell alcohol on this licence do not prohibit or restrict, during the first twenty minutes after the end of permitted hours the consumption of alcohol on the premises.
10. The permitted hours to sell alcohol on this licence do not prohibit or restrict, during the first thirty minutes after the permitted hours the consumption of alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption ancillary to the meals.
Conditions Consistent with the Premises Operating Schedule
1. There will be a 30 minute wind down period following the cessation of the supply of alcohol on the premises, on the expiry of which the premises will close.
2. If after the expiry of six months from the second appointed date the Licensing Authority serves written notice on the licensee requiring that CCTV be provided it will be installed, maintained and operated to the satisfaction of the Chief Officer of Police and Local Authority and conditions 3 to 6 also complied with.
3. CCTV will be installed, maintained and operated to the satisfaction of the Chief Officer of Police and Local Authority.
4. Recordings will be maintained for an appropriate period of time (generally one month - but to be agreed with Police and Local Authority).
5. If the CCTV equipment is inoperative, the Police and Local 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. Membership of the Local Licensees Association will be maintained.
8. The proprietor will have regular contact with the Licensing Authority and the Devon and Cornwall Constabulary and will have involvement in local crime prevention initiatives.
9. If after the expiry of six months from the second appointed date the Licensing Authority serves written notice on the licensee requiring that door supervisors be provided.
10. Suitable door staff registered with the Security Industry Authority to be employed from 9.00 pm until 30 minutes after the end of the permitted hours on any day that live music or recorded music and any entertainment of a similar nature is planned to take place on the premises with event being open to the public and continuing after midnight.
11. All door staff:
a) Be correctly registered with the Security Industry Authority.
b) Display the correct name badge.
c) Carry proof of registration.
d) Be used at a ratio to be agreed by the Police and Local Authority which is currently 1:75.
e) Will wear clothing that can be easily and clearly identifiable on CCTV - i.e will wear a reflective number between 1 and 99 (at least 100mm high) in a prominent position on the upper part of the body.
12. The fire safety measures with which the premises are provided will be maintained in good working order and their adequacy is determined on a regular basis by the carrying out of a fire risk assessment (as required by and in accordance with the fire precautions (workplace regulations). The applicant understands that the fire safety of occupants is also influenced by numbers of persons present, their disposition and the activities taking place, and therefore undertakes to maintain a safe occupancy limit
13. 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.
14. 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.
15. All means of escape, i.e. corridors, gangways, passages, stairways, exit ways, etc. shall be kept free from obstruction at all times when members of the public are on the premises.
16. No fire safety equipment will be moved without prior approval of the Devon Fire and Rescue Service unless it is to be used in an emergency.
17. The electrical system at the premises, including portable appliances will be inspected and tested annually by a competent person to ensure safety. (The installation will have a full inspection at least every 3 years and be tested annually. A competent person will be a qualified electrician who is qualified to complete works as per the I.E.E. wiring Regulations 16th Edition or is registered with the ECA or NICEIC.)
18. Where temporary electrical equipment is used, a suitable circuit breaker device will be installed to cover this equipment. The circuit breaker will operate at a current not exceeding 30 mA and must comply with BS 4293. The device will be tested monthly and the tests will be recorded in a log kept for the purpose.
19. Temporary electrical wiring and distribution systems will not be installed unless inspected by a suitably qualified electrician. Temporary electrical wiring and distribution systems will comply with BS 7671 or, where applicable BS 7909.
20. Temporary electrical wiring and distribution systems, not installed by a suitably qualified electrician, will be inspected and certified by a qualified electrician before they are put to use.
21. The gas system including appliances will be inspected and tested by a Corgi registered gas engineer annually and a satisfactory Gas Safety Certificate will be obtained.
22. All safety certificates and inspection reports will be kept on site and made available for inspection by officers of relevant statutory bodies.
23. Children not allowed to approach the bar unless as a thoroughfare to other facilities.
24. All children on the premises shall be supervised at all times by a responsible adult over 18 years of age.
25. A proof of age policy agreed by the police and local authority will be enforced.
26. Notices will be displayed in the vicinity of any Amusement with Prizes machines installed in the premises prohibiting use by persons under the age of 18 years.
27. Signs will be prominently displayed clearly stating that alcohol will not be sold to persons under the age of 18 years of age.
28. All external doors and windows will be kept shut, other than for access and egress in all rooms when events involving amplified music or speech or other entertainment give rise to noise.
29. There will be a zero tolerance to drugs and their illegal use, possession or supply on the premises will result in the Police being called and the culprit being reported to the Publicans Association to consider a ban.
30. There will be suitable signs displayed warning about the illegal use of drugs, drink-driving and underage drinking.
31. Suitable signage will be displayed in all outside areas requesting patrons to respect the amenities local residents.
32. An announcement will be made prior to closing requesting patrons’ co-operation in leaving the premises and vicinity as quietly and quickly as possible
33. Suitable signage at the exit to request the co-operation of patrons in particular to make as little noise as possible when leaving the premises.
34. There will be no smoking areas in the restaurant for families.
35. The licensable activities authorised by this licence will be confined to the areas outlined in BLUE on the plan deposited with and approved by the Licensing Authority.