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.
Conditions Consistent with the Operating Schedule
1. The premises will liaise with the District Council and Police authorities as necessary to further the licensing objectives.
2. Due to location, nature of functions and clientele Door Supervisors will not normally be required particularly if the function is private but if in the opinion of the Premises supervisor supervision is required, such Door Supervisor will be:-
a) Registered with Security Industry Authority.
b) Will display a correct name badge.
c) Will carry proof of registration.
d) Will be used on a ratio to be agreed by the Relevant Authorities which is currently 1:75.
e) There will be no less than two Door Supervisors.
f) They will be in attendance at the premises from 10.00 pm until 30 minutes after the function ends
3. Due to its location and clientele it is not necessary to have CCTV but if required by the police CCTV will be operated and maintained to the satisfaction of the Police and Local Authority.
4. Recording would be retained for one month or such other periods as may be required by the Relevant Authorities.
5. The CCTV equipment will be checked on a regular basis.
6. If the CCTV is inoperative the Police and Local Authority will be informed as soon as possible and immediate steps taken to restore the equipment to full working order.
7. A notice will be displayed at the entrance to the premises advising that CCTV is in operation.
8. With the exception of wine, alcohol and soft drinks will be served in plastic or toughened glasses.
9. If glass bottles are used the contents will be decanted into a plastic or toughened glass.
10. All bottles to be served to the customers will be made of plastic.
11. No customer carrying open or sealed bottles or glasses will be admitted to the premises at any time.
12. All bottles and glasses will be removed from public areas and the grounds on a regular and frequent basis.
13. A proof of age policy to the satisfaction of the police and licensing authority will be in place.
14. Irresponsible drinks promotions will not be permitted, and the Standards for the Management of Standard Drinks Promotions produced by the British Beer and Pub Association will be complied with.
15. The Tytherleigh Arms has a zero tolerance to illegal drugs and its use or supply on the premises will result in:
a) Report to the police
b) Banning from the premises
16. Drug awareness courses will be undertaken by staff as the opportunity presents itself.
17. A ‘customer code of conduct’ poster will be displayed warning customers that if they act in an inappropriate manner they could be barred from all licensed premises in the vicinity.
18. A notice will be displayed stating clearly that children under 16 must be in the company of a parent/guardian or responsible adult and must leave the bar area by 9:00 pm.
19. The Tytherleigh Arms will continue to receive reports via the Devon and Cornwall Constabulary Incident System.
20. The Tytherleigh Arms will continue to be a member of the Axminster LVA.
21. The Axminster LVA banning scheme is imposed as required.
22. All exit doors will be easily operable without the use of a key card code or similar means and will be available for egress while the public are on the premises.
23. Means of escape will be maintained unobstructed immediately available and clearly identifiable.
24. Exit doors will be regularly checked to ensure they function satisfactorily. Records of these checks will be kept and produced on request.
25. All fire doors will be maintained effectively self-closing and shall not be held open other than by approved devices.
26. All gangways, exit ways, treads of steps or stairways will be maintained with non-slippery and even surfaces.
27. All floor coverings will be secured and maintained so they will not ruck.
28. Mats will be fitted into a mat well so as to be flush with the floor surface.
29. Hangings, curtains and temporary decoration will be maintained in a flame retardant condition.
30. Upholstered seating will be fire retardant and compliant with current Fire Safety Regulations.
31. Notices detailing the action to be taken in the event of a fire or other emergency will be prominently displayed and maintained in good condition.
32. Access will be provided for emergency vehicles and this access will be kept clear and free from obstruction.
33. Fire drill and emergency lighting tests will be conducted monthly. Records of these tests will be made available to the Licensing Authority upon request.
34. All fire exits and means of escape will be signed in accordance with BS5499.
35. Wall and ceiling finishes will be fire resistant.
36. When disabled people are present adequate arrangements will exist to enable their safe evacuation in the event of an emergency.
37. Adequate and appropriate supply of First Aid equipment and materials will be available on the premises.
38. There shall be a nominated named First Aider.
39. The First Aid equipment and materials will be checked at least once a month.
40. The emergency lighting which has been installed to the satisfaction of the Fire Officer will be maintained in efficient working order and be in operation during the whole time that the public are on the premises.
41. Fire Safety signs will be adequately illuminated.
42. Emergency lighting will not be altered without the approval of the Fire Officer.
43. Emergency lighting batteries will be fully charged before the admission of the public.
44. Emergency lighting tests will be conducted monthly.
45. Records of these tests will be made available to the Licensing Authority upon request.
46. All lavatories, urinals and wash basins shall at all times be kept in good order and repair and be properly and effectually cleaned, ventilated and disinfected and supplied with water and all necessary requisites and all doors leading thereto shall be suitably marked.
47. 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.)
48. 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.
49. 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.
50. 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.
51. The Gas System, including appliances, will be inspected and tested by a Gas Safe registered gas engineer annually and a satisfactory Gas Safety Certificate will be obtained.
52. Any oil fired boilers and appliances currently installed on the premises or installed in the future will be inspected and tested annually and an OFTEC certificate of inspection will be obtained.
53. All safety certificates and inspection reports will be kept on site and made available for inspection by officers of relevant statutory bodies.
54. The premises will have a satisfactory NICEIC or ECA periodic emergency lighting report which is renewed annually.
55. An inspection is carried out every year and a new report obtained each time.
56. The premises have suitable public liability insurance in the sum of not less than £2,000,000 (Two Million Pounds).
57. A certificate is obtained at each renewal and displayed at the premises.
58. The premises have a Certificate of Inspection for Portable Fire Fighting Equipment which is renewed annually.
59. The premises have an Environmental Health Policy.
60. A variation of the Premises Licence will be sought for any alteration of the premises which would make it impossible to comply with an Operating Schedule.
61. Free drinking water will be made available at all times the premises is open to the public.
62. A list of local taxi firms and their telephone numbers will be prominently displayed.
63. Any outdoors live or recorded music, the provision of facilities for music and dancing and late night refreshment will cease outdoors at 10:00 PM.
64. Drinking up time is 30 minutes to prevent congestion on departure.
65. Prominent clear and legible notices will be displayed at all exists requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.
66. A crime prevention policy agreed by the Police and Licensing Authority will be in place if requested.
67. A sufficient number of suitable receptacles for refuse storage will be provided.
68. The receptacles will be maintained in a clean condition.
69. Children must leave the bar area at or before 9:00 pm.