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 Public Entertainment Licence conditions
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. The Licensee shall make efficient arrangements for ensuring that the maximum number of persons permitted to be on the premises at any one time is not exceeded. Such arrangements to include provisions whereby any authorised officer of the Licensing Authority or the Devon Fire and Rescue Service can determine the number of persons present (without a physical count).
3. Throughout the time when the public are in attendance, attendants and stewards shall wear either distinctive clothing or suitable armbands.
4 All persons primarily employed in premises licensed to sell alcohol who vet customers in order to maintain good order shall be approved and licensed by the Security Industry Authority.
5. A register of names of persons on duty to vet customers and maintain good order at any given time, shall be kept on the premises and made available to a Police Officer or a duly authorised officer of the Licensing Authority on request by either of those officers.
6. A procedure to be followed in the event of fire or other emergency shall be devised.
7. 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.
8. Before carrying out any alterations to the premises, including the wall and ceiling linings or any material alteration in the furnishings or in the internal arrangement of the premises, or equipment with which the premises are provided, 28 days written notice must be given to the Licensing Authority and to the Fire Authority.
9. Any alterations, modifications or extensions to the electrical installation with which the premises are provided shall be carried out by a competent electrician and shall be strictly in accordance with I.E.E. Regulations and any portable electrical equipment or appliances used in the premises shall be in efficient working order and correctly wired and connected.
10. In the case of any outbreak or suspected outbreak of fire the Devon Fire and Rescue Service shall be called immediately.
11. A conspicuous notice clearly stating the location of the nearest telephone and the correct method of summoning the Devon Fire and Rescue Service shall be displayed in the foyer of or entrance to the premises.
12. No explosive or highly inflammable material shall be brought into the premises and any curtains1 drapes or other decorative materials introduced into the premises shall either be inherently non-flammable or comply with B.S. 5867: part 2, type 2.
13. No portable heating appliances shall be permitted on the premises during the time they are used for the purpose to which this Licence applies.
14. 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.
15. 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.
16. All 'exit' signs shall be maintained in a good state of repair.
17. The use of naked lights or flames during performances is prohibited unless prior written consent of the Licensing Authority has been obtained.
18. 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.
19. (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.
20. If the premises are to be used for any entertainment involving a closely seated audience the Licensing Authority must have approved the seating arrangements in writing. Before such approval can be given, copies of a plan showing the proposed seating arrangements shall be submitted to the Licensing Authority and to the Fire Authority.
21. Notwithstanding the foregoing condition: -
(a) In any premises exclusively used for a closely seated audience all seats shall be securely fixed to the floor.
(b) In premises not exclusively used for a closely seated audience, chairs, if provided shall be battened or otherwise securely fixed together to the satisfaction of the Licensing Authority in lengths of not less than four nor more than twelve chairs, and if more than 400 people are to be accommodated the chairs or seats adjoining any gangway shall be securely fixed to the floor.
(c) There shall be an unobstructed seatway or space of at least 12 inches (300 mm) measured between perpendiculars between the back of one seat and the front of the seat immediately behind.
(d) The maximum number of chairs or seats in any row shall not exceed:-
(i) Seven where there is a gangway at one end only of the row, and
(iI) Fourteen where there is a gangway at each end of the row except that the number of seats in a row served by only one gangway may be increased to eleven if the seatway is increased by one inch (25 mm) for each additional seat over seven and the number of seats in a row served by two gangways may be increased to 22 if the seatway is increased by one inch (25mm) for each additional seat or pair of seats over fourteen.
22. 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 Fire and Rescue Service in uniform shall be given free ingress to the premises for the purpose of inspection.
22. 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.
23. The use of the premises hereby licensed shall not be or become a nuisance to nearby residents or passers by.
24. The volume of any apparatus used shall be under the control of the Management, from a part of the premises, which is not accessible to the public.
25. 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.
26. The Fire Officer's recommendations (if any) shall be strictly observed.
27. All fire fighting equipment with which the premises are provided shall be maintained in efficient working order.
28. The fire warning system (if provided) shall be maintained in efficient working order.
29. 1. Any exhibition, demonstration or performance (hereafter referred to as a “performance") of hypnotism (as defined in the Hypnotism Act 1952) on any person requires the express written consent of the licensing authority and must comply with any attached conditions. The authority may consent either under the terms of a public entertainments licence or under the provisions of the Hypnotism Act 1952.
2. An application for consent under Condition 1 shall be in writing and signed by the applicant or his agent and shall normally be made not less than 28 days in advance of the performance concerned. This period may be reduced in the case of a hypnotist who has performed at the same venue within the last three years without any problems occurring. The authority will normally respond within 7 - 14 days: less where the hypnotist has previously performed at the same venue. The applicant must at the same time forward a copy of the application to the chief officer of police: and the authority may also copy it to the local fire authority if it considers this necessary.
3. The application shall contain the following:
(a) the name (both real and stage, if different) and address of the person who will give the performance (hereafter referred to as the "hypnotist"), along with details of their last three performances (where and when): and
(b) a statement as to whether, and if so giving full details thereof, the hypnotist has been previously refused, or had withdrawn, a consent by any licensing authority or been convicted of an offence under the Hypnotist Act 1952 or of an offence involving the breach of a condition regulating or prohibiting the giving of a performance of hypnotism on any person at a place licensed for public entertainment. (Refusal of consent by another authority does not necessarily indicate that the particular hypnotist is unacceptable and will not of itself prejudice the application.)
4. The following conditions shall apply to any consent given:
(a) No poster, advertisement or programme for the performance which is likely to cause public offence shall be displayed, sold or supplied, by or on behalf of the licensee either at the premises or elsewhere:
(b) Every poster, advertisement or programme for the performance which is displayed, sold or supplied shall include, clearly and legibly, the following statement: “Volunteers, who must be aged 18 or over, can refuse at any point to continue taking part in the performance."
(c) The performance shall be covered to a reasonable level by public liability insurance. The hypnotist must provide evidence of this to the local authority if requested: and it must be available for inspection at the performance.
(d) The means of access between the auditorium and the stage for participants shall be properly lit and free from obstruction.
(e) A continuous white or yellow line shall be provided on the floor of any raised stage at a safe distance from the edge. This line shall run parallel with the edge of the stage for its whole width. The hypnotist shall inform all subjects that they must not cross the line while under hypnosis, unless specifically told to do so as part of the performance.
(f) Before starting the performance the hypnotist shall make a statement to the audience, in a serious manner, identifying those groups of people who should not volunteer to participate in it; explaining what volunteers might be asked to perform: informing the audience of the possible risks from embarrassment or anxiety: and emphasising that subjects may cease to participate at any time they wish. The following is a suggested statement, which might be amended as necessary to suit individual styles so long as the overall message remains the same:
"I shall be looking for volunteers aged over 18 who are willing to be hypnotised and participate in the show. Anyone who comes forward should be prepared to take part in a range of entertaining hypnotic suggestions but can be assured that they will not be asked to do anything which is indecent, offensive or harmful. Volunteers need to be in normal physical and mental health and I must ask that no-one volunteers if they have a history of mental illness, are under the influence of alcohol or other drugs or are pregnant."
(g) No form of coercion shall be used to persuade members of the audience to participate in the performance. In particular, hypnotists shall not use selection techniques, which seek to identify and coerce onto the stage the most suggestible members of the audience without their prior knowledge of what is intended. Any use of such selection techniques (e.g., asking members of the audience to clasp their hands together and asking those who cannot free them again to come onto the stage) should only be used when the audience is fully aware of what is intended and that participation is entirely voluntary at every stage.
(h) If volunteers are to remain hypnotised during an interval in the performance, a reasonable number of attendants as agreed with the licensing authority shall be in attendance throughout to ensure their safety.
(i) The performance shall be so conducted as not to be likely to cause offence to any other person in the audience or any hypnotised subject.
(j) The performance shall be so conducted as not to be likely to cause harm, anxiety or distress to any person in the audience or any hypnotised subject. In particular, the performance shall not include: -
(i) any suggestion involving the age regression of a subject (i.e. asking the subject to revert to an earlier age in their life; this does not prohibit the hypnotist from asking subjects to act as if they were a child etc.);
(ii) any suggestion that the subject has lost something (e.g., a body part) which, if it really occurred, could cause considerable distress;
any demonstration in which the subject is suspended between supports (so-called “catalepsy”)
(iv) the consumption of any harmful or noxious substance;
(v) any demonstration of the power of hypnosis to block pain
(e.g. pushing a needle through the skin).
(k) The performance shall not include giving hypnotherapy or any other form of treatment.
(l) All hypnotised subjects shall remain in the presence of the hypnotist and in the room where the performance takes place until all hypnotic suggestions have been removed.
(m) All hypnotic or post-hypnotic suggestions shall be completely removed from the minds of the subjects and the audience before the performance ends. All hypnotised subjects shall have the suggestions removed both individually and collectively and the hypnotist shall confirm with each of them that they feel well and relaxed (the restriction on post-hypnotic suggestions does not prevent the hypnotist telling subjects that they will feel well and relaxed after the suggestions are removed).
The hypnotist shall remain available for at least 30 minutes after the show to help deal with any problems which might arise. (Such help might take the form of reassurance in the event of headaches or giddiness but this condition does not imply that the hypnotist is an appropriate person to treat anyone who is otherwise unwell).
Where - (i) a constable, or
(ii) an authorised officer of the licensing authority, or
(iii) an authorised officer of the fire authority
has reason to believe that a performance is being, or is about to be given, he may enter the venue with a view to seeing whether the conditions on which approval for the performance was granted are being complied with.
Conditions Consistent with the Public Entertainment Licence Additional conditions
1. All persons primarily employed in the premises to monitor customers and maintain good order shall be registered with the Security Industry Authority.
2. 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.
3. 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.
4. 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.
Conditions Consistent with the Operating Schedule
1. The maximum occupancy figure for the whole premises will be 420 persons in agreement with the Licensing Authority and Devon 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. A female door supervisor will be available if searches are to be conducted on female customers.
3. Where there are five or more Door Supervisors on duty, at least one of these will be female.
4. Door supervisors will wear clothing that can be easily and clearly identifiable on CCTV - ie wear a reflective number between 1 and 99 (at least 100mm high) in a prominent position on the upper part of the body.
5. Door supervisors will be in attendance at the entrance of the premises from 7.00 pm until the main exit doors to the premises are closed, and any time when patrons may be queuing for access.
6. CCTV will be installed, maintained and operated to the satisfaction of the Chief Officer of Police and Local Authority.
7. CCTV recordings will be maintained for an appropriate period of time as recommended by the Police and Local Authority.
8. 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.
9. A notice will be displayed at the entrance to the premises advising that CCTV is in operation.
10. CCTV will be registered under the Data Protection Act 1998 with the Information Commissioner.
11. Alcoholic and soft drinks will be served in toughened glass.
12. Alcoholic drinks will only be consumed inside the premises.
13. No customers carrying open or sealed bottles or glasses will be admitted to the premises at any time.
14. No customers will be permitted to take open containers of alcoholic or soft drinks from the premises.
15. All bottles and glasses will be removed from public areas as soon as they are finished with or empty.
16. Radios will be used to provide two way communication between staff, the police and other licensed premises.
17. The radios and equipment will be maintained in working order at all times.
18. The radios and equipment will be on at all times that the premises are open to the public, and will be monitored by the Designated Premises Supervisor or other responsible staff member.
19. All instances of crime and disorder will be reported to the police via CCTV or the radio.
20. Door Supervisors may be required to ensure the capacity limits are controlled.
21. A proof of age policy to the satisfaction of the Police and the Local Authority will be in place.
22. Only photographic ID will be accepted, No ID, No sale policy will be in force.
23. Drinks promotions will not be permitted.
24. An anti-drug policy agreed by the Police and Local Authority will be inn force.
25. A security facility to store controlled drugs will be available.
26. Crime prevention notices will be displayed warning customers of the prevalence of crime which may target them, eg ‘bags should not be left unattended’, watch out for pickpockets’.
27. A detailed ‘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.
28. Any restrictions on the admission of children to the premises will be displayed outside the premises.
29 Persons under the age of 18 years will not be admitted to the premises.
30. Membership of the the local licensees association will be maintained and a representative will attend meetings and participate in all initiatives.
31. A policy will be in force for the management of large groups, ie hen and stag parties. The group will be required to nominate a responsible person to liaise with staff.
32. A secure area for customer’s personal belongings will be made available.
33. Consideration should be given towards providing or having access to food at times when the premises are open for long hours or for regulated entertainment.
34. The Licence Holder 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.
35. Where temporary electrical equipment is to be used, a suitable circuit breaker device will be installed to cover this equipment. The circuit breaker should operate at a current not exceeding 30mA and should comply with BS 4293.
36. The device required to be used by condition 35 above will be tested monthly and details of those tests will be recorded.
37. 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.
38. All safety certificates and inspection reports will be kept on site and made available for inspection by officers of relevant statutory bodies.
39. Free drinking water will be available at all times.
40. When disabled people are present, adequate arrangements will exist to enable their safe evacuation in the event of an emergency.
41. 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.
42. There must be in place an adequate system of control to ensure that the permitted numbers are never exceeded.
43. The sanitary accommodation consists of:
Male WC’s 4 Female Wc’s 9
Male urinals 3 WHB’s 4
WHB’s 3
44. The air management system within the premises will be used during entertainment, as there will be insufficient ventilation when all windows and doors are closed, to prevent noise break out.
45. Special effects such as strobe lighting, smoke, foam, lasers, pyrotechnics, dry ice or bubbles will not be used unless full safety controls are put in place and prior to consideration of guidance and/or following consultation with the Environmental Health Service. The proposed special effects include lasers and strobe lights.
47. All staff shall be staff qualified first aiders.
48. An adequate and appropriate supply of first aid equipment and materials will be available for the use of patrons.
49. Suitable protective equipment will be provided to deal with hypodermic needles, blood spillages and other body fluids.
50. Procedures will be in place to ensure that body fluids are dealt with in a safe manner to avoid the risk of communicable disease.
51. Gangways, exit routes and steps will be maintained in good order with non-slippery and even surfaces, edges of steps and stairways will be conspicuously marked.
52. Where glazing forms part of windows, walls or partitions below waist height it will be constructed of safety materials.
53. Where glazing forms part of a door or side panel at below shoulder height it will be constructed of safety materials.
54. Sufficient numbers of door staff/stewards who are suitably trained will be provided on the premises, depending on the activities or entertainment taking place on site and the likelihood of overcrowding.
55. CCTV will be provided to enhance the safety of patrons and staff where deemed appropriate.
56. All staff have received suitable training as to what to do in an emergency and in general safety precautions.
57. The manager or senior member of staff check the premises prior to opening to ensure there are no risks to patrons and that all safety precautions are in place. (A formal checklist should be considered and records kept, particularly in larger premises).
58. The provision of plastic glasses and bottles will be reviewed depending on the type of entertainment provided, the number and behaviour of patrons attending.
59. Regular glass and bottle collection will be undertaken throughout opening hours.
60. A means of addressing patrons during operating hours, which can be heard above entertainment, or a means of interrupting the entertainment to make important safety announcement will be available.
61. Lasers will not be used on the premises without prior consultation with the Environment Health Service, and compliance with HS(G) 95.
62. The patrons/audience will not be exposed to an event Leq 107dB(A) and the peak sound pressure level should not exceed 140dB. Where the event Leq is likely to exceed 96 dB(A)
63. 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 likely to give rise to noise.
64. Suitable signage will be displayed at the exit to request the co-operation of patrons, in particular to make as little noise as possible when leaving the premises.
65. Patrons will be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity quickly and quietly.
66. An announcement will be made prior to closing requesting patrons co-operation in leaving the premises and vicinity as quietly and quickly as possible.
67. A noise limiting device will be installed, fitted and maintained in such a manner as to control all sources of amplified music from the premises.
68. Door staff will be positioned at exits particular at closing times.
69. The entrances will be maintained with lobbies with automatic door-closers. The lobbies are in use throughout the time of entertainment.
70. The emergency exits will be well fitted and kept shut during opening hours.
71. Staff will check prior to entertainment, and periodically during the entertainment, that all windows and doors are shut.
72. A senior member of staff (manager) will assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment.
73. Management will control the sound levels of the music/entertainment.
74. To prevent entertainment being intrusive noise emanating from the premises will not exceed 5dBA in any octave bank for a 5 minute Leq above background level at the façade of the nearest residential property.
75. Between 11.00 pm and 12 midnight to prevent the entertainment being intrusive, noise emanating from the premises will not be clearly distinguishable above other noise 1 metre from the façade of the nearest residential property.
76. Between 12 midnight and 2.00 am noise emanating from the premises will not be distinguishable above background levels 1 metre from the façade of the nearest residential property. (You should not be able to hear your music above normal background noise levels, and only faintly hear it during lulls in noise levels).
77. After 2.00 am until 8.00 am total sound containment within the premises. (Noise will not be audible 1 metre from the façade of the nearest residential premises).
78. Music will be reduced/switched off half an hour before closing time to allow people to relax, acclimatise and adjust their hearing.
79. Provision of mechanical ventilation and air conditioning system will not allow noise break out from the premises or cause a nuisance by its operation.
80. Where plant and machinery has the potential to cause a noise problem it will be positioned in such a way that the building structure provides as much screening as possible for nearby noise-sensitive properties. Alternatively, or additionally, control measures such as acoustic enclosures, acoustic louvers, silencers, or additional acoustic screening will be considered.
81. Regular maintenance will be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.
82. Regard will be had to BS 4142 rating industrial noise affecting mixed residential and industrial areas and the Institute of Acoustic good practice guide on the control of noise from pubs and clubs.
83. The delivery of goods will be restricted to the normal working day.
84. The delivery of goods will be limited in number and/or frequency.
85. The handling of beer kegs, bottles and other similar items will not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside buildings.
86. Bottle skips and bins containing cans or bottles will not be emptied outside after closing but will be dealt with the next day during normal office hours.
87. The movement of bins and rubbish outside the premises will be kept to a minimum after 11.00 pm.
88. No music or speech will be relayed by external speakers without the consent of the Licensing Authority.
89. Staff will monitor the use of the car park to ensure patrons do not congregate in this area and cause annoyance.
90. Ventilation equipment will be regularly cleaned and maintained to control the levels of odour generated by the premises.
91. All the rubbish produced by the premises will be stored securely in a designated area or in a bin with a tight fitting and lockable lid.
92. Facilities for depositing litter and the collection of litter generated by patrons will be available and maintained where outside areas are provided for the use of patrons.
93. Advertising of events that will contain nudity and / or striptease will be agreed with the Licensing Authority.
94. No person under 18 will be admitted onto the premises whilst nudity and striptease are taking place.
95. Physical contact will not be permitted between performers, staff and customers.
96. The use of the premises ‘banned list’ (which includes our other club The Grove at Seaton), this also includes bans for anti-social behaviour even if not committed within our premises, will be continued.
97. A Chill-out hour will be promoted at the premises to include discounted soft drinks, slower more mellow music, hot foot.; This to be promoted by use of posters, tv monitors and bar staff offering a discounted soft drink alternative or shandys etc.
98. Entry or the service of alcohol will be refused to anyone drunk or appearing to be drunk or aggressive.
99. Body searches will be undertaken for drugs and/or weapons.
100. The extent of the area within which the various licensable activities will be permitted is as outlined in Blue on the plan deposited with and approved by the Licensing Authority.