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. In relation to the morning on which summer time begins the permitted hours actually specified by this licence will be extended by one hour.
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. 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 Designated Premises Supervisor 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. 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.
10. 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.
11. The use of naked lights or flames during performances is prohibited unless prior written consent of the Licensing Authority has been obtained.
12. 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.
13. (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.
14. 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.
15. 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.
16. The use of the premises hereby licensed shall not be or become a nuisance to nearby residents or passers by.
17. 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.
Conditions Consistent with the Public Entertainment Licence Additional Conditions
1. The barrel bolts shall be removed from the main entrance door when the premises are in use for public entertainment.
2. CCTV shall be installed, operated and maintained at the premises to the satisfaction of the Chief Officer of Police.
3. Doorstaff must be employed on the premises on Wednesdays and Thursdays to 30 minutes after closing when the premises is open after midnight for any licensable activity.
4. Doorstaff to be employed on the premises from 9:00 pm until 30 minutes after closing on Friday and Saturdays when the premises is open after midnight for any licensable activity. The agreed numbers of doorstaff to be employed with a minimum of two.
5. A noise limiter device shall be placed on all sound equipment to a decibel level agreed with the Corporate Director - Communities of the District Council.
6. All persons primarily employed in the premises to monitor customers and maintain good order shall be registered with the Security Industry Authority.
7. The Designated Premises Supervisor 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.
8. The Designated Premises Supervisor 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.
9. The Designated Premises Supervisor shall ensure that all security personnel employed in the premises are dressed in a manner approved by the Licensing Authority.
10. The Designated Premises Supervisor 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.
11. 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 bar of the premises will be a figure agreed with the Licensing Authority and Devon and Somerset Fire & Rescue Service based on fire safety issues, available floor space and sanitary accommodation available.
2. A personal licence holder nominated by the Designated Premises Supervisor must be in attendance during the whole of the period that the premises are open to the public and suitable doorstaff as set out in the current ‘additional PEL conditions’ will be in attendance according to the scale as agreed by the Fire Authority and Licensing Authority.
3. An appropriate arrangement will be in place 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 provision whereby any authorised officer of the Licensing Authority or the Devon and Somerset Fire Rescue Service can determine the numbers of persons present.
4. CCTV recordings are to be retained for a minimum period of 7 days unless a Police Officer or an Authorised Officer of the Licensing Authority request that an image be retained for a longer period as to be specified.
5. 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.
6. Used glasses and bottles will be regularly removed from public areas.
7. In the event of a person on the premises possessing, supplying or using illegal drugs on the premises they will be banned from the premises and the police will be informed.
8. The fire safety measures with which the premises are provided will 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 understands that 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 level.
9. There will be full co-operation with the Fire Authority, Policy 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.
10. 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.).
11. 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.
12. 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.
13. 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.
14. The Gas System, including appliances, will be inspected and tested by a Gas Safe Registered engineer annually and a satisfactory Gas Safety Certificate will be obtained.
15. 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.
16. All safety certificates and inspection reports will be kept on site and made available for inspection by officers of relevant statutory bodies.
17. A first aid box will be on the premises for use by patrons if necessary.
18. 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.
19. In the event of an ambulance being required staff are trained that this should be requested without delay.
20. All external doors and windows will be kept shut other than for access and egress when events involving amplified music or entertainment are likely to give rise to noise.
21. Door staff present in accordance with the ‘additional PEL conditions’ will endeavour to encourage patrons leaving the premises to do so quietly.
22. The volume of any apparatus used shall be under the control of the Designated Premises Supervisor or such other person so nominated by him.
23. The premises will be closed 30 minutes after the last alcohol is supplied or regulated entertainment performed so ensuring a sufficient ‘wind down’ period to allow for gradual dispersal of patrons from the premises.
24. A proof of age policy agreed by the police and local authority will be enforced.
25. No person under 18 years of age is permitted on the premises unless accompanied by an adult.
26. The CCTV system at the premises must be extended to cover the new garden area marked 'Beer Garden' on the plan numbered R 18804-7 submitted to and approved by the Licensing Authority.
27. Outside lighting must be installed and maintained in the garden area of the premises.
28. There must be no access to the garden area from the area marked 'car park' on the plan numbered R 18804-7 submitted to and approved by the Licensing Authority.
29. A fire exit must be available in the garden area for use in emergencies only.
30. The licensable activities authorised by this licence will be confined to the areas that are hatched in RED on the plan deposited with and approved by the Licensing Authority. The outside 'Beer Garden' area will be used for the consumption of alcohol only.