ANNEX 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 for the purposes of their trade or to a club with a Club Premises Certificate for the purposes of the 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 Designated Premises Supervisor 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. 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.
4. 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.
5. A procedure to be followed in the event of fire or other emergency shall be devised.
6. 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.
7. 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.
8. 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.
9. 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.
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 portable heating appliances shall be permitted on the premises during the time they are used for the purpose to which this Licence applies.
13. 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.
14. 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.
15. All 'exit' signs shall be maintained in a good state of repair.
16. The use of naked lights or flames during performances is prohibited unless prior written consent of the Licensing Authority has been obtained.
17. 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.
18. (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
19. 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.
20. 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.
21. The use of the premises hereby licensed shall not be or become a nuisance to nearby residents or passers by.
22. 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.
23. The Fire Officer's recommendations (if any) shall be strictly observed.
24. All fire fighting equipment with which the premises are provided shall be maintained in efficient working order.
25. The fire warning system (if provided) shall be maintained in efficient working order.
Conditions Consistent with the Premises Operating Schedule
1. The maximum occupancy figure will be 100, with no more than 20 permitted to dance at any one time, this figure as agreed by the Fire and Licensing Authority 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. The Designated Premises Supervisor or such other person nominated by him will attend meetings of and keep in touch with the local licensees association to further promotion of the four licensing objectives.
3. 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.
4. Used glasses and bottles will be regularly removed from public areas.
5. In the event of a person on the premises possessing, supplying or using drugs on the premises they will be banned from the premises and the police will be informed.
6. 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 Fire Precautions (Workplace) Regulations. 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.
7. 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.
8. 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.
9. 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.
10. A first aid box will be on the premises for use by patrons if necessary.
11. Taxi numbers are displayed by the public telephone to allow for safe dispersal of patrons.
12. In addition to existing arrangements currently in place and in accordance with the standard PEL conditions already observed the Designated Premises Supervisor is fully aware of the nearby residents and encourages discourse with them to resolve issues if they arise.
13. 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. It is recommended that door closures are fitted to all external doors to ensure compliance.
14. Doorstaff and staff on the premises will encourage patrons to leave the premises particularly after nightfall, quietly.
15. The premises will be closed 30 minutes after the last licensable activity is performed to ensure a sufficient ‘wind down’ period to allow for gradual dispersal of patrons from the premises.
16. The Designated Premises Supervisor or such person nominated by him shall be responsible for the volume of any music emanating from the premises so as to avoid any nuisance to the public, whether passers by or residents in the vicinity.
17. The amusement with prizes machines are to be located within good visibility and supervision of the bar.
18. Proof of age policy in force - only photographic identification such as passport or driving licence to be acceptable as proof of age.
19. The licensable activities authorised by this licence will be confined to the areas that are outlined in PINK on the plan accompanying this licence. NOTE. The “Yard” is outdoors and is not licensed for activities E, F, I, J and L.