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 taking of alcohol from the premises by a person residing there.
3. 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.
4. 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.
5. 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. 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 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.
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 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 Fire and Rescue Service shall be displayed in the foyer of or entrance to the premises.
9. No portable heating appliances shall be permitted on the premises during the time they are used for the purpose to which this Licence applies.
10. 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.
11. 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.
12. All 'exit' signs shall be maintained in a good state of repair.
13. The use of naked lights or flames during performances is prohibited unless prior written consent of the Licensing Authority has been obtained.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. The use of the premises hereby licensed shall not be or become a nuisance to nearby residents or passers by.
20. 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.
21. The Fire Officer's recommendations (if any) shall be strictly observed.
22. All fire fighting equipment with which the premises are provided shall be maintained in efficient working order.
23. The fire warning system (if provided) shall be maintained in efficient working order.
Conditions Consistent with the Public Entertainment Licence Additional Conditions
1. The electronic automatic counting devices shall be operated and maintained to the satisfaction of the District Council’s Licensing Manager and the Devon Fire and Rescue Service’s Fire Safety Officer at the entrance/exit of the licensed premises as well as on all licensed areas of the premises.
2. The main door of the premises shall be continually stewarded after 0100hrs to allow access to the premises to the Police, Devon Fire & Rescue Service and authorised officers of the District Council.
3. All persons primarily employed in the premises to monitor customers and maintain good order shall be registered with the Security Industry Authority.
4. The Licensee shall ensure that all security personnel (door supervisors) 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.
5. 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.
6. The Licensee shall ensure that all security personnel employed in the premises are dressed in a manner approved by the Licensing Authority.
7. The Licensee 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.
8. 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. There will be a minimum of 2 door staff present during the week. On Saturdays there will be a minimum of 4 door staff present one at least being a female.
2. A female supervisor will be available if searches are to be conducted on female customers.
3. Where there are 5 or more Door Supervisors, at least one of these will be female.
4. Door Supervisors will wear clothing that can be easily and clearly identifiable on CCTV - i.e. wear a reflective number between 1 and 99 (at least 100mm high) in a prominent position on the upper part of the body.
5. CCTV will be installed, maintained and operated to the satisfaction of the Chief Officer of Police and Local Authority.
6. CCTV recordings will be maintained for an appropriate period of time as recommended by the Police and Local Authority.
7. 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.
8. A notice will be displayed at the entrance to the premises advising that CCTV is in operation.
9. CCTV will be registered under the Data Protection Act 1998 with the Information Commissioner.
10. Alcoholic and soft drinks will be served in toughened glass.
11. Alcoholic drinks will only be consumed inside the premises.
12. No customers carrying open or sealed bottles or glasses will be admitted to the premises at any time.
13. No customers will be permitted to take open containers of alcoholic or soft drinks from the premises.
14. All bottles and glasses will be removed from public areas as soon as they are finished with or empty.
15. Radios will be used to provide two way communication between licensees, the police and other licensed premises.
16. The radio equipment would need to be in working order at all times.
17. The radio equipment will be on at all times the premises are open to the public, and will be monitored by the Designated Premises Supervisor or other responsible staff member.
18. All instances of crime and disorder will be reported to the police via CCTV or the radio.
19. Door Supervisors may be required to ensure the capacity limits are controlled.
20. A proof of age policy to the satisfaction of the Police and the Local Authority will be in place.
21. Photo ID only, No ID, No sale policy.
22. Drinks promotions will not be permitted.
23. An anti-drug policy agreed by the Police and Local Authority will be in force.
24. A secure facility to store controlled drugs will be available.
25. Crime prevention notices will be displayed warning customers of the prevalence of crime which may target them, e.g. ‘bags should not be left unattended’, ‘watch out for pickpockets’.
26. 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.
27. Any restrictions on the admission of children to the premises will be displayed outside the premises.
28. There will be no under 18’s admitted.
29. Membership of the Local Licensees Association shall be maintained and a representative will attend meetings and participate in all initiatives.
30. A policy will be in force for the management of large groups, i.e. hen and stag parties. The group will be required to nominate a responsible person to liaise with staff.
31. A secure area for customer’s personal belongings will be made available.
32. Consideration will be given towards providing or having access to food at times when the premises are open for long hours or for regulated entertainment.
33. 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.
34. The device will be tested monthly and tests will be recorded.
35. 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.
36. All safety certificates and inspection reports will be kept on site and made available for inspection by officers of relevant statutory bodies.
37. Free drinking water will be available at all times.
38. When disabled people are present, adequate arrangements will exist to enable their safe evacuation in the event of an emergency.
39. We will employ an appropriate method for checking the number of people entering and leaving the premises and ensure that steps are taken so that, once the maximum occupancy is reached, no further persons are admitted. The method employed is an electronic counting system.
40. The sanitary accommodation consists of:
Male WCs 4 Male urinals 3 WHBs 3
Female Wcs 9 WHBs 4
41. 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.
42. 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.
43. We will ensure that at all times there are adequate first aid arrangements.
44. Our arrangements for first aid provision include all staff qualified as first aiders.
45. An adequate and appropriate supply of first aid equipment and materials will be available for the use of patrons.
46. Suitable protective equipment will be provided to deal with hypodermic needles, blood spillages and other body fluids.
47. Procedures will be in place to ensure that body fluids are dealt with in a safe manner to avoid the risk of communicable disease.
48. 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.
49. Where glazing forms part of windows, walls or partitions below waist height it will be constructed of safety materials.
50. Where glazing forms part of a door or side panel at below shoulder height it will be constructed of safety materials.
51. 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.
52. CCTV will be provided to enhance the safety of patrons and staff where deemed appropriate.
53. All staff have received suitable training as to what to do in an emergency and in general safety precautions.
54. 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 will be used and records kept.).
55. The provision of plastic glasses and bottles will be reviewed depending on the type of entertainment provided, the number and behaviour of patrons attending.
56. Regular glass and bottle collection will be undertaken throughout opening hours.
57. 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.
58. Lasers will not be used on the premises without prior consultation with the Environment Health Service, and compliance with HS(G) 95.
59. 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)
60. 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.
61. 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.
62. 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.
63. An announcement will be made prior to closing requesting patrons’ co-operation in leaving the premises and vicinity as quietly and quickly as possible.
64. 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.
65. Door staff will be positioned at exits particular at closing times.
66. The entrances are provided with lobbies with automatic door-closers. The lobbies are in use throughout the time of entertainment.
67. The emergency exits are well fitted and are kept shut during opening hours.
68. Staff will check prior to entertainment, and periodically during the entertainment, that all windows and doors are shut.
69. 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.
70. Management will control the sound levels of the music/entertainment.
71. 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.
72. 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.
73. 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. (Music should not be heard above normal background noise levels, and only faintly heard during lulls in noise levels).
74. 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).
75. Music will be reduced/switched off half an hour before closing time to allow people to relax, acclimatise and adjust their hearing.
76. Provision of mechanical ventilation and air conditioning system will not allow noise break out from the premises or cause a nuisance by its operation.
77. 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.
78. Regular maintenance will be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.
79. 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.
80. The delivery of goods is restricted to the normal working day.
81. The delivery of goods will be limited in number and/or frequency.
82. 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.
83. 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.
84. The movement of bins and rubbish outside the premises will be kept to a minimum after 11.00 pm.
85. No music or speech will be relayed by external speakers without the consent of the Licensing Authority.
86. Staff will monitor the use of the car park to ensure patrons do not congregate in this area and cause annoyance.
87. Ventilation equipment will be regularly cleaned and maintained to control the levels of odour generated by the premises.
88. 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.
89. 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.
90. Advertising of events which contain Nudity and or Striptease will be agreed with the Council
91. Physical contact will not be permitted between performers, staff and customers.
92. Continued use of our extensive banned list (which includes our other club Carinas at Sidmouth), this also includes bans for anti social behaviour even if not committed within our premises.
93. The promotion of a chill-out hour which would commence one hour prior to the terminal hour, this to include discounted soft drinks, slower more mellow music, hot food. This to be promoted by use of posters, TV monitors and bar staff offering a discounted soft drink alternative or shandys etc.
94. Continuation of our policy to refuse entry or serve alcohol to anyone drunk or appearing to be drunk or aggressive.
95. Continuation of our policy to respect our neighbours by leaving quickly and quietly. This promoted by use of posters, DJ announcements, staff and TV monitors.
96. The use of plastic bottles shall be reviewed periodically.
97. Continued participation in the Pubs Against Drugs scheme.
98. Participation in the Safe Nights Out scheme.
99. Continuation of our policy to refuse entry if attempting to bring in bottles or glasses,
confiscation of bottles or glasses when leaving (with the exception of water in a plastic bottle).
100.Continuation of our policy to carry out body searches for drugs and / or weapons.
101.Participation in other police initiatives i.e. providing bottle stoppers to help make drinks tamper free.
102.The extent of the areas within which the various licensable activities will be permitted is as indicated by the legends on the plan deposited with and approved by the Licensing Authority.