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 Premises Operating Schedule
1. The licensee will be a member of a professional body nationally recognised within the hospitality industry.
2. The licensee will have regular contact with the Devon and Cornwall Constabulary and in particular the officer with special responsibility for policing the area.
3. 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.
4. The licensee will ensure that the public using the premises at all times have access to a telephone to call a taxi and will be provided with details of telephone numbers to call a taxi when required.
5. The outside of the licensed premises will be illuminated to the satisfaction of the Licensing Authority at all times that the premises are open for the use of the public.
6. There will be a regular collection of glassware, ashtrays from the public areas of the licensed premises throughout the opening hours.
7. The premises will be a member of Pubwatch or an alternative local Licensees’ Association and a representative will attend Pubwatch or association meetings and participate in all initiatives.
8. The manager or senior member of staff will check the premises prior to opening to ensure there are no risks to patrons and that all safety precautions are in place. This member of staff will also check to ensure that all fire exits are unlocked and the exits routes are clear prior to the public being allowed access to the premises. (A formal checklist will be used and records kept).
9. The manager or senior member of staff will ensure that regular checks are made of all licensed areas within the premises and all external areas of the grounds accessible to the public.
10. There will be no live music performed in the garden (Outside Drinking Area) after 10.00 pm on any night and the performance of live music in the gardens will be limited to no more than twelve occasions a year.
11. The number of discos or karaoke sessions held in the premises will not be permitted to exceed two in any week.
12. There will be a 30 minute ‘wind down’ period following the cessation of the supply of alcohol on the premises, on the expiry of which the premises will close.
13. Hot drinks and food will be available during the 30 minutes ‘wind down’ period referred to in the previous condition.
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 including the gardens and car park 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 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.)
17. 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.
18. 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.
19. 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.
20. 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.
21 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.
22. All safety certificates and inspection reports will be kept on site and made available for inspection by officers of relevant statutory bodies.
23. All fire fighting equipment with which the premises are provided shall be maintained in efficient working order and inspected annually.
24. An adequate and appropriate supply of first aid equipment and materials will be available for the use of patrons.
25. All staff will receive regular and suitable training relating to what to do in an emergency and in general safety precautions.
26. A book will be maintained at the premises to record details of all accidents occurring in the premises and the grounds.
27. Free drinking water will be available at all times.
28. 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.
29. Handrails will be maintained in the route into the dining room (restaurant) from the bar area.
30. All areas with sudden changes in height will have guarded edges to prevent patrons falling.
31. 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. (This will help prevent litter being blown around.)
32. Facilities for depositing litter and the collection of litter generated by patrons will be available and maintained where outside areas are provide for the use of patrons.
33. There will be regular collections of litter.
34. The delivery of goods and the collection of rubbish are restricted to the normal working day and in particular not before 7.00 am.
35. 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.
36. 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.
37. 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.
38. An announcement will be made prior to closing requesting patrons’ co-operation in leaving the premises and vicinity as quietly and quickly as possible.
39. Management will control the sound levels of the music/entertainment.
40. All regulated entertainment will cease 30 minutes before the premises closes.
41. Any restrictions on the admission of children to the premises will be displayed outside the premises.
42. A proof of age policy agreed by the police and local authority will be enforced.
43. Children under the age of 16 years will not be permitted to remain on the premises after 10.00 pm on any day unless they are dining on the premises and accompanied by a responsible adult.
44. Children under 16 years will not be permitted to remain on the premises at anytime unless they are accompanied by an adult.
45. Notices will be displayed in the vicinity of any Amusement with Prizes machines installed in the premises prohibiting use by persons under the age of 18 years.
46. Notices will be displayed in the vicinity of any cigarette machines installed in the premises prohibiting use by persons under the age of 16 years.
47. The exhibition of films will be provided by DVD and Video recordings and similar medium and will be shown via television screens and amusement machines.
48. Theatrical productions/events will only be permitted in the Function Room and main dining area.
49. CCTV - If after the expiry of six months from the second appointed date the Licensing Authority serves written notice on the licensee requiring that CCTV be provided it will be installed, maintained and operated to the satisfaction of the Chief Officer of Police and Local Authority and sub conditions (a), (b) & (c) below will also be complied with.
a. Recordings will be maintained for an appropriate period of time (generally one month - but to be agreed with Police and Local Authority).
b. 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.
c. A notice will be displayed at the entrance to the premises advising that CCTV is in operation.