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.
2. 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 maximum number of persons to be permitted in the premises at any one time shall not exceed a total capacity of 150.
3. 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).
4. (a) The licensee, or a responsible person nominated by him in writing for the purpose, not being a person under 21 years of age, shall be in attendance during the whole period the premises are open to the public and shall be assisted by a staff of attendants or stewards according to the following scale: -
| Capacity of Premises | Number of Attendants or Stewards | | Number of Male Attendants or Stewards |
Under | 250 | 1 | including | 1 |
| 250 but less than 500 | 3 | including | 1 |
| 500 but less than 750 | 4 | including | 1 |
| 750 but less than 1000 | 6 | including | 2 |
| 1000 but less than 1250 | 9 | including | 2 |
| 1250 but less than 1500 | 10 | including | 2 |
| 1500 but less than 1750 | 12 | including | 3 |
| 1750 but less than 2000 | 13 | including | 3 |
| 2000 but less than 2500 | 15 | including | 3 |
Over | Over 2500 | One for every 120 persons (or Part thereof) | | One for every 600 persons(or Part thereof) |
(b) At every performance to which Section 12 of the Children and Young Persons Act 1933 applies, the number of attendants or stewards in those parts of the premises which are not more than ten feet above or below ground level, shall not be less than two per cent of the seating capacity of those parts of the premises, and in all other parts of the premises it shall not be less than four per cent of the seating capacity for those parts of the premises provided that where children are in the charge of school teachers, those teachers may be regarded as attendants or stewards in respect of not more than one half of the number of attendants or stewards required in section (a) of this condition.
(c) At every performance where children are accommodated above ground level there shall be an attendant or steward at the foot of each stairway used for entrance while the audience is entering the premises and at the head of each stairway used for exit throughout the performance and while the audience is leaving the premises.
Where children are accommodated below ground level those attendants or stewards shall be stationed at the head of each stairway while the audience is entering the premises and at the foot thereof during the performance and while the audience is leaving the premises.
(d) Throughout the time when the public are in attendance, attendants and stewards shall wear either distinctive clothing or suitable armbands.
5. 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.
6. 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.
7. A procedure to be followed in the event of fire or other emergency shall be devised.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. The licensee shall furnish to the Licensing Authority annually at the time of renewal of the licence a certificate as to the condition of the electrical installation with which the premises are provided. In the case of premises licensed for only one or more specific occasions, such certificate shall be provided when required by the Licensing Authority. The certificate to be signed by a qualified electrician.
14. 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.
15. In the case of any outbreak or suspected outbreak of fire the Devon Fire and Rescue Service shall be called immediately.
16. 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.
17. 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.
18. No portable heating appliances shall be permitted on the premises during the time they are used for the purpose to which this Licence applies.
19. 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.
20. 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.
21. All 'exit' signs shall be maintained in a good state of repair.
22. The use of naked lights or flames during performances is prohibited unless prior written consent of the Licensing Authority has been obtained.
23. 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.
24. (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.
25. 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.
26. 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.
27. 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.
28. 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.
29. The use of the premises hereby licensed shall not be or become a nuisance to nearby residents or passers by.
30. 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.
31. 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.
32. The Fire Officer's recommendations (if any) shall be strictly observed.
33. All fire fighting equipment with which the premises are provided shall be maintained in efficient working order.
34. The fire warning system (if provided) shall be maintained in efficient working order.
35. 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;
(iii) 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).
(n) 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).
(o) 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.
36. The pair of inward opening final exit doors to be locked open when the premises are being used for licensable activities.
37. Any additional security devices fitted to exit doors other than approved emergency fastenings should be unlocked or removed in such a manner that unauthorised operation is not possible whilst the premises are being used for any licensable activities.
38. No entry to be permitted to the premises after 11.30 pm except for the authorized Officers of the District Council, Police and Fire Authority on Thursdays, Fridays and Saturdays.
39. A noise limiter device capable of being sealed to be installed and maintained to the satisfaction of the Corporate Director - Communities.
40. 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.
41. The Designated Premises Supervisor shall ensure that all security personnel employed in the premises are dressed in a manner approved by the Licensing Authority.
42. 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.
43. 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.
3. Conditions Consistent with the Premises Operating Schedule
1. The Designated Premises Supervisor/licence holder will be a member of a professional body nationally recognised within the hospitality industry.
2. The Designated Premises Supervisor/licence holder will have regular contact with the Devon and Cornwall Constabulary and in particular the officer with special responsibility for policing the area.
3. CCTV will be installed, maintained and operated to the satisfaction of the Chief Officer of Police and Local Authority.
4. Recordings will be maintained for an appropriate period of time (generally one month - but to be agreed with Police and Local Authority).
5. 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.
6. A notice will be displayed at the entrance to the premises advising that CCTV is in operation.
7. Suitable door staff registered with the Security Industry Authority to be employed from 8.00 pm until 30 minutes after the end of permitted hours on any Thursday, Friday, Saturday and/or Sunday when live music is planned to take place on the premises.
8. All doorstaff will:
(a) Be correctly registered with the SIA
(b) Display the correct name badge
(c) Carry proof of registration
(d) Be used at a ratio to be agreed by the Police and Local Authority, which is currently 1:75
(e) A female supervisor will be available if searches are to be conducted on female customers
(f) 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
(g) Will be in attendance at the entrance of the premises from insert times until the main exit doors to the premises are closed, and any time when patrons may be queuing for access
9. The Designated Premises Supervisor/licence holder 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.
10. 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.
11. There will be a regular collection of glassware, ashtrays from the public areas of the licensed premises throughout the opening hours.
12. No customers will be permitted to take open containers of alcoholic or soft drinks from the premises.
13. 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.
14. 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.
15. When live music is being performed on the premises it will cease 30 minutes before the premises closes.
16. 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.
17. 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.)
18. 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.
19. 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.
20. 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.
21. All safety certificates and inspection reports will be kept on site and made available for inspection by officers of relevant statutory bodies.
22. 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.)
23. 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.
24. There will be regular collections of litter inside as well as in the immediate vicinity of the premises outside.
25. Children under the age of 16 years will not be permitted to remain on the premises after 9.00 pm on any day unless they are dining on the premises and accompanied by a responsible adult.
26. A proof of age policy agreed by the police and local authority will be enforced.
27. 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.
28. 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.
29. The licensable activities authorised by this licence will be confined to the area(s) which are outlined in RED on the plan deposited with and approved by the Licensing Authority.
4. Enactments Specified under Paragraph 6(8) of Schedule 8, Licensing Act 2003
The licence is subject to any restrictions currently imposed on the premises by the -
a) Children and Young Persons Act 1933