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 Justices’ On Licence relating to the premises
1. Intoxicating liquor shall only be supplied by waiter/waitress for consumption by patrons seated at tables.
2. CCTV to be installed, operated and maintained to the satisfaction of the Chief Officer of Police.
Conditions Consistent with the Operating Schedule
1. The premises will liaise with the District Council, Police, Fire and other relevant authorities as necessary to further the licensing objectives.
2. Door staff will be employed at the discretion of the D.P.S. or senior member of staff.
When such doorstaff are required suitable numbers of door staff registered with the Security Industry Authority (SIA) shall be employed.
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.
3. CCTV will be installed, maintained and operated to the satisfaction of the Chief Officer of Police and the Licensing Authority.
4. CCTV recordings will be maintained for an appropriate period of time (generally one month - but to be agreed with Police and Licensing 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. A policy will be in place to allow gradual exit of customers from the premises at the end of the evening.
7. Alcohol with the exception of wine if purchased by the bottle and bottles less than 250ml and soft drinks will be served in plastic or toughened glasses.
8. Wine may be served in wine glasses.
9. If glass bottles are used the contents will be decanted into a plastic or toughened glass.
10. All bottles to be supplied to customers will be made of plastic.
11. No customer carrying open or sealed bottles or glasses will be admitted to the premises at any time.
12. All bottles and glasses and rubbish will be removed from public areas on a regular and frequent basis.
13. The Capacity limits of the premises shall not exceed 112 persons.
14. A proof of age policy to the satisfaction of the Police and Local Authority will be in place.
15. 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.
16. Times Restaurant Café Bar has a zero intolerance to illegal drugs and its use or supply on the premises will result in:-
(a) Report to the Police.
(b) Banning from the premises.
17. Staff will attend drug awareness courses if the opportunity presents itself.
18. A notice clearly stating that children under 16 must be in the company of a parent/guardian or responsible adult and must leave the bar by 9:00pm.
19. An incident book will be kept detailing precautions taken against under age drinking, incidents involving attempts to obtain alcohol underage and/or public disorder.
20. All exit doors will be easily operable without the use of a key card, code or similar means and will be available for egress while the public are on the premises.
21. Means of escape will be maintained unobstructed immediately available and clearly identifiable.
22. Exit doors will be regularly checked to ensure they function satisfactorily. Records of these checks will be kept and produced on request.
23. Means of escape will be maintained unobstructed, immediately available and clearly identifiable.
24. All gangways, exit ways, treads of steps or stairways will be maintained with non-slippery and even surfaces.
25. All floor coverings will be secured and maintained so they will not ruck.
26. Mats will be fitted into a mat well so as to be flush with the floor surface.
27. Hangings, curtains and temporary decoration will be maintained in a flame retardant condition.
28. Upholstered seating will be fire retardant and compliant with current Fire Safety Regulations.
29. Emergency lighting tests will be conducted monthly. Records of these tests will be made available to the Licensing Authority upon request.
30. Regular fire drills will be conducted and records kept.
31. All fire exits and means of escape will be signed in accordance with BS5499.
32. Wall and ceiling finishes will be fire resistant.
33. Exit doors will open outwards.
34. When disabled people are present adequate arrangements will exist to enable their safe evacuation in the event of an emergency.
35. Adequate and appropriate supply of first aid equipment and materials will be available on the premises.
36. There shall be a nominated First Aider.
37. The First Aider shall check the first aid equipment and materials at least once a month to ensure nothing is missing or outside a use by date.
38. In the absence of adequate daylight the lighting in any area accessible to the public will be fully operational.
39. Fire safety signs will be adequately illuminated.
40. Emergency lighting will not be altered.
41. Emergency lighting batteries will be fully charged before the admission of the public.
42. All lavatories, urinals and wash basins shall at all times be kept in good order and repair and be properly and effectually cleaned, ventilated and disinfected and supplied with water and all necessary requisites and all doors leading thereto shall be suitably marked.
43. 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.).
44 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.
45. 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.
46. 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.
47. 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.
48. 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.
49. All safety certificates and inspection reports will be kept on site and made available for inspection by officers of relevant statutory bodies.
50. The premises have a suitable public liability insurance in the sum of not less than £2,000,000 (Two Million Pounds).
51. The fire safety measures with which the premises are provided will be maintained in good working order and their adequacy is 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 applicant understands that the fire 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 limit
52. Free drinking water will be made available at all times the premises is open to the public.
53. A list of local taxi firms and their telephone numbers will be prominently displayed.
54. The Restaurant has a Health and Safety Policy available for inspection by the relevant authority.
55. Time Restaurant has applied to join the East Devon District council Seal of Excellence Scheme.
56. Prominent clear and legible notices will be displayed at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.
57. The licensable activities authorised by this licence will be confined to the areas inside the premises that are shaded in PINK on the plan deposited with and approved by the Licensing Authority. The outside areas shaded PINK shall be for the sale/supply of alcohol only as shown on the plan deposited with and approved by the Licensing Authority.