ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
Embedded Conditions Consistent with the Cinemas Act 1985 (Large Screen Premises)
1. TIMES OF OPENING AND CLOSING
(a) The licensed premises shall not be opened for the purposes for which this licence is granted outside those hours set out on the licence issued by the District Council.
(b) Extensions of these hours may be given on permission being granted by the District Council (Licensing Authority) in writing.
2. GOOD ORDER
The Licensee shall maintain good order and decent behaviour in the licensed premises, and shall inform the Police immediately he/she becomes aware of any indecent conduct taking place or which is said to have taken place, in the premises.
3. DAILY EXAMINATION OF EXITS ETC.
The licensee shall ensure that before every performance exits, staircases and fire extinguishing apparatus are examined and he/she shall cause an entry certifying this examination to be made in a book kept for the purpose as soon as practicable after the examination has been made, the book to be open to inspection by persons authorised by the Devon Fire and Rescue Service and by Officers of the District Council.
4. MOVING PICTURE CLASSIFICATIONS
No moving picture shall be exhibited unless:
(a) It has received a "Uc", "U", "PG", "12A", "12", "15" or "18" certificate of the British Board of Film Classification or
(b) It is a current newsreel which has not been submitted to the British Board of Film Classification.
5. "18" MOVING PICTURES
(a) No person apparently under the age of eighteen years shall be admitted to any exhibition at which there is to be shown any moving picture which has received an "18" certificate from the British Board of Film Classification.
(b) No film in the "Restricted 18" (R18) category may be exhibited except in a cinema operating as a club. The conditions under which such performances are given must be prior approved by the Licensing Authority.
6. "15" MOVING PICTURES
No person apparently under the age of fifteen years shall be admitted to any exhibition at which there is to be shown any moving picture which has received a 15" certificate from the British Board of Film Classification.
7. "12" MOVING PICTURES"
(a) “12” - No person apparently under the age of twelve years shall be admitted to any exhibition at which there is to be shown any moving picture which as received a "12" certificate from the British Board of Film Classification.
(b) “12A” - No person apparently under the age of twelve years shall be admitted to any exhibition at which there is to be shown any moving picture which has received a "12A" certificate from the British Board of Film Classification without an accompanying responsible adult.
8. PERMISSION OF LICENSING AUTHORITY
Despite the previous conditions relating to classification, a film may be exhibited, or persons, or any class of persons, may be admitted thereto if the permission of the licensing authority is first obtained and any conditions of such permission are complied with.
9. FILM CENSORS' CERTIFICATE TO BE SHOWN
A representation or written statement of the terms of any certificate given by the British Board of Film Classification shall be shown on the screen immediately before the showing of any moving picture to which it relates and the representation or statement shall be shown for long enough and in a form large enough for it to be read from any seat in the auditorium.
10. NOTICE OF MOVING PICTURE CLASSIFICATIONS AND TIMES OF SHOWING
There shall be prominently exhibited at each public entrance whenever the premises are open to the public a notice indicating in tabular form and in clear bold letters and figures
(a) the title of each moving picture to be shown on that day, other than trailers and moving pictures of less than five minutes duration;
(b) the approximate times of commencement of each such moving picture;
(c) whether each such moving picture has received a "Uc", "U", "PG", "12A", "12", "15" or "18" certificate from the British Board of Film Classification; and
(d) the effect of such "Uc", "U", "PG", "12A" "12", "15" or "18" certificates in relation to the admission of persons under the age of eighteen years.
11. ADVERTISEMENTS TO INDICATE NATURE OF CERTIFICATE
The nature of any certificate received in respect of a moving picture from the British Board of Film Classification shall be clearly indicated by the letter "Uc", "U", "PG", "12A" "12", "15" or "18" in any advertisement of the moving picture displayed at the premises.
12. RESTRICTION ON ADVERTISEMENTS
No advertisement displayed at the premises of a moving picture to be exhibited at the premises shall depict as a scene or incident in the moving picture any scene or incident which is not included in the moving picture as certificate by the British Board of Film Classification or approved for exhibition by the licensing authority, as the case may be.
13. LICENSING AUTHORITY MAY OBJECT TO ADVERTISEMENTS
Where the licensing authority have given notice in writing to the Licensee of the premises objecting to an advertisement on the ground that, if displayed, it would offend against good taste or decency or be likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling that advertisement shall not be displayed at the premises except with the consent in writing of the licensing authority.
14. LICENSING AUTHORITY MAY PROHIBIT MOVING PICTURES
Where the licensing authority have given notice in writing to the Licensee of the premises prohibiting the exhibition of a moving picture on the ground that it contains matter which, if exhibited, would offend against good taste or decency or would be likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling, that those moving pictures shall not be exhibited in the premises except with the consent in writing of the licensing authority.
15. MEANING OF FILM
For the purposes of this licence "film" means any exhibition of moving pictures produced otherwise than by the simultaneous reception and exhibition of television programmes broadcast by the British Broadcasting Corporation or commercial channels, satellite or cable licensed by the Independent Television Commission or exempted under Section 4 of the Cable Broadcasting Act 1984.
16. ALTERATION OF MOVING PICTURE CATEGORY BY LICENSING AUTHORITY
If the licensing authority do not agree with the category in which any moving picture passed by the British Board of Film Classification is placed, they shall be at liberty to alter such category, and, on notice of such alteration being given by the licensing authority to the Licensee, the moving picture thereafter shall be treated as having been placed in the altered category and the conditions applicable to the exhibition of moving pictures in such altered category shall be complied with.
17. EXHIBITION OF MOVING PICTURE TO LICENSING AUTHORITY
If the licensing authority request the Licensee(s) to exhibit to them any moving picture he/she shall do so at such reasonable time as the licensing authority may, in writing direct.
18. SEATING MUST CONFORM TO APPROVED PLANS
The premises shall not be used for closely seated audiences except in accordance with plans previously submitted to and approved by the licensing authority. A copy of the seating plan shall be kept readily available at the premises and shall be shown upon request to the persons referred to in Section 13 of the Cinema Act 1985.
19. MAXIMUM OCCUPANCY
The maximum number of persons to be permitted on the premises at any one time shall not exceed 290.
20. PROPER MAINTENANCE OF PREMISES
All parts of the premises and fittings therein, including the seating, door fastening and notices, shall be maintained at all times in good order and condition.
21. ALTERATIONS TO PREMISES AND INSTALLATIONS
Alterations or additions, whether permanent or temporary, to the structure, the lighting, heating or ventilating installations, or to the seating, gangways or other arrangements at the premises shall not be made except with the prior approval of the licensing authority.
22. ELECTRICAL INSTALLATIONS
(a).There must be in place for the whole premises a satisfactory NICEIC or ECA periodic electrical installation report. The inspection to be carried out annually and a new report obtained each time.
(b).There must be in place for the whole premises a satisfactory NICEIC or ECA periodic emergency lighting report. The inspection to be carried out annually and a new report obtained each time.
(c).Where there is a fire detection alarm fitted there must be in place a satisfactory certificate of inspection for the fire detection alarm. The inspection to be carried out annually and a new certificate obtained each time.
(d).In all cases where remedial work is carried out or a competent electrical contractor recommends other action the work must be carried out without delay and the appropriate satisfactory NICEIC or ECA inspection report obtained on completion of the work.
23. STAGE LIGHTING
No illuminant, other than electric lighting, shall be employed upon the stage, in the stage basement, or stores, without the consent of the Licensing Authority.
24. ELECTRICAL APPLIANCES
All electric lamp holders within reach of the public shall be kept fitted with lamps or otherwise protected.
25. OIL FIRED EQUIPMENT
All oil fired boilers and appliances situated in the premises will be inspected and tested annually and an OFTEC certificate of inspection must be obtained following the inspection.
26. GAS FIRED EQUIPMENT
All gas fired boilers and appliances situated on the premises will be inspected and tested by a CORGI registered gas engineer annually and a satisfactory Gas Safety Certificate must be obtained following the inspection.
27. CEILING CERTIFICATES
All ceilings in those parts of the premises to which the public are admitted shall be inspected at least once in every five years by a fully qualified architect or civil architect appointed by, or on behalf of, the occupier of the premises and a certificate concerning the condition of the ceiling shall after each inspection be obtained and retained for inspection. All defects revealed by the inspection must be rectified immediately. Any delays in carrying out the rectification work must be agreed in writing by the Licensing Authority.
28. TOILETS
All toilets, 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 requirements and all doors leading to the toilets shall be suitably marked.
29. VENTILATION
All public parts of the premises shall be kept properly and sufficiently ventilated to the satisfaction of the Licensing Authority.
30. INSPECTION BY AUTHORISED PERSONS
All parts of the premises shall be open to inspection by a constable or authorised officer of the Licensing Authority or of the Fire Authority during the time of any performances, or at any reasonable time upon reasonable notice being given to the Licensee(s).
31. CERTIFICATES
The certificates or copies of the certificates required by these conditions will be kept available for inspection by a constable or authorised officer of the Licensing Authority or of the Fire Authority during the time of any performances, or at any reasonable time upon reasonable notice being given to the Licensee(s).
32. LICENCE TO BE KEPT ON PREMISES
The current Cinema licence must be kept in the licensed premises and must be accessible to the Licensee. The licence, together with the nomination in writing of the person to be in charge of the premises and of the fire appliances respectively, must be produced on demand for inspection by the persons referred to on Section 13, Cinemas Act 1985. This includes a constable or authorised officer of the Licensing Authority or of the Fire Authority.
33. MISCELLANEOUS
(a).The Licensee shall comply with the requirements of Part III of the Cinematograph (Safety) Regulations 1955 (which relate to films not exceeding sixteen millimetres in width).
(b).A copy of the Cinematograph (Safety) Regulations 1955 shall be exhibited in the premises so that they can easily be seen and read by members of the staff.
(c).When children are present at any exhibition of films no trailer shall be shown advertising an "18" film.
34. The licensable activities permitted on this licence are restricted to the areas outlined in RED on the plan deposited with and approved by the Licensing Authority.