ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1. Alcohol shall not be sold or supplied:
(a) At any time when there is no designated premises supervisor in respect of the
premises licence, or
(b) At any time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended
2. Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
The following conditions in Annex 2 are conditions consistent with the operating schedule submitted by the applicant within the application:
GENERAL
1. The training of the premises licence holder’s staff shall be at a sufficient level to be able to incorporate the provisions of the Licensing Act 2003 and avoid commission of any offences under that Act.
2. The DPS (designated premises supervisor) shall be assisted by at least 5 (five) other members of staff, all of whom shall be adequately trained or personal licence holders.
3 The occupancy levels for each of the following rooms are, and shall be as follows:
THE DEVORA SUITE THE CONSTABLE BAR
Seated at Tables 288 persons Seated at Tables 120 persons
Mixed Occupancy (tables & Mixed Occupancy 160 persons
dancing area 300 persons
Seated in rows (currently 300) 400 persons Seated in rows 240 persons
Dancing 300 persons Dancing 240 persons
THE DEVORA SUITE PLUS CONSTABLE BAR HAYWAIN ROOM PLUS FLATFORD ROOM
Seated at tables 408 persons Seated at tables 90 persons
Mixed occupancy 460 persons Mixed occupancy 120 persons
Seated in rows 540 persons Seated in rows 120 persons
Dancing 540 persons Dancing 150 persons
CORNFIELD ROOM PLUS DEDHAM VALE ROOM FLATFORD ROOM PLUS CORNFIELD ROOM PLUS
DEDHAM VALE ROOM
Seated at tables 90 persons Seated at tables 144 persons
Mixed occupancy 120 persons Mixed occupancy 190 persons
Seated in rows 120 persons Seated in rows 190 persons
Dancing 150 persons Dancing 280 persons
HAYWAIN ROOM PLUS FLATFORD ROOM PLUS CORNFIELD ROOM PLUS DEDHAM VALE ROOM
Seated at tables 180 persons
Mixed occupancy 240 persons
Seated in rows 240 persons
Dancing 300 persons
4 The licence holder wishes to avail himself of the exemption currently afforded to it by the newly converted Premises Licence and proposes the following condition:
No additional licence is required for the provision in the premises of public entertainment
by the reproduction of wireless (including television) broadcasts or of programmes
included in any programme service (within the meaning of the Broadcasting Act 1990)
other than a sound or television broadcasting service, or of public entertainment by way
of music or singing only which is provided solely by the reproduction of recorded sound.
5 In those areas coloured yellow on drawing numbers F24-0033, F24-0033A and 3652.20E the regulated entertainment as authorised under this Premises Licence shall have a terminal hour of 02.00 hrs.
6.1 In respect of sales of alcohol to residents, in addition to sales during the normal course of a day, sales may be made to and alcohol may be supplied to those residents between the hours of 02:00hrs and 07:00hrs.
6.2 Alcohol may be supplied to any private friends of a person residing there who are bona fide entertained by a resident at the resident’s own expense, during those same hours.
Note: For the purpose of defining ‘residents’ the licence holder has made reference to the Licensing Act 1964 more particularly described below:
A person residing at the premises includes persons not residing there but carrying on, or in charge of, the business on the premises.
A person shall be treated as residing in any premises, notwithstanding that he occupies sleeping accommodation in a separate building, if he is provided with that accommodation in the course of a business of providing board and lodging for reward at those premises and the building is habitually used for the purpose by way of annexe or overflow in connection with those premises and is occupied and managed within those premises.
7. There is no prohibition beyond the 02:00hrs terminal hour, on the supply of alcohol for consumption
on the premises to persons employed there for the purposes of the business carried on by the premises licence holder, or the consumption of it so supplied, if the alcohol is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
8. There shall be in place a ‘cooling-down’ period to facilitate ‘drinking-up time’ and departure of guests, such period to commence at 02:00hrs and to end 40 minutes later. During that period no licensable activity shall take place other than that authorised by the premises licence in relation to residents and late night refreshment.
9. The two Halfway Houses (one on each course) will be utilised for the licensable activity of sale of alcohol between the hours of 08:00hrs to 18:00hrs daily. The Halfway Houses shall be securely locked and the alcohol shall be removed from the sites and stored in the main hotel building. In addition, the four purpose built refreshment buggies shall be utilised for the same proposed hours as above.
10. Walkie-Talkie-radios (or similar communication devices) shall be utilised to aid communication between the main clubhouse building, each of the Halfway Houses and the refreshment buggies.
PREVENTION OF CRIME & DISORDER
1. Floodlights shall be in place and in operation and shall be maintained in the car parking areas to ensure adequate light for patrons.
2. CCTV shall be in operation in the areas marked on drawing numbers F24-0033. These cameras operate on a digital recording system and recordings shall be kept for a minimum of 21 days.
3. After 23.00hrs access to the golf club entrance shall be restricted and at 23.00hrs the external doors to the golf club entrance shall be locked shut.
PUBLIC SAFETY & PREVENTION OF PUBLIC NUISANCE
1. Premises licence holder’s responsibilities:
1.1 The Premises Licence holder shall maintain an adequate public liability insurance. A copy of the appropriate and relevant certificate of insurance shall be kept by the Premises Licence holder and is available for inspection by the Council or any of its authorised officers (including the Fire Officer) on request at any time.
1.2 The Premises Licence holder's representative (likely to be the DPS) or some responsible person nominated by him in writing shall be in charge of, and present in, the licensed premises during the whole time they are open to the public. Any such nominated person shall be provided with a copy of these licensing conditions.
1.3 The Premises Licence holder shall take all reasonable precautions for the safety of the public, performers or employees on the premises.
1.4 The numbers of persons permitted on the premises shall not exceed that specified in the licence document, for those areas to which those occupancy levels apply.
1.5 The Premises Licence holder or his nominated representative shall, to the best of his ability, maintain and keep order and decent behaviour on the licensed premises.
1.6 The Premises Licence holder shall not allow any lewd, obscene or indecent performance to take place on the licensed premises or allow any obscene poster, advertisement, film, photograph or programme to be displayed or shown on any part of the premises.
1.7 The Premises Licence holder shall ensure that the noise level emanating from the premises does not cause a nuisance and remains at a reasonable level.
2. Fire and Safety:
2.1 The Premises Licence holder shall ensure compliance with the fire precautions and safety measures.
2.2 A log book shall be maintained up-to-date and shall be produced upon request by any duly authenticated Officer of the District Council or Fire Authority in which shall be recorded the results of tests, examinations, etc., of the following fire precautionary arrangements.
2.3 Emergency lighting system should be tested every six months, any appropriate maintenance carried out and the result of the test indicated in the log.
The fire alarm specified will be maintained in efficient working order and will be tested or examined weekly using a different call point for each successive test to ensure that it operates satisfactorily. The results of such tests will, in all cases, be recorded in the log book.
2.4 Fire fighting equipment shall be examined every twelve months by a competent person, the result of the examination and date will be recorded on a label affixed to the body of the extinguishers and the result also will be recorded in the log.
2.5 All signs shall conform to the requirements of the Health and Safety (Safety Signs and Signals) Regulations 1996 or any superseding or amending legislation.
2.6 "FIRE EXIT" signs and other fire notices shall be checked every twelve months and the result of the examination entered in the log.
2.7 "FIRE EXIT" doors and door furnishings shall be examined and tested by operation every twelve months and the result recorded in the log.
2.8 "FIRE EXIT" routes shall be checked every month for obstructions and storage of any combustibles which should be removed and the result of the check should be entered in the log.
2.9 The Premises Licence holder shall ensure that during the entire course of any entertainment at least one telephone, in full working order, is installed (or present) in the licensed premises to enable the Fire Brigade (or any other emergency service) to be immediately called in the event of an emergency.
[Note: This Condition can be satisfied by the presence, during the entire course of any
Entertainment, of at least one mobile telephone, in the licensed premises].
If the Premises Licence holder relies on a mobile telephone (or telephones) to comply with this Condition he will ensure that throughout the entire course of the entertainment:
The mobile telephone (or telephones) is in full and effective working order.
The mobile telephone (or telephones) remain within the licensed premises.
2.10 Fire instructions and procedures:
The Fire Brigade shall be immediately called to any outbreak of fire, however slight.
Notices in a form previously approved by the Local Authority stating the action to be taken in the event of the discovery of fire and in the event of hearing a fire alarm will be displayed in the licensed premises in such positions as may be required by the Local Authority.
Persons having overall management responsibility for the premises must be fully aware of the fire precautions and the action to be taken in the event of fire. Instruction and training generally will provide for the following:
(a) The action to be taken upon discovering a fire.
(b) The action to be taken upon hearing the fire alarm.
(c) Raising the alarm, including the location of fire alarm call points if provided.
(d) The correct method for calling the Fire Brigade.
(e) The location and use of fire fighting equipment.
(f) Knowledge of the escape routes.
(g) Appreciation of the need to close all doors at the time of fire and on hearing the fire
alarm.
(h) Isolating power supplies where appropriate.
(i) Evacuation of the building.
2.11 Exits:
All doors indicated as exits on the attached plan shall be maintained so that they open easily and fully and the following shall apply as appropriate:
(a) Exit doors shall only be secured in such a manner that they can be immediately and easily opened from within.
(b) Exit doors which do not open outwards shall be secured in the open position when members of the public are present.
(c) Exit doors and the external routes therefrom shall be maintained clear and unobstructed when members of the public are present
(d) Exit signs and notices shall be properly maintained and free from obstruction.
2.12 Means of escape:
All parts of the premises used for means of escape in case of fire, shall be kept entirely free from obstruction, whether permanent or temporary, so as not to impede safe evacuation of the premises.
2.13 Fire fighting appliances:
The fire fighting appliances shall be maintained and immediately available for use.
2.14 Floors and floor coverings:
These shall be properly maintained in a sound condition and possess reasonable anti-slip properties.
2.15 General lighting:
All parts of the premises to which the public have access shall be adequately illuminated in the absence of adequate daylight at all times when members of the public are present.
2.16 Emergency lighting:
If the emergency lighting system is not designed to come on automatically in the event of failure of the mains lighting circuit, it shall be switched on at all times when the public are present.
2.17 Drapes and decorations:
All drapes, curtains or similar hangings will be of such material or be so treated that they will not readily catch fire.
Where curtains and drapes have been required to be treated with a proprietary flame retardant treatment, they should be re-treated at whatever period specified by the Manufacturers or Suppliers of the proprietary treatment and recorded accordingly in the log.
2.18 Electrical cables:
Electric cables, flexes and other wiring must be laid in such a manner so as not to cause a hazard to those using the licensed premises.
2.19 Heating appliances:
All heating appliances shall be manufactured and installed in accordance with the appropriate British Standard and will be properly guarded and maintained.
2.20 Car parking:
No vehicles shall be parked in such a way as to restrict the means of escape provided from the premises, or prevent the safe access and egress of the emergency services.
2.21 Persons with disabilities:
On those occasions when persons with disabilities are present on the premises, such special arrangements as may be necessary in the circumstances shall be made so as to enable all persons to leave the premises safely in the event of fire.
Unaccompanied persons with disabilities who are unable to walk either aided or unaided, shall normally enter and leave the premises in a wheelchair.
If a disabled person sits in a wheelchair as part of the audience, the wheelchair shall be placed in a position where it shall not obstruct other people in an emergency and where a ready means of exit is
available. Where a disabled person leaves their wheelchair to occupy a seat, the wheelchair shall be readily available, but where it where not cause an obstruction to an exit route.
All staff who could be expected to aid the evacuation of disabled persons, shall receive training from a competent person, on appointment and at least once, and preferably twice, in each twelve month period. A practice fire drill in which at least one person in a wheelchair is assisted to a place of safety, shall be carried out at least once a year.
3. Welfare and hygiene:
3.1 Where food is cooked and/or is sold on the licensed premises, the Premises Licence holder ensures that the requirements of the Food Safety Act 1990 and The Food Safety (General Food Hygiene) Regulations 1995 are complied with.
3.2 Efficient and adequate means of ventilation shall be available during the whole time the public are on the licensed premises.
3.3 A sufficient number of suitable receptacles with close fitting lids shall be provided to receive and store refuse from the licensed premises.
3.4 There shall be compliance with any requirements specified by the Head of Environmental Services and with any further reasonable requirements that from time to time may be required by the Head of Environmental Services and which have been notified to the Premises Licence holder by the Licensing Authority.
3.5 An adequate, properly equipped and maintained first aid kit shall be available at the premises at all times when the public are present, including an adequate supply of sterile gloves and aids for artificial respiration.
3.6 The Premises Licence holder shall ensure that adequate and separate sanitary conveniences shall be provided for persons of each sex.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not applicable.