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.
3. The admission of children to the exhibition of any film shall be restricted in accordance with the film classification awarded by the British Board of Film Classification (BBFC), or any successor person or persons designated as the authority under section 4 of the Video Recordings Act 1984.
4. Where one or more individuals are being used at the licensed premises to carry out a security activity, each such individual must be licensed by the Security Industry Authority.
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:
1. The premises licence holder shall ensure that a responsible individual nominated by Sproughton Parish Council shall be present on all occasions where the hirer(s) of the licensed premises is/are not known to the Parish Council. This nominated individual shall ensure that the hirer(s) is/are made aware of, and comply with, relevant policies and regulations (for example drugs policy, no smoking policy and fire regulations).
2. The premises licence holder shall ensure that the ‘Standard Conditions of Hire’ document appended as Annex 2.2.1 (as may be reasonably modified from time to time) shall be complied with, adequately monitored and enforced at all times when the premises facilities are subject to hire. It should be noted that the responsibilities placed on the hirer do not alleviate the premises licence holder from compliance with statutory duties.
3. The premises licence holder shall ensure that hirers of the licensed premises shall be required to use the provided audio system of speakers and amplifiers which shall have a preset sound limiter incorporated. The sound limiter shall have restricted access and hirers shall not be permitted to tamper with or alter the existing pre-set noise levels.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Not applicable.
ANNEX 2.2.1
Standard Conditions of Hire for rooms at the Tithe Barn (‘the Premises’) at Sproughton
(If the hirer is in doubt as to the meaning of the following, the Parish Clerk should immediately be consulted)
For the purposes of these conditions, the term HIRER shall mean an individual hirer or, where the hirer is an organisation, the authorised representative of that organisation.
The term Premises Supervisor shall mean the qualified person who is named by the Parish Council and recognised by Babergh District Council as being responsible for the day to day management of the premises.
1 Supervision
THE HIRER will, during the period of hire, be responsible for:
1.1 supervision of the premises, including the fabric and contents
1.2 ensuring adequate adult supervision of persons under 18 using the contents
1.3 supervising car parking arrangements so as to avoid obstruction of the fire exits or footway
1.4 ensuring there is no noise nuisance
1.5 ensuring the availability of a working telephone to enable calls to emergency services
2 Use of Premises
THE HIRER shall not use the Premises for any purpose other than that described in the hiring agreement, shall not sub-let or use the Premises, or allow the Premises to be used for any unlawful purpose or in any unlawful way nor do anything or bring onto the premises anything which may endanger the Premises or render invalid any insurance policies in respect thereof.
3 Gaming, Betting and Lotteries
THE HIRER shall ensure that nothing is done on or in relation to the Premises in contravention of the law relating to gaming, betting and lotteries.
4 Public Safety Compliance
THE HIRER shall comply with all conditions and regulations made in respect of the Premises by the Fire Authority, Local Authority, the Local Magistrates’ Court or otherwise.
For any public event, 2 marshals must be designated and readily identifiable to the public
Marshals must know the location of the fire exits and first aid equipment.
If there are to be more than 100 people then an additional marshal must be designated for each 50 people over 100 e.g. 6 marshals for 300 people.
If there are more than 150 people then one of the marshals must hold a valid certificate of competence in first aid work.
5 Health and Hygiene
THE HIRER shall, if preparing, serving or selling food observe all relevant food health and hygiene legislation and regulations.
6 Electrical Appliance safety
THE HIRER shall ensure that any electrical appliances brought by them to the Premises and used there shall be PAT certified, safe and in good working order, and used in a safe manner.
7 Indemnity
THE HIRER shall indemnify Sproughton Parish Council for the cost of repair of any damage done to any part of the Premises including the curtilage thereof or the contents which occurs as a result of the hire.
THE HIRER shall be responsible for making arrangements to insure against any third party claim which may lie against him or her (or the organisation if acting as a representative) whilst using the Premises. (The Premises are insured against any claims arising as a result of negligence of the Parish Council.)
8 Accidents and Dangerous Occurrences
THE HIRER must report all accidents involving injury to the public to the Parish Clerk as soon as possible. Any failure of equipment belonging to the Premises must also be reported as soon as possible.
9 Compliance with the Children Act
THE HIRER shall ensure that any activities for children under eight years of age comply with the provisions of the Children Act of 1989 and that only fit and proper persons have access to the children (see VHIS No.5).
10 Fly Posting
THE HIRER shall not carry out or permit fly posting or any other form of unauthorised advertisements for any event taking place at the Premises, and shall indemnify Sproughton Parish Council accordingly against all action, claims and proceedings arising from any breach of this condition. Failure to observe this condition may lead to the prosecution by the local authority. The hirer shall not affix any notice to the internal fabric of the Premises.
11 Sale of Goods
THE HIRER shall, if selling goods on the Premises, comply with Fair Trading Laws and any code of practice used in connection with such sales.
12 Cancellation by Hirer
IF THE HIRER wishes to cancel the booking before the date of the event and Sproughton Parish Council is unable to conclude a replacement booking, the question of the payment or repayment of the fee shall be at the discretion of Sproughton Parish Council.
Cancellation by Parish Council
SPROUGHTON PARISH COUNCIL reserves the right to cancel this hiring in the event of the Premises being required for use as a Polling Station for a Parliamentary or Local Government election or bye-election, in which case the Hirer shall be entitled to a refund of any deposit already paid.
13 Fit for Use
In the event of the Premises or any part thereof being rendered unfit for the use for which it has been hired, Sproughton Parish Council shall not be liable to the hirer for any resulting loss or damage whatsoever.
14 Refusal of Booking
SPROUGHTON PARISH COUNCIL reserves the right to refuse a booking without notice or to cancel this hiring agreement at any time either before or during the term of the agreement upon giving 7 days notice in writing to the hirer.
THE HIRER shall be entitled upon such notice to reimbursement of such monies including the deposit or a proportion of the same as have been paid by the hirer to Sproughton Parish Council but Sproughton Parish Council shall not be liable to make any further payment to the hirer.
15 End of Hire
THE HIRER shall be responsible for leaving the Premises and surrounding area in a clean and tidy condition, properly locked and secured unless directed otherwise and any contents temporarily removed from their usual positions properly replaced as per floor and cupboard plans, otherwise Sproughton Parish Council shall be at liberty to make an additional charge.
16 Noise
THE HIRER shall not cause or permit to be caused any noise nuisance at any time. The hirer will be required to use the provided audio system of speakers and amplifiers which have a preset sound limiter incorporated. This sound limiter has restricted access and hirers will not be permitted to tamper with the existing pre set noise levels. A range of audio input connectors is available.
17 Explosives and Flammable Substances
Highly flammable substances shall not be brought into, or used in any portion of the Premises.
No internal decorations of a combustible nature (e.g. polystyrene, cotton wool), shall be erected without the consent of Sproughton Parish Council.
THE HIRER SHALL NOT PERMIT SMOKING OR BARBECUES ON THE PREMISES.
18 Heating
No unauthorised heating appliances shall be used on the Premises. Portable liquefied petroleum gas (LPG) heating appliances shall not be used.
19 Hours of Opening
The premises shall not be used for public entertainment except between the hours of 8:00am and 22:30pm unless special permission has been issued by Babergh District Council and by Sproughton Parish Council.
20 Sale of Alcohol
THE HIRER shall ensure that licensing laws are adhered to. Permission to sell alcohol should be sought in advance from the Premises Supervisor who reserves the right to be present for the hiring period.
21 Film presentations
THE HIRER shall ensure that the British Board of Film Classification restrictions are adhered to. Permission to show films should be sought in advance from the Premises Supervisor who reserves the right to be present for the hiring period.
22 Keys
The keys shall be the responsibility of the person who has signed the hiring agreement throughout the period of hire. If lost, the hirer shall be liable for the cost of a set of replacement keys. Should Sproughton Parish Council find that the hirer has copied the keys the Council shall take such action as necessary to secure the return of all copied keys, or, if this is not successful, will replace all affected locks with new locks and will seek to recover the cost of doing so from the hirer / holder of the copied keys.
Maximum number of persons permitted on the premises
Main barn
Seated at tables 120 Seated audience 300
Dancing only 300 Mixed (tables/chairs and dancing) 150
Barley Room
Seated audience 30 Standing 50
For seated audiences, chairs must be secured in groups of not less than 4 and not more than 14. Gangways of 1.1m (about 3 chairs width) must be provided. There should be a maximum of 16 chairs between gangways. Wheelchairs should not be allowed to block these gangways. Care should be taken not to block fire exits.
Suggested seating layouts can be provided.
Where the Barn and the Barley room are both booked, the maximum number of persons permitted is that specified for the Barn only.
Signature of hirer …………………………………………………….. Date ……………….