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.
5. The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -
(a) games or other activities which require or encourage, or are designed to require or
encourage, individuals to -
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or
supplied on the premises before the cessation of the period in which the responsible
person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or
discounted fee to the public or to a group defined by a particular characteristic (other than
any promotion or discount available to an individual in respect of alcohol for
consumption at a table meal, as defined in section 159 of the Act);
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or
reward the purchase and consumption of alcohol over a period of 24 hours or less;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a
sporting event, where that provision is dependent on -
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) selling or supplying alcohol in association with promotional posters or flyers on, or in the
vicinity of, the premises which can reasonably be considered to condone, encourage or
glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable
manner.
6. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
7. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
8. (a) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(b) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.
9. The responsible person shall ensure that -
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the
premises (other than alcoholic drinks sold or supplied having been made up in advance
ready for sale or supply in a securely closed container) it is available to customers in the
following measures -
(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures.
The prevention of crime and disorder
The premises licence holder shall install CCTV equipment covering licensed areas, access and egress points at the premises and shall ensure that CCTV equipment is maintained in working order. The premises licence holder shall set the CCTV equipment to record from the time that the premises open to the public until the premises close and all members of the public have left.
The premises licence holder shall ensure that CCTV recordings are retained for at least twenty eight days and are produced to an authorised officer upon demand. The premises licence holder shall prominently display and maintain notices advising that CCTV has been installed on the premises, so that the public are made aware within the licensed premises. The premises licence holder shall ensure that any cameras covering the exterior of the premises are left to record for a period not less than one hour (where members of the public congregate outside the premises) after closure of the premises to the public. It should be noted that any retention, use or disclosure of personal information captured on CCTV must be carried out in line with data protection principles which shall override any conflicting element of this condition.
The premises licence holder and/or the designated premises supervisor shall ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the premises licence (Annex 4).
The premises licence holder shall ensure that the maximum occupancy of the licensed premises is restricted at any one time to 220 (two hundred and twenty persons). For the avoidance of doubt any alternate maximum safe capacity level set by the Fire Officer under separate regulation shall take precedence.
The premises licence holder shall ensure that a secure deposit box is kept on the premises for the retention of confiscated items and ensure that the police are advised of any items which require safe disposal.
The premises licence holder shall display any restrictions on the admittance of individuals according to age (e.g. Children) on or immediately outside the premises.
The premises licence holder shall display any conditions of entry to the premises in the vicinity of any entrance to the premises.
The premises licence holder shall participate in the local PubWatch/Nightsafe or similar scheme operating in the Borough/District where such a scheme is in operation. Any individual banned via PubWatch or court order shall be excluded from the licensed premises.
The premises licence holder shall be responsible for the disposal of waste at the frontage of the premises and make provision for the emptying of litter bins in the vicinity of the premises.
The premises licence holder shall ensure that adequate lighting is provided to external areas of the licensed premises during the hours of darkness at times when any licensable activity takes place on the premises. The premises licence holder shall ensure that flashing or particularly bright lights on or outside the licensed premises do not cause a nuisance to nearby properties.
The premises licence holder shall engage with the local SNT and other community initiatives to promote the licensing objectives.
The premises licence holder shall risk assess the need for use of door supervisors for licensable events and activities, and when they are considered to be necessary door staff shall be tasked to:
prevent the admission and ensure the departure from the premises of drunk and disorderly persons, without causing further disorder;
keep out excluded individuals (subject to court or PubWatch bans);
search and exclude persons suspected of carrying illegal drugs or offensive weapons; and
maintain an orderly queue outside the venue.
The premises licence holder shall participate in any Town Link Radio or similar communication scheme in relation to the night time economy.
Public Safety
The premises licence holder shall ensure that escape routes and exits, including external exits, are maintained to ensure that they are not obstructed, in good order with non-slippery and even surfaces, free of trip hazards and clearly identified.
The premises licence holder shall ensure that where chairs and tables are provided, internal gangways are kept unobstructed.
The premises licence holder will make sure that all exit doors are easily openable and do not require the use of a key, card, code or similar means. The premises licence holder will make sure that doors at such exits are regularly checked to ensure that they function satisfactorily and a record of the check is kept. The premises licence holder will make sure that any removable security fastenings are removed whenever the premises are open to the public or occupied by staff.
The premises licence holder shall ensure that all fire doors are maintained effectively so as self-closing and not held open other than by approved devices (for example, electromagnetic releases operated by smoke detectors).
Public safety checks shall be carried out prior to the admission of the public or club members and guests, with details of such checks to be legibly maintained in a log-book.
The premises licence holder shall ensure that hangings, curtains or temporary decorations are arranged so as to not obstruct exits, fire safety signs or fire-fighting equipment.
The premises licence holder shall ensure that a suitable and sufficient evacuation plan is in place for the licensed premises and all members of staff are briefed and familiar with the procedures and tasks to be undertaken in the event of an emergency requiring the safe evacuation of all or part of the premises.
The premises licence holder shall ensure that notices detailing the action to be taken in the event of fire or other emergencies, including how the fire service should be summoned, are prominently displayed and protected from damage and deterioration. The fire service shall be called at once to any outbreak of fire, however slight, and the details legibly recorded in a fire log-book.
Access to the licensed premises for emergency vehicles shall be kept clear and free from obstruction or hazard.
The premises licence holder shall ensure that when disabled people are present, adequate arrangements exist to enable their safe evacuation in the event of an emergency, and that patrons are made aware of these arrangements.
The premises licence holder shall ensure that an adequate and appropriate supply of first aid equipment and materials is available on the licensed premises. The premises licence holder shall ensure that a minimum of one trained first aider shall be on duty when the public are present on the licensed premises.
In the absence of adequate daylight, the premises licence holder shall ensure that the lighting in any area of the premises accessible to the public is fully operational.
All fixtures, fittings and equipment at the licensed premises - whether permanent or temporary - shall be inspected (and certificated where appropriate) by a commensurately competent person prior to first use or installation. Records of such inspections shall be legible recorded in a log-book and shall be made available to an authorised officer upon request.
The premises licence holder shall ensure that suitable and sufficient public liability insurance is maintained in force covering use of the licensed premises and that a copy of the schedule is made available for inspection by an authorised officer upon request.
The premises licence holder shall ensure that an appropriately qualified medical practitioner is present throughout any regulated boxing or wrestling entertainment or indoor sporting activities/entertainment of a similar nature.
Where a ring is used, the premises licence holder shall ensure that it is constructed and installed by a commensurately competent person and inspected by a competent authority. Any material used to form the skirt shall be fire-retardant. The premises licence holder shall ensure that at any boxing, wrestling or similar entertainment, members of the public do not occupy any seats within 2.5 metres of the ring.
The premises licence holder shall ensure that the use of any special effects or mechanical installation is arranged and stored so as to minimise any risk to the safety of the audience, performers and staff.
The premises licence holder shall ensure that a ‘chill out’ space or area, which is cooler and quieter than the dancing areas, shall be maintained during disco, music and similar functions.
The premises licence holder shall provide sufficient seating to accommodate a minimum of 80% of the maximum capacity of the premises.
The premises licence holder shall ensure that staff on the premises monitor and record the number of patrons within the premises.
For film showings a minimum of two attendants shall be on duty. For other activities involving a closely seated audience there shall be a minimum of one attendant on duty for audiences of 1-100 persons and two attendants for audiences of 101-250 (or maximum permitted occupancy).
The premises licence holder shall ensure that attendants are not engaged in any duties that would hinder the prompt discharge of their duties in the event of an emergency situation, or entail their absence from the auditorium when they are on duty.
The premises licence holder shall ensure that attendants are readily identifiable to the audience, and wherever possible evenly distributed throughout all parts of the premises to which the public have access.
A copy of the seating plan shall be displayed at the licensed premises. The premises licence holder shall ensure that all seats in the auditorium are, except in boxes accommodating not more than 8 persons, either securely fixed to the floor or battened together in lengths of not fewer than four or more than twelve seats. The premises licence holder shall not permit use the premises for a closely seated audience except in accordance with seating plans.
The premises licence holder shall retain a copy of any certificate relating to the design, construction and loading of any temporary seating available so that it can be shown to any authorised person upon request.
The premises licence holder shall ensure that a staff alerting system is communicated and effectively maintained.
During film showings, the premises licence holder shall ensure that the level of lighting in the auditorium is as great as possible, consistent with the effective presentation of the film.
The premises licence holder shall not use, or permit on the licensed premises, the use of any appliances utilising cylinders or containers of gas. The premises licence holder shall not use, or permit the use of any paraffin or other mineral oil in any lamp, stove or other appliance except for cooking purposes.
The prevention of public nuisance
The premises licence holder shall ensure that noise or vibration from activities at the licensed premises is not noticeable at the nearest noise affected property.
During regulated entertainment or other potentially noisy activities, the premises licence holder shall ensure that doors and windows are kept closed (except for ingress and egress) to reduce the potential for nuisance from noise breakout.
The premises licence holder shall install and use a noise limiter on amplification equipment in accordance with any guidance given by the Council’s Environmental Health Officers.
The premises licence holder shall ensure that during the final hour of opening the music is discernibly quieter.
The premises licence holder shall display prominent, clear and legible notices at all exits requesting that patrons respect the needs of local residents and to leave the premises and the area quietly.
The premises licence holder shall seek advice from the appropriate responsible authority prior to the use of explosives, pyrotechnics and fireworks of a similar nature which could cause disturbance in surrounding areas.
The premises licence holder shall not permit the playing of live or recorded music in outdoor areas of the premises after 22:00 hours on any occasion. All outdoor activities which include live or recorded music, and any other similar activities, shall not commence before 10:00hrs and shall cease by 22:00hrs. These activities shall occur for not more than 4 hours in any one day, and this total may be divided into various time slots. In addition there shall be a maximum of 4 outdoor events per annum which include live or recorded music, with a minimum period of 48 hours between events, which are able to operate for longer periods of time but still between the hours of 10:00 hours and 22:00 hours.
The premises licence holder shall nominate a person to be responsible for monitoring noise levels and instruct that person to implement changes in noise levels in accordance with any request by an authorised officer of the Council immediately and ensure that volume is maintained at the reduced level.
The premises licence holder shall ensure that offensive smells from the licensed premises are not permitted so as to cause a nuisance to nearby properties and the premises are properly vented.
The premises licence holder shall ensure that any ventilation system has suitable sound attenuation.
The premises licence holder shall ensure that receptacles for waste are emptied regularly to minimise nuisance smells.
The premises licence holder shall provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site. Such receptacles shall be maintained in a clean condition.
The premises licence holder shall ensure that litter is regularly cleared from the vicinity of the premises/site. The premises licence holder shall provide for the removal, within 24 hours of the finish of the event, of:
All refuse (including litter picking across the site).
Off site litter within one mile of the site along access and egress routes to the event
The protection of children from harm
The premises licence holder shall implement and maintain a crime prevention policy which has been agreed by the police and local authority.
No children under the age of 12 years shall be permitted on the licensed premises after 23:00hrs unless accompanied by an adult.
The premises licence holder shall ensure that all chaperones and production crew on the show receive instruction on the fire and evacuation procedures prior to the arrival of the children.
The premises licence holder shall ensure that special effects, including smoke, dry ice, rapid pulsating or flashing lights, are not used in performances involving children.
The premises licence holder shall ensure that children performing in productions are kept under adult supervision at all times including transfer from stage to dressing room and anywhere else on the premises.
The premises licence holder shall ensure that children are accounted for at all times in case of an evacuation or emergency.