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.
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 relevant person (the holder of the premises licence, the designated premises supervisor (if any) in respect of such a licence, the personal licence holder who makes or authorises a supply of alcohol under such a licence, or any member or officer of a club present on the premises in a capacity which enables the member or officer to prevent the supply in question) shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
For the purposes of this condition “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979, “permitted price” is the price found by applying the formula -
P = D + (D x V)
where - (i) P is the permitted price, (ii) D is the rate of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and (iii)
V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
[“value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994]
Every supply of alcohol under the premises licence must be made or authorised by the management committee as (premises licence holder).
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:
The prevention of crime and disorder
I will ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the premises licence.
I shall ensure that public information notices about crime and disorder issues are displayed at the requested of the Council or the Suffolk Constabulary.(e.g. Customer Code of Conduct)
I will display any restrictions on the admittance of individuals according to age (e.g. Children) on or immediately outside the premises.
I will display any conditions of entry to the premises in the vicinity of any entrance to the premises.
I will ensure that lighting is provided outside the premises during the hours of darkness when any licensable activity takes place on the premises.
Public safety
I will make sure that where chairs and tables are provided, internal gangways are kept unobstructed.
I 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.
I will make sure that any removable security fastenings are removed whenever the premises are open to the public or occupied by staff.
Safety checks are carried out before the admission of the public or club members and guests; and details of such checks are kept legibly, timed and dated in a log-book.
I will make sure that notices detailing the action to be taken in the event of fire or other emergencies, including how the fire brigade should be summoned, are prominently displayed and protected from damage and deterioration.
Access for emergency vehicles shall be kept clear and free from obstruction
I will make sure 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;
I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises
In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational;
I will make sure that emergency lighting batteries are fully charged before admission of the public;
In the event of failure of normal lighting, where the emergency lighting battery has a capacity of one hour, I will make sure that evacuation of the premises is possible within 20 minutes;
Where the emergency lighting battery has a capacity of three hours, I will make sure that evacuation of the premises is possible within one hour;
I will make sure that I have valid public liability insurance in force and that a copy of the schedule is available for inspection by an authorised officer on request.
Where a ring is used, I will make sure that it is constructed and installed by a competent person and inspected by a competent authority. Any material used to form the skirt will be fire-retardant;
I will ensure that at any wrestling or similar entertainment, members of the public do not occupy any seats within 2.5 metres of the ring;
I will make sure that the use of special effects or mechanical installation is arranged and stored so as to minimise any risk to the safety of the audience, performers and staff;
I will give prior notification to the Licensing and/or Fire Authority when I intend to use any of the following special effects:
Dry ice machines and cryogenic fog;
Smoke machines and fog generators;
Foam cannon/snow machine;
Pyrotechnics, including fireworks;
Real flame;
Firearms;
Motor vehicles;
Strobe lighting;
Explosives and highly flammable substances;
Lasers; (see HSE Guide The Radiation Safety of lasers for display purposes [HS(G)95] and BS EN 60825;Safety of laser products)
I will make sure that staff on the premises monitor and record the number of patrons within the premises.
The number of attendants on each floor in a closely seated auditorium will be as set out below:
Members of the audience present on a floor
Minimum number of attendants required to be present on that floor
1-100 One
101 – 250 Two
251 – 500 Three
501 – 750 Four
751 – 1000 Five
Each additional 250 persons (or part thereof) One
I will make sure that attendants are not engaged in any duties that would hinder the prompt discharge of their duties in the event of an emergency or entail their absence from the auditorium where they are on duty;
I will make sure that attendants will be readily identifiable to the audience;
I will make sure that no article are attached to the back of any seats which reduce the clear width of seat ways or cause a tripping hazard or obstruction;
I will keep 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 on request
I will make sure that in no circumstances is anyone permitted to:-
(i) sit in any gangway;
(ii) stand or sit in front of an exit; or
(iii) stand or sit on any staircase including any landings;
I will make sure that clothing or other objects are not placed over balcony rails or upon balcony fronts.
I shall make sure that all scenery is maintained fire retardant
I will make sure 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.
(NB: Where the potential audience exceeds 250)
The following number of attendants will be present during film exhibitions (as set out in the tables below):
Number of members of the
audience present on the premises
Minimum number of attendants
required to be on duty
1-250 Two
Each additional 250 members of the audience present (or part thereof)One additional attendant
Where there are more than 150 members of an audience in any auditorium or on any floor
At least one attendant shall be present in any auditorium or on any floor
I will make sure that no flammable films are allowed on the premises without prior notification to the fire and/or licensing authority;
I will make sure that the level of lighting in the auditorium is as great as possible, consistent with the effective presentation of the film.
The prevention of public nuisance
I will install and use a noise limiter on amplification equipment in accordance with guidance from the Councils Environmental Health Officers;
I will make sure that the placing of bottles into receptacles outside the premises takes place at times that will minimise disturbance to nearby properties;
I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.
I will ensure that any ventilation system has suitable sound attenuation.
I will 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.
Ensure that receptacles for waste are emptied regularly to minimise nuisance smells.
I will ensure that flashing or particularly bright lights on or outside the licensed premises do not cause a nuisance to nearby properties, whilst balancing the need for lighting in the interests of prevention of crime and disorder.
I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site.
I will make sure that receptacles for refuse storage are maintained in a clean condition.
I will make sure litter is regularly cleared form the vicinity of the premises.
The protection of children from harm
I will not exhibit any film unless -
It has received a "U", "PG", "12A", "15" or "18" certificate from the British Board of Film Classification; or
It is a current newsreel which has not been submitted to the British Board of Film Classification
Where the admission to film performances is restricted by age, I will display a notice to the effect below:
PERSONS UNDER THE AGE OF (INSERT APPROPRIATE AGE) CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME
I will require that children under the age of 12 are accompanied by adults after 11.00pm in the evening.
I will make sure that attendant(s) are stationed in the area(s) occupied by the children and in the vicinity of each exit, at a ratio of one attendant per 50 children (or part thereof);
I will make sure that the backstage facilities are large enough to accommodate safely the number of children taking part in any performance;
I will make sure that all chaperones and production crew on the show receive instruction on the fire procedures prior to the arrival of the children;
I will make sure that special effects, including smoke, dry ice, rapid pulsating or flashing lights, are not used in performances involving children;
I will make sure 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;
I will make sure that children are accounted for at all times in case of an evacuation or emergency;
Note: The above considerations may be appropriate when a cast includes large numbers of children, in addition to the requirements in the Children (Performances) Regulations 1968.