ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 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
1.2 Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
1.3 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.
1.4 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 (unless where the individual is exempt from obtaining an SIA registration under the Private Security Industry Act 2001).
1.5 The responsible person must 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 -
(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 in a manner which carries a significant risk of undermining a licensing objective;
(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 in a manner which carries a significant risk of undermining a licensing objective;
(d) 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;
(e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).
1.6 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.7 (a) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
(b) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.
(c) 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
either -
(i) a holographic mark, or
(ii) an ultraviolet feature.
1.8 The responsible person must 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;
(b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and
(c) where a customer does not in relation to a sale of alcohol specify the quantity of
alcohol to be sold, the customer is made aware that these measures are available.
1.9 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]
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 promotion of the licensing objectives
2.1 The Premises Licence holder or his nominated representative shall ensure that the following timings (including closure of the premises), last admission and closure of the licensed site, applies at all times to the licensed premises:
(a) “The T bar” as marked on the licensed plan in Annex 4
Licensable activities in the T bar as marked on the licensed plan in Annex 4 shall cease by 01:30 hours on Monday to Saturday and non-standard timings; and shall cease by 00:30 hours on Sunday.
No new customers shall be admitted to the T bar area of the licensed premises from one hour prior to closure of the T bar area of the licensed premises on any given day.
The T bar area of the licensed premises shall be closed to the public by 02:00 hours Monday to Saturday and non-standard timings; and shall close to the public by 01:00 hours on Sunday.
(b) “The Mill Bar & Grill” as marked on the licensed plan in Annex 4
Licensable activities in the Mill Bar & Grill as marked on the licensed plan in Annex 4 shall cease by 02:30 hours on Friday, Saturday and non-standard timings; by 00:30 hours on Sunday; by 01:30 hours on Monday to Wednesday; and by 02:00 hours on Thursday.
No new customers shall be admitted to the Mill Bar & Grill area of the licensed premises from 02:00 hours on Friday and Saturday and non-standard timings; from 01:00 hours on Monday to Wednesday; from 01:30 hours on Thursday; and from 00:00 hours on Sunday.
The Mill Bar & Grill area of the licensed premises shall be closed to the public by 03:00 hours on Friday and Saturday and non-standard timings; shall close to the public by 01:00 hours on Sunday; shall close to the public by 02:00 hours on Monday to Wednesday; and shall close to the public by 02:30 hours on Thursday. The smoking shelter of the licensed premises which is accessed by patrons of Carbon through the Mill Bar & Grill area may still be accessed by Carbon patrons only, after the closure to the public of the Mill Bar & Grill area up until the closure to the public of the Carbon area.
(c) “Carbon” as marked on the licensed plan in Annex 4
Licensable activities in Carbon as marked on the licensed plan in Annex 4 shall cease by 03:30 hours on Friday, Saturday and non-standard timings; by 00:30 hours on Sunday; by 02:00 hours on Monday to Wednesday; by 02:30 hours on Thursday.
No new customers shall be admitted to the Carbon area of the licensed premises from 02:00 hours on Friday and Saturday and non-standard timings; from 01:00 hours on Monday to Wednesday; from 01:30 hours on Thursday; and from 00:00 hours on Sunday.
The Carbon area of the licensed premises shall be closed to the public by 04:00 hours Friday and Saturday and non-standard timings; shall close to the public by 01:00 hours Sunday; shall close to the public by 02:30 hours Monday to Wednesday; and shall close to the public by 03:00 hours Thursday.
(d) Closure of the Premises Site
The Premises Licence Holder or his nominated representative shall ensure that all customers have left the licensed premises site after licensable activities have ceased on the following days from 02:30 hours on Monday to Wednesday; from 03:00 hours on Thursday; from 04:00 hours on Friday, Saturday and non-standard timings; and from 01:00 hours on Sunday.
2.2 The Premises Licence Holder shall notify the Police and Licensing Authority in writing of any relevant adult only entertainment activities at the licensed premises a minimum of 28 days prior to the entertainment taking place. For these purposes ‘relevant entertainment’ means any live performance or any live display of nudity which is of such a nature that it, ignoring financial gain, must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means). For the avoidance of any doubt, the premises licence holder shall seek an appropriate separate sexual entertainment venue authorisation under the provisions of the Local Government (Miscellaneous Provisions) Act 1982 if intending to operate outside of the exemption afforded by the Policing and Crime Act 2009 for infrequent events.
2.3 The Premises licence holder or the Designated Premises Supervisor shall ensure that all bar staff engaged in the sale of alcohol shall be trained in Licensing Law including offences and responsible alcohol retailing to a minimum standard of BIIAB level 1 or equivalent within 3 months of commencing employment at the premises. Training records shall be kept on the premises and produced to the Police or authorised officer of the licensing authority upon request. Staff should have training reviewed every 6 months to ensure they are up to date with current legislation. Equivalent training can be done in-house using on-line packages.
2.4 The Premises Licence Holder or their nominated representative shall ensure that a suitable and sufficient risk assessment is conducted for any proposed boxing or wrestling entertainment taking place at the venue, and this shall be completed prior to the commencement of the relevant entertainment. Where appropriate the relevant sport's governing body regulations or recommendations shall be considered within the risk assessment and implemented, where appropriate, for the event or activity.
2.5 An appropriate level of competent, and appropriately qualified, first aid and/or medical practitioners shall be present throughout a sports entertainment involving boxing, wrestling, judo, karate, mixed-martial arts or similar activity- whether it is the main entertainment or ancillary.
2.6 Any ring for the purposes of boxing or wrestling entertainment shall be constructed by a competent person and/or inspected by a competent authority.
2.7 At any boxing or wrestling or other entertainments of a similar nature members of the public shall not occupy any seat within 2.5 metres of the ring. Audience members shall not be permitted to stand on any stairwell or balcony area which directly overlooks the ring or exhibition area whilst an event is in progress.
2.8 Plastic or polycarbonate drinking vessels shall be used at all times during all boxing and wrestling or similar entertainment events at the licensed premises, without exception. Drinks which are only available in bottles/glassware must be decanted to plastic or polycarbonate vessels. No bottles/glassware shall be left accessible in the vicinity of the boxing or similar entertainment activity.
2.9 Entry to any boxing, wrestling or similar entertainment activity shall be by prior ticket arrangement only.
2.10 Vulnerable customers will be aided by staff by ensuring that they are offered an area away from the public view and medical/Police assistance as necessary.
Prevention of Crime and Disorder
2.11 The Premises licence holder for Maltings Entertainment Complex shall ensure that a minimum of 2 (two) SIA registered door supervisors per 100 persons shall be employed at the premises on Fridays, Saturdays, and non-standard timing days. 1 (one) SIA registered door supervisor shall be deployed to monitor the smoking area. For every additional 100 persons the premises licence holder shall ensure that an additional SIA registered door supervisor is in attendance. Where the premises are used for private functions, these shall be appropriately risk assessed to determine whether door supervisors are required. Door supervisors shall be employed from 22:00hrs up until closure of the licensed premises site. All door supervisors shall be easily identifiable by means of high visibility clothing/uniform/fluorescent band and badge. All door supervisors upon commencing duty shall sign an attendance book with their SIA number and signature. The attendance book shall be made available to the police or an authorised officer of the licensing authority immediately upon request.
The Premises Licence Holder shall suitably and sufficiently risk-assess events and other licensable activities and, in consultation with his door security provider, deploy commensurable levels, timings and locations of door supervision. Where the Premises Licence Holder's risk-assessment in consultation with the door security provider identifies that it is appropriate for searches to be conducted on females then a minimum of one female SIA door staff shall be on duty. If an event exceeds proposed attendance the premises licence holder shall ensure that additional SIA registered door supervisors shall be employed.
2.12 The Premises Licence Holder shall ensure that door supervisors, where so employed, shall ensure that if there is a queue outside of the licensed premises, that an orderly queue is maintained. Door supervisors shall monitor the full length of the queue for signs of drunkenness and 'pre-loading', anti-social behaviour or use/possession of illegal substances or weapons.
2.13 The Premises Licence Holder shall ensure that all persons requesting re-entry to the licensed premises, without exception, shall be searched by an SIA registered door supervisor with records of such searches to be legibly recorded in a log book for that purpose. The log book shall be provided to an authorised officer of the Police or Licensing Authority upon request. Customers shall not be permitted entry or exit whilst carrying glass or alcohol. For the avoidance of any doubt, customers seeking re-admittance to the venue who are unable to be appropriately searched shall be refused re-admittance. For further avoidance of doubt, patrons that are observing the smoke-free legislation in the designated smoking-areas for the licensed premises, and whilst they have been under the direct control and supervision of the door supervisors, may be re-admitted to the licensed premises.
2.14 On any day from 22:00 hours, where SIA registered door supervisors are used, the search policy shall be implemented. A minimum ratio of one in ten customers shall be randomly searched upon entry to the licensed premises. Random searches shall not apply to customers requesting re-entry whom shall be searched in accordance with condition X. All persons suspected of possessing prohibited articles shall be searched upon entry. Clear signage shall be prominently displayed advising customers that they may be searched as a condition of entry. A table shall be made available in the foyer area to conduct searches of larger items such as bags. Any prohibited articles shall be securely stored in an area the public do not have access to. Police shall be notified within 36 hours of any prohibited articles for collection. If the premises host a special event then the nature of the event shall be individually risk assessed to determine whether the search policy shall be implemented for those patrons of the special event. The risk assessment shall be in a written format and made available to an authorised officer of the police or officer of the licensing authority on demand. Such special events shall be specified in the premises ‘special event policy’.
2.15 The Premises licence holder or designated premises supervisor shall ensure that any individual found in possession of any illegal substance or weapon shall be excluded or ejected from the licensed premises.
2.16 Policies and logs will be written for the premises relating to the following categories:
o Emergency procedures
o Fire safety/evacuation plan
o Refusals/banning policy
o Prohibited items policy
o Dispersal policy
o Door policy
o ID checks policy
o Search policy
o Hiring vetting policy
o Smoking area policy
o Disorder and ejection policy
o Alcohol & social responsibility policy
o CCTV policy and procedure
o Special events policy
o Customer complaints policy
o Incident report form
o Capacity log
o Refusals log
o Banned log
o CCTV log
o Ladies toilet check log
o Gents toilet check log
2.17 These policies and logs (above at 2.16) shall be maintained so as to be up-to-date, accurate, relevant and subject to annual review by premises licence holder. All policies and logs shall be made available for inspection upon request to an authorised officer of the Police or Licensing Authority.
2.18 The Premises Licence Holder shall ensure that signage shall be prominently displayed and maintained on the licensed premises advising customers and staff of any relevant crime and disorder issues, age restrictions and conditions of entry to the licensed premises.
2.19 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.
2.20 Toilet areas shall be checked at least once every half hour (30 minutes) whilst the premises are open for licensable activities. A ‘toilet-check’ log book shall be legibly and accurately endorsed to this effect and made available to police or an authorised officer of the licensing authority immediately upon request. Staff shall be diligent to monitor toilet areas for signs of, and to prevent, drug taking, as well as public safety issues. This shall include treating surfaces to reduce their potential for drug use.
2.21 The Premises Licence Holder shall ensure that all drinks sold in Carbon, whilst operating as a nightclub, shall be served, or decanted into, plastic or polycarbonate drinking vessels from 22:00hrs. Within the Mill Bar and Grill and Carbon (not whilst operating as a nightclub) glasses can be used up until 23:00 hours on any given day with the Premises Licence Holder or their nominated representative to begin transition from glasses to plastic or polycarbonate drinking vessels from 23:00hrs. The Premises Licence Holder or their nominated representative shall at all times ensure that there is no crossover of glasses being taken from The Mill Bar & Grill into other areas of the licensed premises.
2.22 The Premises Licence Holder shall ensure that where an exceptional event or activity (for example wedding reception, sporting events or similar functions that takes place within Carbon) merits the consideration of use of glass or bottles then a suitable and sufficient risk assessment shall be undertaken by the premises licence holder.
2.23 The Premises Licence Holder shall ensure that CCTV shall be installed and maintained at the licensed premises provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions (particularly facial recognition). Cameras shall encompass all internal areas, all entrance and exit points to the premises, fire exits, outside areas (including designated smoking areas and car park area) and all recordings shall also be made a minimum of 30 minutes before and 30 minutes after the times when the public are on the premises. CCTV equipment shall be maintained in good working order and be correctly time and date stamped. Recordings shall be kept in date order, numbered sequentially and kept for a minimum period of 28 days and made available to an authorised officer of the Police or the Licensing Authority upon reasonable request and in any event within 24 hours.
2.24 The Premises Licence Holder shall ensure that at all times an appointed member of staff is capable of and competent at downloading CCTV footage in a viewable format onto disc or storage device, which shall be made available to the Police or Local Authority within 36 hours of a request. The recording equipment and media shall be kept in a secure environment under the control of a responsible named individual. In the event of any system failings, actions taken are to be recorded. In the event of technical failure of the CCTV equipment the Premises Licence Holder/Designated Premises Supervisor shall report the failure to the Police and Licensing Authority immediately. It should be noted that any retention, use (including siting of cameras) 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 or condition 2.30.
2.25 The Premises Licence Holder shall operate a 'driver's shelf’ selection of non-alcoholic beverages, and display signage to remind patrons to not drink and drive.
2.26 An incident book(s)/refusals book shall be kept and maintained on the premises at all times. The book(s) shall detail all incidents of injury/ejection/refusals/drug misuse/seizure/age challenge. Such matters shall be timed, dated and signed by the author and produced to Police or an authorised officer of the Licensing Authority on demand. In the case of refusals register, there shall be one at each bar area, or any other area utilised for the supply of alcohol.
2.27 The Premises Licence Holder shall ensure that the incident book shall be kept at the premises for a minimum period of six months from the final entry date, after which the register shall be kept in accordance with data retention principles, and shall record the following matters:
o All crimes reported to the venue, or by the venue to the police;
o All ejections of patrons;
o Any complaints received;
o Any incidents of disorder;
o Seizures of drugs, offensive weapons, fraudulent ID or other items;
o Any faults in the CCTV system or searching equipment or scanning equipment;
o Any refusal of the sale of alcohol; and
o Any visit by a relevant authority or emergency service.
Public Safety
2.28 The Premises Licence Holder shall ensure that any special effects or any mechanical installation are stored and operated so as to minimise any risk to the safety of the audience, staff or performers. Staff on duty shall monitor patrons and be vigilant to persons attempting to climb poles, balconies, speakers and other fixtures and fittings.
2.29 The Premises Licence Holder shall ensure that guidance is sought from the relevant responsible authority prior to the use of any explosives, pyrotechnics, fireworks, smoke, foam or devices of a similar nature so as to promote the public safety objective.
2.30 The Premises Licence Holder shall ensure that at all times whilst the public are present there is at least one trained person able to administer first aid, and that a supply of first aid equipment and materials is available on the premises. Records shall be maintained in relation to the supply of any first aid treatment.
2.31 The Premises Licence Holder shall ensure that the maximum capacity of persons using smoking areas shall be determined in a written risk-assessment which is approved by the Designated Premises Supervisor (DPS). Staff shall be tasked to monitor and enforce this capacity. The risk-assessment shall be made available immediately upon request to an officer of the Local Authority or the Police.
Prevention of Public Nuisance
2.32 The Premises Licence Holder shall ensure that waste receptacles used at the licensed premises shall be lidded and maintained in a clean condition and that litter and waste, including smoking related litter, shall be regularly cleared from the immediate vicinity of the licensed premises.
2.33 Notices shall be prominently displayed and maintained at exit points from the licensed premises alerting patrons of the need to leave the premises and the area quietly and to avoid disturbance to neighbouring properties.
2.34 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.
2.35 The Premises Licence Holder shall ensure that, with the exception of the main front entrance doors, all doors and windows at the licensed premises, including internal lobby doors, shall be kept closed save for ingress or egress whilst the premises are open to the public for licensable activities - in order to minimise any noise escape. All such doors shall be fitted with self-closing devices.
2.36 Any cooler, condenser or ventilation/extraction systems used at the premises shall be positioned, sound attenuated and operated so as to minimise any risk of public nuisance being caused to neighbouring properties.
2.37 The Premises Licence Holder shall ensure that a reasonable competent individual shall, hourly, survey noise breakout from the licensed premises whilst regulated entertainment is being provided. Where the noise or vibration level is such that it is likely to cause disturbance to residential properties, he/she shall decrease the volume level accordingly. Where excessive noise is detected, details of the checks, including date, times and actions taken, are to be logged in a logbook and kept on the licensed premises for a minimum of 2 (two) years. The logbook shall be made available to an authorised officer of the Licensing Authority or Responsible Authority immediately upon request.
2.38 The volume control of any amplification equipment being used on the licensed premises shall be kept under the direct control of the Designated Premises Supervisor (DPS)/manager, or another responsible individual nominated by the DPS, on all occasions. At the direct request of an authorised officer of the local authority or Police, the volume level shall be decreased immediately.
Protection of Children from Harm
2.39 The Premises Licence Holder shall ensure that no person under the age of 18 shall be permitted on the licensed premises at any time whilst the area known as ‘Carbon’ as shown on the plan attached as Annex 4 is being used as a nightclub or bar.
2.40 At no time whilst the licensed premises are open shall persons under the age of 18 be permitted to be in attendance whilst ‘adult entertainment’ is taking place. For this purpose ‘adult entertainment’ means relevant entertainment as defined by the Local Government (Miscellaneous Provisions) Act 1982 (as amended).
2.41 Where the above conditions (2.46 and 2.47) do not apply, persons under the age of 18 shall only be permitted on the licensed premises:
o Whilst attending a pre-booked function and accompanied by a responsible person aged 18 or over.
o Whilst in the area known as ‘The Mill Bar & Grill’ (as shown on the plan attached as Annex 4), partaking in table meals and accompanied by a responsible person aged 18 or over.
o All prebooked functions intending to involve 16-18-year-olds shall be subject to a risk assessment and shall be suitability and sufficiently separated and supervised to ensure that persons under the age of 18 are not able to purchase and/or consume alcohol. This condition shall apply to all areas of the licensed premises.
o
2.42 The premises licence holder shall operate a ‘Challenge 25’ proof of age scheme at the licensed premises. Bar staff and, where used, door staff shall request production of a proof of age photographic identity document where the individual seeking admission to the venue, or requesting sale of alcohol by retail appears to be under the age of 25 years. For these purposes acceptable forms of identity shall be a passport, driving licence or pass/similar accredited photo-identity card.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
Licensing Sub-Committee Decision on 9 July 2015
1. Carbon shall use a Club ID scan or a suitable equivalent after 22:00hrs.