ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
1 The times permitted to sell alcohol do not prohibit or restrict the supply to, or consumption by, any person of alcohol in any premises where the premises are bona fide used, or intended to be used, for the purpose of habitually providing for reward, board and lodging, including breakfast and at least one customary main meal.
2 The times permitted to sell alcohol do not prohibit or restrict the sale of alcohol to a trader for the purposes of their trade or to a club with a Club Premises Certificate for the purposes of the club.
3 The times permitted to sell alcohol do not prohibit or restrict the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered.
4 The times permitted to sell alcohol do not prohibit or restrict the taking of alcohol from the premises by a person residing there.
5 The times permitted to sell alcohol do not prohibit or restrict the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by them at their own expense, or the consumption of persons so supplied.
6 The times permitted to sell alcohol do not prohibit or restrict the supply of alcohol for consumption on premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
7 The times permitted to sell alcohol do not prohibit or restrict the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces.
8 The times permitted do not prohibit or restrict, during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel.
9 The number of persons admitted to the premises on any one occasion shall not exceed the maximum occupancy of 825 (such number is inclusive of staff and performers working at the premises). This is based on fire safety issues, available floor space and the sanitary accommodation available.
10 The maximum occupancy of the venue in respect of the ground floor area at any one time shall be restricted to 600 persons plus 225 persons on the first floor areas. However, the upper floors of the premises shall not be used for licensed activities and furthermore the access to the same shall be secured against public use at any time whilst the premises are open and trading to the public until all outstanding works as per the current schedule have been completed, checked and cleared in writing by North Devon District Council’s Building Control department.
11 A system of hand held clickers to be used to count and control entry of the number of persons entering and leaving the premises, or parts of the premises where appropriate, to ensure that the maximum specified occupancy is not exceeded at any one time.
12 An authorised Officer upon their request shall be informed of the number of persons in the premises or part of the premises as appropriate.
13 As far as is reasonably practical, persons on or leaving the Premises shall be reminded to conduct themselves in an orderly manner and to not cause annoyance to nearby residents or persons passing by.
14 Notices shall be displayed encouraging patrons to use the cloakroom facilities in order to minimise any potential criminal theft activity from unattended handbags, coats etc.
15 A zero tolerance drugs policy is in force at the premises with the objective of securing, as far as reasonably practicable, the safety of patrons and others attending the premises.
16 The management of this establishment shall co-operate fully with the police in respect of any operations and investigation regarding the misuse of illicit drugs.
17 As a condition of entry, every customer on entering Babylon is required if asked to submit to a search. Failure to comply shall result in non-admission to the venue.
18 Once inside the venue customers may still be asked to submit to a search if they are suspected of being in possession of any illicit drugs.
19 If any customer is found in possession of illicit drugs, or if they are reasonably suspected of being in possession of illicit drugs, the police shall be informed immediately.
20 Any customer found on the premises or attempting to re-enter the premises in possession of illicit drugs shall be barred.
21 CCTV capable of covering both inside and outside the premises in positions agreed with the Police shall be provided to enhance the safety of patrons and staff.
22 All CCTV cameras shall be maintained in good working order.
23 The CCTV tapes and discs shall be securely retained for a minimum of 28 days or 14 days respectively and be made available to the police, where the police deem them to be of evidential value.
24 A notice shall be displayed at the entrance of the premises advising patrons that a CCTV system is in operation.
25 Sufficient numbers of door supervisors shall be provided on the premises, depending on the activities or entertainment taking place and anticipated number of patrons.
26 A register of all S.I.A. door supervisors, who are working at the premises whilst the public is present shall be maintained for each occasion and be available upon request for inspection by an authorised person.
27 Door supervisors shall be expected to follow S.I.A. Code of Behaviour policy.
28 When on duty every door supervisor shall wear their S.I.A. badge and a uniform, distinctive dress or armband.
29 The effective deployment of the door supervisors shall be the responsibility of the management. However at the beginning and end of each event door supervisors shall be deployed at the front entrance/exit to ensure orderly conduct.
30 All door supervisors shall be provided with two-way radios with ear-pieces in order that they can communicate with each other and the management.
31 Should the management consider a search of a patron necessary, it shall be conducted in accordance with the recommendations of the ‘Safer Clubbing Guide’.
32 A female staff member shall be available for searches that might be conducted on female customers. A male staff member shall be available for searches that might be conducted on male customers.
33 All fire exits shall be internally alarmed and centrally monitored to deter entry by any unauthorised persons, e.g. banned persons, persons who have had too much to drink, under age person’s etc. Each exit door shall have a warning notice on the internal side of door that it is alarmed to further deter unauthorised usage.
34 A clear and legible notice shall be displayed outside the premises indicating any restrictions on the admission of children at specified times or for particular events or regulated entertainment.
35 So far as is reasonably practicable all drinking glasses in which drinks are served shall be made of toughened glass.
36 Notices shall be displayed and maintained in prominent positions around the dance floor to advise customers that bottles and glasses shall not be permitted on the dance floor. Door supervisors shall be instructed to seek to enforce this policy where practicable.
37 To prevent the sale of alcohol to persons under the age of 18 years all persons who appear to be under 21 shall be asked for suitable photo ID as proof of age and as a condition of entry to the venue. A notice advising patrons of this policy shall be displayed at the front/main entrance.
38 Bar staff shall be suitably trained to prevent the sale of alcohol to under 18’s and to prevent the sale or supply of alcohol to any person who is drunk and a record of such training shall be maintained.
39 Regular glass and bottle collections shall be undertaken throughout the premises.
40 Patrons shall not be permitted to enter or leave the premises with any drinking glasses or opened bottles of alcoholic drinks.
41 Any patron participating in behaviour considered by management to be unruly or disorderly shall be asked to leave the venue forthwith.
42 The premises shall remain open for half an hour after stopping selling alcohol to encourage patrons to disperse gradually.
43 Cigarette machines shall be under the supervision of the management.
44 Cigarettes shall not be sold to anyone under 16 and a notice to this effect shall be displayed.
45 Where patrons wait in a queue for admission, all reasonable steps shall be taken to ensure that such persons do not obstruct exits, passageways, stairways and ramps leading to the outside of the premises.
46 Portable barriers/guards shall be available where queues for entry can be envisaged. These shall be arranged so as to control patrons and keep the pavements clear, and to ensure that so far is practically possible patrons behave in an orderly manner.
47 All parts of the premises and all fittings and apparatus therein, door fastenings and notices and the seating, lighting, heating, electrical, sanitary accommodation, washing facilities and other installations, shall be maintained at all times in good order and in a safe condition.
48 Suitable and clearly identifiable designated areas shall be available for the provision of dancing, to provide a suitable environment and assist supervision of the dancers.
49 Areas separate from the main dance area shall be provided with adequate seating and offer so far as is practicable, respite from high levels of noise.
50 A designated location for the DJ, band or entertainment shall be provided.
51 Raised areas shall be provided for Door supervisors to adequately supervise the main dance floor.
52 Bottled cold drinking water shall be available at the bar. Free potable tap water shall also be available.
53 At least one qualified first-aider or appointed person shall be present on the premises during the whole time the premises are made available for regulated entertainment and other licensed activities when open to the public.
54 The date on which any staff have obtained first aid qualifications or received refresher training shall be recorded.
55 Adequate first aid materials shall be available on the premises.
56 The fire safety measures with which the premises are provided shall be to the satisfaction of the Fire Authority. They shall be maintained in good working order, and their adequacy shall be determined on a regular basis by carrying out of a fire risk assessment, as required by, and in accordance with the Fire Precautions (Workplace) Regulations.
57 All exit doors shall be easily openable without the use of a key, card, code or similar means and shall be available for egress while the public is on the premises.
58 Means of escape shall be maintained unobstructed, immediately available and clearly identifiable.
59 A 'walk round' the premises safety check shall be undertaken immediately prior to each opening of the venue to ensure that all exit doors are functioning satisfactorily and exit routes are unobstructed. Records of these checks shall be kept and shall be produced on request to an authorised Officer.
60 Any removable security fastenings/chains shall be removed whenever the premises are open to the public. Fastenings shall be stored on numbered hooks in the front cash desk.
61 All fire doors shall be maintained effectively self-closing and shall not be held open other than by approved devices.
62 Fire resisting doors to cupboards, service ducts etc. shall be kept locked shut.
63 All floor coverings shall be secured and maintained so they shall not ruck.
64 Hangings, curtains and temporary decorations shall be maintained in a fire retardant condition.
65 Upholstered seating shall be fire retardant and compliant with current fire safety regulations.
66 Curtains, hangings and temporary decorations shall not obstruct exits, fire safety signs or fire fighting equipment.
67 Notices detailing the actions to be taken in the event of a fire or other emergency shall be prominently displayed and maintained in good condition.
68 Smoke machines (and similar vapour producing apparatus) shall limit the amount of smoke/vapour to the minimum necessary for the desired effect and shall not impede means of escape or obscure exit signs.
69 Smoke machines shall be in a fixed position and protected against unauthorised interference and be manned by a competent operator at all times when it is in use. Only non-toxic and non-flammable smoke/vapour shall be used and limited to areas where the public is admitted.
70 A Fire drill shall be conducted regularly. Records of these shall be made available to the Licensing Authority upon request.
71 All fire exits and means of escape shall be signed in accordance with BS5499.
72 The fire brigade shall be called for any outbreak of fire.
73 Wall and ceiling finishes shall be fire resistant.
74 Exit doors shall open outwards except the front main entrance doors, which have dispensation by the fire authority to open inwards and be secured open when the public is present.
75 An evacuation policy shall be in place and all staff shall be trained in the evacuation procedure.
76 When disabled people are present, adequate arrangements shall exist to enable their safe evacuation in the event of an emergency and disabled people on the premises shall be made aware of these arrangements.
77 An NICEIC enrolled contractor shall carry out a regular inspection of the electrical installation.
78 An NICEIC enrolled contractor shall carry out a regular inspection of the emergency lighting system and fire alarm installation.
79 A CORGI registered contractor shall carry a regular inspection of any gas boiler, calorifier or appliance.
80 A suitably qualified person shall carry out a regular inspection of portable fire fighting equipment.
81 A variation of the premises licence shall be sought for any material alteration of the premises which would make it impossible to comply with an existing licence condition.
82 Displays of hypnotism shall only be performed with the written consent of the Licensing Authority.
83 In all cases of a performance involving hypnotism, a notice of the following particulars shall be displayed:
the name and address of the person, by whom the exhibition, demonstration or performance is to be given, (hereinafter called ‘the hypnotist’).
a description of the proposed exhibition, demonstration or performance.
a statement as to whether the hypnotist has been previously refused, or had withdrawn, a consent by any Licensing Authority or been convicted of any offence under the Hypnotism Act 1952 or of an offence involving the breach of a condition regulating or prohibiting the giving of an exhibition, demonstration or performance of hypnotism on any person at a place licensed for regulated entertainment, and if so, giving full details thereof.
84. The following conditions shall apply to any consent given by the Licensing Authority for a hypnotism display:
no exhibition, demonstration or performance shall be held whereby harm is caused or is likely to be caused to any person attending it.
no person is caused, while under the influence of hypnotism, to say or do anything offensive to the public.
if the Licensing Authority notifies the Licence-holder in writing that it objects to anything said or done in the course of the exhibition such thing shall not thereafter be included in the exhibition.
there is no giving of hypnotherapy or any other form of treatment.
there is no experiment in which there is either age regression of a subject or a subject suspended between two supports (so called “catalepsy”).
there is no giving of suggestions to the subject that he / she should perform any act or behave in any manner which is likely to be interpreted as indecent, offensive or harmful, nor that a subject should be given to consume any substance which is either noxious or harmful.
all hypnotic or post-hypnotic suggestions shall be completely removed from the minds of subjects (including those of the audience) before they leave the room or place in which the performance takes place. Likewise, any post-hypnotic suggestions given shall take place only in the presence of the hypnotist and shall not continue after the performance or away from the room or place in which the performance takes place.
the exhibition shall conform to the description submitted to the Licensing Authority unless the Licensing Authority has required or expressly authorised a modification.
any modifications in the exhibition subsequently required by the Licensing Authority shall be made immediately upon notice thereof being given by the Licensing Authority to the Licence-holder.
no inducements shall be offered to any person to subject himself or herself to the influence of the hypnotist.
no poster, advertisement or programme relating to the exhibition shall be displayed, sold or supplied by or on behalf of the Licence-holder either at the premises or elsewhere, which is likely to be injurious to morality or otherwise offensive to public feeling.
if the Licensing Authority notifies the Licence-holder in writing that it objects to such an item so displayed, sold or supplied, that item shall not thereafter be displayed, sold or supplied.
all such items promoting the exhibition shall draw attention, in a clear and legible manner to the prohibition on the hypnotising of persons under the age of 18 imposed by Section 3 of the Hypnotism Act 1952.
85. Noise or vibration shall not emanate from the premises such as to cause residents in the neighbourhood to be unreasonably disturbed.
86. The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the Licence-holder / Management and the controlling mechanism shall be operated from a part of the Premises not accessible to the public.
87. An announcement shall be made prior to closing requesting patrons’ co-operation in leaving the premises and vicinity as quietly and quickly as possible.
88. Prominent, clear and legible notices shall be displayed at the main exit requesting patrons respect the needs of local residents and leave the premises and the area quietly.
89. The placing of refuse, such as bottles, into receptacles outside the premises shall take place at times that shall prevent disturbance to nearby properties.
90. Deliveries of kegs, bottles, food or other materials necessary for the operation of the business shall be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.
91. The Licence-holder shall advise staff who depart late at night when the business has ceased trading to conduct themselves in such a manner to avoid causing disturbance to nearby residents.
92. At closing times the music shall cease, the house lights shall be switched on and the door supervisors shall encourage patrons to drink up and direct patrons to leave the venue via the main front doors to ensure noise from patrons leaving the premises is minimised.
93. To minimise the potential for disorder and disturbance as customers leave the premises there shall be a dispersal policy in place which includes measures to disperse customers and ensure they leave the venue in an orderly fashion and without any drinking glasses or opened bottles of alcohol.
94. Patrons shall be encouraged where practicable not to stand around talking in the street outside the premises and asked to leave the vicinity quickly and quietly.
95. Taxi operator telephone numbers shall be available for the benefit of customers so that they can book taxis and be collected from the venue to assist in a quicker and safer (particularly for lone females) dispersal from the venue.
96. Taxi operators and drivers shall, where practicable, be made aware that they should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily.
97. During the last half an hour of trading the service points in each bar may be reduced and staff relocated to collect glasses or work in the cloakroom to assist customers departure and reduce the potential for patrons to carry glasses out of the premises.
98. A cloakroom is provided as a safe and secure place for patrons to leave their coats, handbags etc. and to assist the swift return of customers possessions staffing and control systems shall be increased in the period prior to closure.
99. Bright floodlights shall be fitted to the front elevation of the building to encourage customers to leave the area quickly and quietly and enhance CCTV coverage.
100. Where possible a manager / supervisor shall be in the area close to the main exit to oversee the end of night departure period. Announcements shall be used to remind customers to be considerate on leaving the premises.
101. Notices shall be placed in the foyer requesting exiting customers to leave quietly and respect neighbours and their properties.
102. Signage shall make it clear that customers shall not be allowed to leave the premises with drinking glasses or opened bottles of alcohol. Vigilant door supervisors searching customers where necessary shall support this. Advice shall also be provided regarding any by-law, which bans drinking in the street.
103. The licence-holder shall send out a 'rubbish patrol' following closure to pick up bottles, flyers, food wrapping etc. in the immediate vicinity. As well as clearing up rubbish this shall act as a further deterrent to potential disorder.
104. Door staff shall play a key role in the implementation of several aspects of the dispersal policy, including:
encouraging customers to drink up and progress to the exit.
drawing the attention of exiting customers to the notices in the foyer and asking them to be considerate.
ensuring the removal of all bottles and glasses from departing customers.
actively encouraging customers not to congregate outside the venue.
directing customers to the nearest taxi ranks.
105. The delivery of goods shall normally be restricted to between 8.00 a.m. and 8.00 p.m.
106. The movement of bottle skips, bins and rubbish outside the premises shall be kept to a minimum after 11.00pm and shall be done in such a way so as to minimise the level of noise produced by the premises.
107. Whilst the core activities of the premises shall be primarily the provision of music, dancing and entertainment to which the provision of alcohol is ancillary for persons over 18 years. On certain separate occasions e.g. private hire, functions, family celebrations and the like such as 21st birthdays, wedding anniversaries, wedding functions and engagement parties then persons under 18 years shall be admitted, but only subject to the following conditions:
any person who is over 18 but appears to be under 21 shall be asked for suitable photo ID as proof of age on entry to the venue and shall be required to wear a secure wristband in order to facilitate any purchase of alcohol.
alcohol shall be limited to one drink per sale to such persons.
the sale of alcohol shall be refused to persons who are not wearing an armband and who appear to be under the age of 21.
no unaccompanied persons under the age of 16 shall be allowed entry.
108. Specific events for Under 18 year olds, where there shall be no provision of alcohol whatsoever, are subject to the following conditions:
the police shall be informed prior to any specific under 18 event.
no alcohol shall be sold.
only soft drinks shall be available.
any cigarette machines and any Amusement with Prizes (AWP) machines shall be turned off.
a no smoking policy shall be in force.
random searches shall be conducted on entry to prevent any patrons bringing their own alcohol, any illegal substances or weapons onto the premises.
any person that refuses to be searched shall not be permitted entry.
any alcohol, illegal substances or weapons shall be confiscated.
a search policy shall be displayed near the entrance to the venue.
all legalities regarding the searching of teenagers shall be strictly adhered to.
persons over the age of 18 shall not be admitted other than staff, parents, guardians, teachers etc.
anyone whom our door staff believes have been drinking alcohol shall be refused entry.
staff shall regularly patrol the toilets to ensure good behaviour.
109. No persons under the age of 18 shall be allowed admittance to the premises when, there is entertainment clearly of an adult or sexual nature, nudity and striptease, films exhibited, which are classified as '18' or Hypnotism.
110. No person under the age of twelve years shall be admitted to any exhibition at which there is to be shown any moving picture which has received a “12” certification from the British Board of Film Classification.
111. Film Censor’s Certificates shall be shown immediately before the showing of any film passed by the British Board of Film Classification. They shall be shown on the screen to which it relates, for at least five seconds and in a form large enough for it to be read from any seat in the auditorium, a reproduction of the Certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the classification of the film.
112. Notices shall be displayed both inside and outside the premises so that persons entering can readily be made aware of the classification attached to any film or trailer. The notices must bear a clear statement that:
where a programme includes a film recommended by the British Board of Film Classification as falling into the 12A, 15 or 18 category no person under the age of 12, (and unaccompanied in that case), 15 or under 18 as appropriate shall be admitted to any part of the programme; and the licence-holder shall display in a conspicuous position at each entrance to the premises a notice in the following terms -
"PERSONS UNDER THE AGE OF EIGHTEEN CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME"
where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction. This condition does not apply to members of staff under the relevant age provided that the prior written consent of the person’s parents or legal guardian has first been obtained.
113. During performances principally for child audiences, additional steps shall be provided to ensure the safety and well being of children present on the premises.
114. An adult member of staff shall be stationed in the area(s) occupied by the children, in the vicinity of each exit.
115. There shall be no admission to the premises after 02:00 hrs Monday to Saturday (except New Year's Eve/Day).
116. The sale by retail/supply of alcohol, provision of Regulated Entertainment and Late Night Refreshment will be confined to the area (s) as outlined in RED on the attached plan (s).