ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
Applicable to First Floor Restaurant/Function Room, The Tavern and The Staging Post Restaurant ONLY.
1 The sale or supply of alcohol shall be ancillary to the use of the premises, by persons resorting to them, for music and dancing and substantial refreshment.
2 The permitted hours for the sale by retail of alcohol in the area licensed for regulated entertainment shall end at midnight on any day on which music and dancing is not provided after midnight.
3 On any day that music and dancing ends between midnight and 2.00am, the permitted hours for the retail sale of alcohol in the area licensed for regulated entertainment shall end when the music and dancing ends (inline with the timings for the retail sale of alcohol).
4 In relation to the morning on which summer time begins, condition (2) shall have effect with the substitution of references to three o’ clock in the morning for references to two o’ clock in the morning (or one hour following the hour actually specified in the certificate where the certificate currently requires closure between 1 a.m. and 2 a.m.).
Applicable to the Whole Premises.
5 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.
6 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.
7 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.
8 The times permitted to sell alcohol do not prohibit or restrict the taking of alcohol from the premises by a person residing there.
9 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.
10 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.
11 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.
12 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.
13 The times permitted to sell alcohol do not prohibit or restrict the sale or supply of late night refreshment (which does not include alcohol) on the premises for a period of thirty minutes after the end of permitted hours.
14 Alcohol may be sold or supplied (for one hour following the end of permitted hours and) (on Christmas Day, between 3 p.m. and 7 p.m.) to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to their meal. For other purposes or in other parts of the premises the permitted hours shall continue to apply.
15 Children are not permitted in the bar areas, namely the Restaurant/Function Room or the Staging Post Restaurant unless, meals and non-alcoholic beverages are available for sale for consumption in that area and, they are in the company of a person aged 18 or over and are there prior to 9 p.m. Monday to Sunday in the Staging Post Restaurant and Sundays only in the Restaurant/Function Room. In such circumstances, they may remain in the specified area for thirty minutes after the certificate has ceased to have effect for the consumption of refreshments.
16 The sale by retail/supply of alcohol will be confined to the area (s) as outlined in RED on the attached plan (s).
REGULATED ENTERTAINMENT CONDITIONS
(1) This licence shall, unless revoked in the meantime, be in force until the date specified on the Licence.
(2) Regulated (Music) and (Dancing) or other regulated entertainment of the like kind shall only take place in the said premises on the days and times stipulated on the Licence and is prohibited during any other hours.
CONDITIONS AS TO THE LICENCE:
(3) The premises shall be closed not later than the times during the week stipulated on the Licence.
(4) There shall be affixed and kept in some conspicuous place on the door or entrance of such premises so licensed as aforesaid, an inscription in one inch capital letters, in the words following:
‘LICENSED IN PURSUANCE OF THE LICENSING ACT 2003 FOR REGULATED ENTERTAINMENT’
(5) THIS LICENCE SHALL BE DISPLAYED IN THE FOYER OR ENTRANCE TO THE PREMISES LICENSED (HEREINAFTER CALLED ‘THE PREMISES’).
(6) Occupancy Rates: First Floor Restaurant/Function Room: Dance - Total not to excee - 100
The Staging Post Restaurant: Dance - Total not to exceed - 100
The Tavern: Dance - Total not to exceed - 450
(7) The persons or persons having effective control of the premises shall make efficient arrangements for ensuring that the maximum number of persons permitted to be on the premises at any one time is not exceeded.
Such arrangements to include provisions whereby any authorised Officer of the Licensing Authority or the Devon Fire and Rescue Service can determine the number of persons present (without a physical count).
(8) (a) The licensee or a responsible person nominated by him in writing for the purpose, not being a person under 21 years of age, shall be in attendance during the whole period the premises are open to the public and shall be assisted by a staff of attendants or stewards according to the following scale.
Capacity of Premises Number of Number of Male
Attendants or Attendants or
Stewards Stewards
Under 250 1 including 1
250 but less than 500 3 including 1
500 but less than 750 4 including 1
750 but less than 1000 6 including 2
1000 but less than 1250 9 including 2
1250 but less than 1500 10 including 2
1500 but less than 1750 12 including 3
1750 but less than 2000 13 including 3
2000 but less than 2500 15 including 3
over 2500 one for every 120 one for every 600
persons persons
(or part thereof)
(b) At every performance to which Section 12 of the Children and Young Persons Act 1933 applies, the number of attendants or stewards in those parts of the premises which are not more than ten feet above or below ground level, shall not be less than two per cent of the seating capacity of those parts of the premises, and in all other parts of the premises it shall not be less than four per cent of the seating capacity for those parts of the premises provided that where children are in the charge of school teachers, those teachers may be regarded as attendant or stewards in respect of not more than one-half of the number of attendants or stewards required in section (a) of this condition.
(c) At every performance where children are accommodated above ground level there shall be an attendant or steward at the foot of each stairway used for entrance while the audience is entering the premise and at the head of each stairway used for exit throughout the performance and while the audience is leaving the premises. Where children are accommodated below ground level those attendants or stewards shall be stationed at the head of each stairway while the audience is entering the premises and at the foot thereof during the performance and while the audience is leaving the premises.
(d) Throughout the time when the public is in attendance, staff ushers or stewards shall wear either distinctive clothing or suitable armbands.
(e) A first aid kit suitable for the number of patrons and staff must be so provided. A responsible member of staff must be designated to take charge of a situation, call an ambulance and administer basic first aid to anyone injured or taken seriously ill on the premises.
(f) The Licensee shall (without prejudice to his personal responsibilities and liability as a Licensee) employ sufficient staff to ensure that all of the conditions of the Licence are observed, notwithstanding condition 8(a). A steward shall not be a person engaged in the service and preparation of food, in the service of intoxicating liquor, disc jockey, cloakroom staff or the like.
(9) A fire routine appropriate to the premises shall be devised.
(10) All persons employed to work in the premises and any ushers or stewards not so employed shall be given instructions and training in what to do in case of fire.
(11) The Licensee shall ensure that one specific person shall be made responsible for organising the training of staff and any non-staff ushers or stewards that may be used and the same person shall be responsible for co-ordinating the actions to be taken in the event of fire. Effective arrangements shall be made for a nominated deputy to carry out the above duties.
(12) In the event of an outbreak or suspected outbreak of fire the Fire Brigade shall be called immediately.
(13) A conspicuous notice clearly stating the location of the nearest telephone and the correct method of summoning the Fire Brigade shall be displayed in the foyer of or entrance to the premises.
(14) (a) Any Constable or authorised Officer of the Licensing Authority or Fire Authority shall have the power to enter at all times to ensure the adherence to the conditions and restrictions subject to which the Licence was granted.
(b) Any authorised Officer of the Local Authority shall have the power to enter the premises at any time to inspect the condition of any electrical installations.
(15) A log book shall be kept in which there shall be recorded details of tests and maintenance of fire fighting equipment, fire warning system (where applicable) and emergency lighting and the dates on which staff, stewards or ushers received training in the action to be taken in case of fire.
(16) (a) The Licensee shall take all due precautions for the safety of the public and shall at all times conduct his business in such a manner and exercise such control over all persons on the premises as may be necessary to ensure that there is no drunkenness, breach of the peace or behaviour resulting or likely to result in damage to property or personal injury to any person.
(b) The Licensee shall not permit any drunkenness, disorderly conduct or any acting, recitation, singing or dancing which is of an obscene or offensive character.
(17) The Licensee shall ensure that the premises are at all times used so as to ensure that no disturbance is caused to nearby residents, passers-by, or the occupants of adjacent premises and use his best endeavours to ensure that at the close of any licensed entertainment patrons disperse as quietly as possible.
(18) Every part of the premises to which the public is admitted shall be efficiently lighted that the management may afford adequate supervision over the whole area used for licensed entertainment.
(19) The volume of any apparatus used shall be under the control of the Management, from a part of the premises, which is not accessible to the public.
(20) No person shall at the premises give any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind to suggestion or direction is increased or intended to be increased without first obtaining the written consent of the Local Authority.
CONDITIONS AS TO THE BUILDING
(21) (a) All means of escape, i.e. corridors, gangways, passages, stairways, exitways etc. shall be kept free from obstruction at all times when members of the public are on the premises.
(22) All stairs and steps shall be maintained with non-slippery and even surfaces and any stair coverings shall be secured and maintained so that they will not in any way be a source of danger to persons escaping in case of fire.
(23) Before carrying out any alterations to the premises including wall and ceiling linings or any material alteration in the internal arrangement of the premises or in the furniture or equipment with which the premises are provided, 28 days written notice must be given to the Licensing Authority and to the Fire Authority.
(24) In the case of premises used under the authority of this Licence, the Licensee shall furnish to the Licensing Authority as to the condition of the electrical installation with which the premises are provided. This Certificate, which will be renewable annually, must be supplied prior to the grant of a Licence and thereafter renewed following its expiry date. In the case of premises licensed for only one or more specific occasions, such Certificate shall be provided when required by the Licensing Authority.
The Electrical Test Certificate will only be accepted if signed by a Contractor enrolled with the Institute of Electrical Engineers, or a Contractor enrolled with the National Inspection Council for Electrical Installation Contractors or a suitably qualified representative of a supply authority.
(25) Any alterations, modifications or extensions to the electrical installation with which the premises are provided, shall be carried out by a competent electrician and shall be strictly in accordance with the I.E.E. Regulations and any portable electrical equipment or appliances used in the premises shall be in efficient working order and correctly wired and connected.
(26) No explosive or highly inflammable material shall be brought into the premises and any curtains, drapes or other decorative materials introduced into the premises shall be either inherently non-flammable or comply with B.S. 5867 : part 2, Type 2.
(27) No portable heating appliance shall be permitted on the premises during the time they are used for the purpose to which this Licence applies.
(28) During the time the public are on the premises, the use of pyrotechnics shall be prohibited other than on a stage which is capable of being separated from the public by a fire resistant curtain. In this connection pyrotechnics means the use of apparatus or other devices for the production of smoke, coloured smoke or firework-like effects.
(29) The emergency lighting with which the premises are provided shall be maintained in efficient working order and be in operation during the whole time that the public is in the premises. The existing system must illuminate all exit signs, doorways, steps and passages forming exit routes from the licensed premises and any other part of the premises specified in the Schedule of Conditions and shall be independent of the normal lighting system. Oil lamps and candles shall not be used.
(30) All ‘Exit’ signs shall be maintained in a good state of repair.
(31) The use of naked lights of flames during performances is prohibited unless prior written consent of the Licensing Authority has been obtained.
(32) Any doors required to be fire resisting shall be effectively maintained and where such doors are also required to be self-closing they shall be maintained as such and shall be provided with no means of holding them in the open position, other than automatic releases where these have been specifically approved by the Licensing Authority.
(33) (a) The doors of any doorway through which persons might have to pass so as to get out of the premises shall be capable of being easily and immediately opened without the aid of a key at all times when members of the public are on the premises.
(b) All doors fitted with panic bolts or latches shall be indicated by the words ‘PUSH BAR TO OPEN’ in block letters in a distinctive colour, preferably white letters on a green background.
(34) If the premises are to be used for any entertainment involving a closely seated audience seating arrangements must have been approved by the Licensing Authority. Before such approval can be given, copies of a plan showing the proposed seating arrangements shall be submitted to the Licensing Authority and to the Fire Authority.
(35) Notwithstanding the foregoing condition:
(a) In any premises exclusively used for a closely seated audience all seats shall be securely fixed to the floor.
(b) In premises not exclusively used for a closely seated audience, chairs, if provided, shall be battened or otherwise securely fixed together to the satisfaction of the Licensing Authority in lengths of not less than four nor more than twelve chairs, and if more than 400 people are to be accommodated the chairs or seats adjoining any gangway shall be securely fixed to the floor.
(c) There shall be an unobstructed seatway or space of at least 12 inches (300mm) measured between perpendiculars between the back of one seat and the front of the seat immediately behind.
(d) The maximum number of chairs or seats in any row shall not exceed:
(i) Seven where there is a gangway at one end only of the row and
(ii) Fourteen where there is a gangway at each end of the row.
Except that the number of seats in a row served by only one gangway may be increased to eleven if the seatway is increased by 1 inch (25mm) for each additional seat over seven and the number of seats in a row served by two gangways may be increased to 22 if the seatway is increased by 1 inch (25mm) for each additional seat or pair of seats over fourteen.
(e) Where the entertainment proposed consists of or includes any public contest, exhibition or display of boxing, wrestling, judo, karate or any similar sport provided in conjunction with or as an adjunct to the consumption of a meal, then details of seating and table plans shall be submitted to the Licensing Authority not less than 21 days before the date of such entertainment and approved by them.
N.B. For the guidance of the Licensees, travel distances should exceed 18 m from the end of any row of seats (15m if continental seating is used).
(36) All fire fighting equipment with which the premises are provided shall be maintained in efficient working order.
(37) The fire warning system (if provided) shall be maintained in efficient working order.
(38) In premises heated by oil or gas or solid fuel appliances, the rooms or compartments in which these appliances are installed shall be adequately ventilated. Existing systems shall be maintained and regularly serviced.
(39) All premises shall be provided with adequate separate sanitary accommodation for male and female persons. For the guidance of Licensees, the following scale as indicated in BS 6465 Part 1 (1984) is regarded as adequate:
WATER CLOSETS WASH BASIN URINALS
Female Public Min. 2 for 50 1 plus 1 per -
3 for 51-100 2 WC’s
+1 for every 40 extra
Male Public Min. 1 for 250 1 per WC and Min. 2 up to 100
+1 for every 500 extra 1 per 5 urinals +1 for every extra 80
Staff WATER CLOSETS WATER CLOSETS WASH BASIN URINALS
(NO URINAL) (WITH URINAL)
Female 1 for 1-15 staff 1 for 1-15 staff
2 for 16-30 staff 2 for 16-30 staff
Male 1 for 1-15 staff 1 for 1-20 staff 1 for 1-15 staff 1 for 1-15 staff
2 for 16-30 staff 2 for 16-30 staff 2 for 16-30 staff
All such sanitary accommodation shall at all times be kept in good order and repair and be properly and effectively cleansed, ventilated and disinfected and supplied with water and all necessary requisites and all doors leading thereto shall be suitably marked.
(40) The licensee shall have regard and comply with any relevant provisions of the following enactments during any licensable activities taking place on the premises: -
() Children and Young Persons Act 1933
() Cinematograph (Safety) Regulations 1955
() Sporting Events (Control of Alcohol Etc) Act 1985
(41) The licensed premises shall be maintained in their present condition and no alterations shall be made therein, either in construction, re-arrangement of public accommodation or exits, or otherwise, without the consent of the appropriate Authority. Application for permission to effect any such alterations shall be made in accordance with the regulations of the appropriate Authority.
(42) No events for persons under the age of 18 years will be held at the premises.
(43) The inward opening main entrance doors shall be locked in the open position during licensing hours.
(44) All exit doors shall be readily available for easy and immediate use from within, at all times the premises are occupied.
(45) The door giving access from the foot of the external staircase to the lobby at the rear of The Staging Post Restaurant shall be unlocked whenever the first floor function room is in use.
(46) The corridor area adjacent the toilet accommodation on the first floor level, shall be maintained clear of all combustible materials and the fire resisting door giving access to the second floor level kept locked shut at all times.
(47) The existing fire warning system shall be tested weekly using a different break-glass callpoint each time and with the mains power isolated to the indicator panel. The results of such tests shall be recorded in the logbook.
(48) A responsible person shall be appointed (preferably a member of management), to ensure that all staff/stewards are familiar with their duties.
Instructions to staff shall include:
(a) How to use all fire fighting equipment provided (without taking personal risks)
(b) How to operate the fire alarm (manually)
(c) Knowledge of all exit routes from the building, and
(d) The location of the nearest telephone.
The above instruction shall be given every six months and to new staff members on induction. The names of all staff receiving instruction shall be entered in the logbook.
(49) The wrought iron gate shall be secured in the open position at all times when the premises are open.
(50) At 8.00pm, the normal pair of entrance doors to The Staging Post Restaurant (as indicated on the attached plan) shall be kept closed and revert to a FIRE EXIT only.
(51) At 8.00pm the main entrance door situated in Diamond Street (as indicated on the attached plan) shall be the only access to the premises.
(52) If persons remain in The Staging Post Restaurant at 8.00pm they shall form part of the maximum numbers the premises are licensed for.
(53) A member of staff using a hand held counter, shall be positioned at the foot of the spiral staircase, to ensure that the maximum number of persons in the first floor function room do not exceed 100.
(54) The use of a smoke machine shall be limited to the minimum amount of time required to achieve the necessary level of density. In connection with this the Fire Authority advise operation of a maximum of five (5) seconds, not more than four (4) times an hour. The 'smoke zone' shall be restricted to the dance floor area only.
(55) Within the part of the premises known as The Staging Post Restaurant (as indicated on the attached plan) and within the first floor area, there shall be no amplified music other than recorded music played as a background to the use of area by patrons. The said-recorded music shall be played at such a level as to be inaudible at the facade of any dwelling opposite the premises within Silver Street.
(56) At all times when public entertainment is provided within the dance floor and surrounding area (known as 'The Tavern' as indicated on the attached plan), both the inner and outer fire doors provided as a means of escape from this area and leading onto Silver Street, and both the inner and outer fire doors provided as a means of escape from this area and leading onto Diamond Street, shall remain closed at all times except in the case of an emergency.
(57) At all times when regulated entertainment is provided within the premises, the doors separating the two areas known as The Tavern and The Staging Post Restaurant (as indicated on the attached plan) shall not be restrained in the open position.
(58) At all times when the premises are being used for the purposes of the Licence, six door stewards shall be employed for the purposes of providing a security function at the premises.
(59) The control settings on all pre-amplifiers, power amplifiers and graphic equalisers to the amplification system shall be adjusted to the satisfaction of the Licensing Officer prior to the use of the premises for regulated entertainment. Thereafter, those settings shall be maintained unless otherwise required by the Local Authority. The power amplifiers, limiting device, pre-amplifiers and graphic equalisers shall be maintained in a locked case such that access cannot be made to the control settings unless under the supervision of senior management of the premises. No such adjustment shall be made without prior consultation with the Licensing Authority.
(60) All works to provide a lobby area to the entrance doors and to provide secondary triple glazing to windows and to blocking up of windows as per plan (drawing No 0423-1 Martin Payne Design Company Ltd. February 2004) to be completed to the satisfaction of the Licensing Manager prior to the use of the premises for the provision of regulated entertainment entertainment.
(61) All amplified music and public address shall be played through a dedicated system professionally installed within the premises. The installed system shall have prior approval in writing from the Local Authority Licensing Officer and no alterations shall be made to the system or additional equipment connected to it, without the prior written approval of the Licensing Officer.
(62) The amplification system above shall incorporate a means) Automatic Volume Control or similar limiting device approved by the Licensing Officer) to restrict internal music levels to a pre-determined maximum. The device shall be calibrated and maximum music levels set to the satisfaction of the Licensing Officer prior to the use of the premises for regulated entertainment.
(63) Officers of the Local Authority Environmental Health Unit shall be allowed access at all reasonable times in order to check the settings on the amplified music system and to make any adjustments that are deemed necessary by the Authority.
(64) The Regulated Entertainment will be confined to the area (s) as outlined in BLUE on the attached plan (s).
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