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 businesses 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 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 serve 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.
10 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.
11 The maximum occupancy of the venue in respect of the ground floor area at any one time shall be restricted to 325 persons (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.
12 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.
13 An authorised Officer upon their request shall be informed of the number of persons in the premises or part of the premises as appropriate.
14 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.
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 Cigarettes shall not be sold to anyone under 16 and a notice to this effect shall be displayed.
44 Amusement with prizes machines shall be sited in such a position so as to afford supervision by the bar staff.
45 In order to seek to reduce the possibility of any disturbance in the town during the early hours when the ambient noise background levels are particularly low, last admissions to the premises shall be 02.00 hours to deter the likelihood of individuals moving from one premises to another.
46 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.
47 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.
48 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.
49 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.
50 Bottled cold drinking water shall be available at the bar. Free potable tap water shall also be available.
51 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.
52 Adequate first aid materials shall be available on the premises.
53 Persons shall not be allowed to stand, sit or otherwise remain in any gangway or exit way.
54 All doors and fastenings shall at all times be kept in proper working order.
55 Gangways, exit routes and steps shall be maintained in good order with non-slippery and even surfaces.
56 The seating shall at all times ensure free unobstructed access to all exit doors.
57 All parts of the premises shall be adequately illuminated and those portions to which the public have access and all routes of escape for performers and staff shall be provided with adequate means of illumination from two independent sources.
58 In the event of failure of the general lighting, the premises shall be immediately fully illuminated by the emergency lighting and the public required to leave the premises forthwith.
59 Any batteries supplying emergency lighting shall be fully charged before any relevant persons are admitted to the premises. They shall be of such capability and so maintained so as to be capable of supplying the full load of the emergency lighting during the time required of ‘safe escape’ of the public in an emergency.
60 When all relevant persons have been required to leave the premises owing to a failure covered by these provisions, they shall not be re-admitted until the general lighting or emergency lighting, as the case may be, failure of which was the reason for their being required to leave, shall have been fully restored.
61 Emergency lighting / alarm tests shall be conducted regularly. Records of these tests shall be made available to the Licensing Authority upon request.
62 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.
63 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.
64 Means of escape shall be maintained unobstructed, immediately available and clearly identifiable.
65 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.
66 Any removable security fastenings/chains shall be removed whenever the premises are open to the public. Fastenings shall be stored on numbered hooks in an appropriate place.
67 All fire doors shall be maintained effectively self-closing and shall not be held open other than by approved devices.
68 Fire resisting doors to cupboards, service ducts etc. shall be kept locked shut.
69 All floor coverings shall be secured and maintained so they shall not ruck.
70 Hangings, curtains and temporary decorations shall be maintained in a fire retardant condition.
71 Upholstered seating shall be fire retardant and compliant with current fire safety regulations.
72 Curtains, hangings and temporary decorations shall not obstruct exits, fire safety signs or fire fighting equipment.
73 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.
74 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.
75 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.
76 A Fire drill shall be conducted regularly. Records of these shall be made available to the Licensing Authority upon request.
77 All fire exits and means of escape shall be signed in accordance with BS5499.
78 The fire brigade shall be called for any outbreak of fire.
79 Wall and ceiling finishes shall be fire resistant.
80 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.
81 An evacuation policy shall be in place and all staff shall be trained in the evacuation procedure.
82 An NICEIC enrolled contractor shall carry out a regular inspection of the electrical installation.
83 An NICEIC enrolled contractor shall carry out a regular inspection of the emergency lighting system and fire alarm installation.
84 A CORGI registered contractor shall carry a regular inspection of any gas boiler, calorifier or appliance.
85 A suitably qualified person shall carry out a regular inspection of portable fire fighting equipment.
86 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.
87 Noise or vibration shall not emanate from the premises such as to cause residents in the neighbourhood to be unreasonably disturbed.
88 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.
89 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.
90 The placing of refuse, such as bottles, into receptacles outside the premises shall take place at times that shall prevent disturbance to nearby properties.
91 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.
92 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.
93 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.
94 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.
95 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.
96 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.
97 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.
98 Where possible a manager / supervisor shall be in the area close to the main exit to oversee the end of night departure period.
99 Notices shall be placed at the main entrance requesting exiting customers to leave quietly and respect neighbours and their properties.
100 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.
101 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.
102 Door staff shall play a key role in the implementation of several aspects of the dispersal policy, including:-
(i) Encouraging customers to drink up and progress to the exit.
(ii) Drawing the attention of exiting customers to the notices at the main entrance and asking them to be considerate.
(iii) Ensuring the removal of all bottles and glasses from departing customers.
(iii) Actively encouraging customers not to congregate outside the venue.
(iv) Directing customers to the nearest taxi ranks.
103 The delivery of goods shall normally be restricted to between 8.00 a.m. and 8.00 p.m.
104 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.
105 Any person who appears to be under 21 shall be asked for suitable photo ID as proof of age. A notice advising patrons of this policy shall be displayed.
106 Bar staff shall be suitably trained to prevent the sale of alcohol to under 18’s. A record of such training shall be maintained.
107 No person under 18 shall be allowed to consume alcohol anywhere on the premises except beer, cider or wine for consumption with a table meal by someone aged 16 or 17, but they may not purchase such alcohol themselves.
108 Any persons under the age of 16 must be accompanied at all times the premises are open.
109 No unaccompanied persons under the age of 16 shall be allowed on the premises after midnight.
110 When the premises are open specifically to persons over the age of 18 only the following shall apply:-
(i) Any person who is over 18 but appears to be under 21 shall be asked for suitable photo ID as proof of age as condition of entry to the premises.
(ii) A notice advising patrons of this policy shall be displayed at the front/main entrance.
111 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.
112 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.
113 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.
114 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:-
(i) 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”
(ii) 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.
115 During performances principally for child audiences, additional steps shall be provided to ensure the safety and well being of children present on the premises.
116 An adult member of staff shall be stationed in the area(s) occupied by the children, in the vicinity of each exit.
117 The sale by retail/supply of alcohol provision of regulated entertainment and late night refreshment will be confined to the area(s) as edged in RED on the attached plan (s).