ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
1 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.).
2 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.
3 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.
4 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.
5 The times permitted to sell alcohol do not prohibit or restrict the taking of alcohol from the premises by a person residing there.
6 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.
7 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.
8 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.
9 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.
10 The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.
Children are not permitted in the bar area 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 10 p.m. 1st April to 30th September. For the remainder of the year the terminal hour shall be 9 p.m. daily. 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.
REGULATED ENTERTAINMENT
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:
Upper/Lower Levels: Dance/informal - Total not to exceed 298
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) 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.
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(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. The noise limiting device in place (currently achieved by Formula Sound, model "AVC2") must be maintained. No amplified music shall be played at the premises other than that controlled by the said noise limiting device; this shall include karaoke. No alterations shall be made to the system without the prior written consent of the Licensing Authority. Such alterations must be carried out in accordance with the plans and specifications approved.
43. The rear exit doors which open onto Marlborough Road and into the alley at the side of the property, between The Marlboro and house named Tor View at 1 Marlborough Road shall be kept closed at all times except at such time as is actually necessary to allow a person seeking to do so to gain access to or egress from the premises and at no time other than in the case of an emergency shall the doors be secured in an open position whether temporarily or otherwise.
44. The premises may remain open for no more than 60 minutes after the end of the period during which the retail sale of alcohol is permitted, as a “wind-down” period.
45. Door supervisors shall be correctly registered with the SIA.
46. They shall display the correct name badge.
47. They shall carry proof of registration.
48. They shall be used at a ratio to be agreed with the Police and Local Authority ( currently 1:75) and shall be in attendance at the entrance to the premises from 2100 hrs until the main exit doors are closed and at any time when patrons may be queuing for a access.
49. CCTV shall be installed and working to the satisfaction of the Police and Local Authority.
50. Recordings shall be kept for an appropriate period, generally one month, but to be agreed with the Police and Local Authority.
51. If the CCTV becomes inoperative, the Police and Local Authority shall be informed as soon as possible and immediate steps taken to put the equipment back into action.
52. A notice shall be displayed at the entrance to the premises advising that CCTV is in operation.
53. No customers carrying open or sealed bottles or glasses shall be admitted to the premises at any time.
54. No customers shall be permitted to take open containers of alcoholic or soft drinks from the premises.
55. There shall be a regular collection of glasses and emptying of ashtrays.
56. Poof of age will be required from anyone seeking to purchase alcohol who appears to be under 18 years of age.
57. All inclusive nights and other irresponsible drinks promotions shall not be permitted.
58. An anti-drugs policy agreed by the Police and Local Authority shall be in force and a secure facility too store controlled drugs shall be available.
59. Crime prevention notices shall be displayed warning customers of the prevalence of crime which may target them.
60. A customer code of conduct poster shall be displayed.
61. When the upper bar is open, plastic glasses shall be used.
62. Adequate and appropriate supply of first aid equipment and materials shall be available on the premises. At least one suitably trained first aider shall be on duty when the premises are open to the public.
63. There shall be an annual inspection of any gas boiler calorifier or appliance by a CORGI registered engineer.
64. Special effects, including the following will only be used with prior notification to the Local Authority and or Fire Authorities:- Dry ice machines and cryogenic fog, smoke machines and fog generators, pyrotechnics, including fireworks, real flame, firearms, motor vehicles strobe lighting. Lasers, explosives and highly flammable substances.
65. Free drinking water shall be made available at al times the premises is open to the public.
66. Searching as a condition of entry shall be considered at all times and mandatory when directed by the Police.
67. Noise and vibration shall not be audible at the facade of any noise sensitive premises.
68. Doors and windows shall be kept closed whenever necessary.
69. Noise limiters shall be used on amplification equipment.
70. A notice must be displayed prominently at all exits requesting customers to leave the premises quietly.
71. Flashing or bright lights on or outside licensed premises shall not cause a nuisance to nearby properties.
72. Children shall be allowed in the upstairs bar but with an adult at all times.
73. Radios shall be used to provide a 2 way communication with the Police and other licensed premises.
74. The equipment shall be kept in working order at all times and shall be ‘ON’ at all times that the premises are open to the public and shall be monitored by either the Designated Premises Supervisor or other responsible staff member.
75. All instances of crime and disorder shall be reported to the Police via CCTV or the radio and all reasonable Police requirements shall be complied with at all times.
76. Consideration shall be given to setting capacity limits to prevent overcrowding which could lead to crime and disorder, this capacity figure shall be based on advice from the Police, Fire or Local Authority and door supervisors may be required to ensure the capacity limits are controlled.
77. A person holding the National Licensee’s Certificate shall be on the premises at all times when alcohol is being served or regulated entertainment provided.
78. A policy shall be in force for the management of large groups, the group shall be required to nominate a person responsible to liase with staff.
79. An incident book shall be kept and all instances of public disorder recorded.
80. Means of escape shall be maintained unobstructed, immediately available and clearly identifiable.
81. Exit doors shall be regularly checked to ensure they function satisfactorily and records of these checks shall be kept and produced upon request.
82. Any removable security fastenings shall be removed whenever the premises are open to the public or staff.
83. Fire resisting doors to service shafts, ducts and cupboards shall be kept locked shut.
84. Step and stair edges shall be highlighted so as to be conspicuous.
85. All gangways, exit ways and treads of steps or stairways shall be maintained with non-slippery and even surfaces.
86. All floor coverings shall be secured and maintained so that they will not ruck.
87. Mats shall be fitted into matwells so as to be flush with the floor surface.
88. Hangings, curtains and temporary decorations shall be maintained in a flame retardant condition and shall not obstruct exits, fire safety signs or fire fighting equipment.
89. Upholstered seating shall be fire retardant and compliant with current fire safety regulations.
90. Access shall be provided for emergency vehicles and this access shall be kept clear and free from obstruction.
91. Fire drill and emergency lighting tests shall be conducted monthly and records of these tests shall be made available to the Licensing Authority upon request.
92. All fire exits and means of escape shall be signed in accordance with BS5499.
93. Exit doors shall open outwards ( or shall be secured in the open position).
94. An evacuation policy shall be in place that is to the satisfaction of the Fire Authority.
95. All staff members shall be trained in the evacuation policy.
96. Wall and ceiling finishes shall be fire resistant.
97. When disabled people are present, adequate arrangements will 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.
98. An adequate and appropriate supply of first aid equipment and materials shall be available on the premises.
99. At least one suitably trained first aider shall be on duty when the public are on the premises. If more than one first aider is present, their respective duties shall be clearly defined the first aider shall be trained to deal with drug and alcohol related problems.
100. Fire safety signs shall be adequately illuminated.
101. Emergency lighting shall not be altered.
102. Emergency lighting batteries shall be fully charged before the admission of the public. In the event of failure of normal lighting, where the emergency lighting battery has a capacity of one hour, evacuation of the premises shall be possible within 20 minutes. Where the emergency lighting battery has a capacity of three hours, evacuation of the premises shall be possible within one hour and emergency lighting tests shall be conducted monthly. Records of these tests shall be made available to the Licensing Authority upon request.
103. A satisfactory NICEIC or ECA periodic electrical installation report shall be provided on an annual basis.
104. A satisfactory NICEIC or ECA periodic emergency lighting report shall be provided on an annual basis.
105. Proof of public liability insurance in the minimum sum of £2 million shall provide on an annual basis.
106. A certificate of inspection for portable fire fighting equipment shall be provided on an annual basis.
107. A certificate of inspection for any fire detection alarm at the premises shall be provided on an annual basis.
108. Where a temporary electrical installation is being used, a temporary electrical installation report by a NICEIC or ECA electrician or a certificate of compliance with BS7909 shall be provided.
109. A chill out area to the satisfaction of the Police and Licensing Authority shall be provided. This shall be cooler and quieter than the dancing areas.
110. A personal safety message shall be displayed. The message shall include details of where personal attack alarms can be obtained.
111. A ‘hot-line’ to a local taxi firm shall be available.
112. A policy shall be in place for escorting patrons from the premises to a licensed taxi or private hire vehicle.
113. Seats shall be available to accommodate one third of the maximum capacity of the premises.
114. The use of explosives, pyrotechnics and fireworks of a similar nature which could cause disturbance in surrounding areas shall be restricted.
115. The placing of bottles into receptacles outside the premises shall take place at times that will minimise disturbance to nearby properties.
116. Noxious smells from the premises shall not cause a nuisance to nearby properties and the premises shall be adequately ventilated to prevent this.
117. A crime prevention policy agreed by the Police and Licensing Authority shall be in place.
118. Fruit machines shall be located in the downstairs bar.
119. Soft drinks and sweets shall be made available for children.
120. The sale by retail of alcohol, provision of Regulated Entertainment and Late Night Refreshment shall be confined to the area (s) as outlined in RED on the attached plan (s).