Annex 2 - Conditions consistent with the Premises Operating Schedule
Conditions carried over from Embedded Restrictions - Licensing Act 1964:
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means that which are shown on the premises licence.
Restrictions
The above restrictions do not prohibit:
during the first twenty minutes after the above hours the consumption of the alcohol on the premises;
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;
consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
the sale of alcohol to a trader or club for the purposes of the trade or club;
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;
the taking of alcohol from the premises by a person residing there; or
the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol 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.
Sales
Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:
a) with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
b) for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
c) to a canteen or mess.
Source Section 166 Licensing Act 1964
Children in Bar (No Children’s Certificate)-
No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
a) He is the child of the holder of the premises licence.
b) He resides in the premises, but is not employed there.
c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.
d) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the consumption of alcohol. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
Source Section 168,171 and 201 Licensing Act 1964
Conditions offered by applicant:
Conditions offered via Operating Schedule Toolkit:
CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER
Door Supervisors
1. I will use or employ door supervisors at all times when a licensable activity is being carried out and I consider them necessary to:
• Prevent the admission and ensure the departure from the premises of drunk and disorderly persons, without causing further disorder;
• Keep out excluded individuals (subject to court or pub watch bans)
• Search and exclude persons suspected of carrying illegal drugs or offensive weapons; or
• Maintain an orderly queue outside the venue.
2. All door supervisors to be SIA licensed/registered and to display licence/registration clearly and openly with the use of a fluorescent armband for this purpose (N.b. This is a mandatory condition where Door Supervisors are employed or used on a licensed premises)
CCTV & Communication
3. I will provide a means of two way communication to report incidents between the premises and the local police or CCTV monitoring centre.
4. I will install Video/CCTV equipment inside the premises and ensure that it is maintained in working order.
5. I will set Video/CCTV equipment to record from the time that the premises open to the public until the premises close and all members of the public have left.
6. I will ensure that monitoring tapes are retained for at least twenty eight days and are produced to an authorised officer on demand.
7. I will put up notices advising that CCTV has been installed on the premises so that they are clearly visible to the public within the licensed premises.
Bottles and Glasses
8. Where glass bottles are used, they will be retained or disposed of on the premises.
9. No customers will be admitted, or permitted to leave when carrying open or sealed bottles or glasses
Restrictions on Drinking Areas
10. I will ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the operating schedule.
Capacity Limits
11. I will ensure that the maximum occupancy of the licensed premises is restricted at any one time to 200
12. I will provide Door Supervisors to ensure that the capacity limit is enforced.
Proof of Age Cards
13. I will ensure that any person selling or supplying alcoholic drink under the authority of a personal licence holder asks for a photo ID proof of age where they have reason to suspect that the individual may be under 18 years of age.
Drinks Promotions
14. I will adopt and comply with the British Beer and Pub Associations Guidelines on On-Trade Promotions.
Prohibited Substances
15. I will implement a policy agreed by the Police and local authority (for more information on this you can refer to the “Safer Clubbing Guide”)
16. I will ensure that a secure deposit box is kept on the premises for the retention of confiscated items and ensure that the Police are advised of any items which require safe disposal.
Notices
17. I shall ensure that public information notices about crime and disorder issues are displayed at the request of the Council or the Suffolk Constabulary. (e.g. Customer Code of Conduct)
18. I will display any restrictions on the admittance of individuals according to age (e.g. Children) on or immediately outside the premises.
19. I will display any conditions of entry to the premises in the vicinity of any entrance to the premises.
Crime Prevention Schemes
20. I shall participate in the local pubwatch/nightsafe scheme operating in the Borough/District
Litter and Waste
21. I will be responsible for the disposal of waste on the frontage of the premises and make provision for the emptying of litter bins in the vicinity of the premises
Lighting
22. I will ensure that lighting is provided outside the premises (and in my private car park) during the hours of darkness when any licensable activity takes place on the premises.
CONDITIONS RELATING TO PUBLIC SAFETY
Escape Routes
23. I will make sure that escape routes and exits, including external exits, are maintained to ensure that they are not obstructed, in good order with non-slippery and even surfaces, free of trip hazards and clearly identified.
24. I will make sure that where chairs and tables are provided, internal gangways are kept unobstructed.
25. I will make sure that all exit doors are easily openable and do not require the use of a key, card, code or similar means
26. I will make sure that doors at such exits are regularly checked to ensure that they function satisfactorily and a record of the check is kept.
27. I will make sure that any removable security fastenings are removed whenever the premises are open to the public or occupied by staff.
28. I will make sure that all fire doors are maintained effectively self-closing and not held open other than by approved devices (for example, electromagnetic releases operated by smoke detectors).
29. I will make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut.
30. I will make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous.
Safety Checks
31. Safety checks are carried out before the admission of the public or club members and guests; and details of such checks are kept in a Log-book.
Curtains, Hangings, Decorations and Upholstery
32. I will make sure that hangings, curtains and temporary decorations are maintained in a flame-retardant condition.
33. I will make sure that any upholstered seating meets on a continuous basis the pass criteria for smouldering ignition source 0, flaming ignition source 1 and crib ignition source 5 when tested in accordance with section 5 of Bs 5852:1990.
34. I will make sure that Hangings, curtains and temporary decorations are arranged so as not to obstruct exits, fire safety signs or fire-fighting equipment.
35. I will make sure that Temporary decorations are not used without prior notification to the licensing authority/fire authority.
Fire Action Notices
36. I will make sure that notices detailing the action to be taken in the event of fire or other emergencies, including how the fire brigade should be summoned, are prominently displayed and protected from damage and deterioration.
Outbreaks of Fire
37. The fire brigade will be called at once to any outbreak of fire, however slight, and the details recorded in a Fire Log-book.
Loss of Water
38. I will notify the local Fire Control Centre as soon as possible if the water supply to any hydrant, hose reel, sprinkler, drencher or other fire extinguishing installation is cut off or restricted.
Access for Emergency Vehicles
39. Access for emergency vehicles is kept clear and free from obstruction
Disabled People
40. I will make sure that when disabled people are present, adequate arrangements exist to enable their safe evacuation in the event of an emergency, and that patrons are made aware of these arrangements;
First Aid
41. I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises
42. I will make sure that at least 1 trained first aider(s) will be on duty when the public are present
43. If more than one first aider is present, I will make sure that their respective duties are clearly defined
Lighting
44. In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational;
45. I will make sure that Fire safety signs are adequately illuminated;
46. I will not alter Emergency lighting without prior notification to the Licensing Authority
47. I will make sure that Emergency lighting batteries are fully charged before admission of the public;
48. In the event of failure of normal lighting, where the emergency lighting battery has a capacity of one hour, I will make sure that evacuation of the premises is possible within 20 minutes;
Temporary Electrical Installations
49. I will not provide temporary electrical wiring and distribution systems without prior inspection by a suitably qualified electrician
50. I will make sure that any temporary electrical wiring and distribution systems comply with the recommendations of BS 7671 or where applicable BS 7909.
51. I will make sure that where temporary electrical wiring and distribution systems have not been installed by a competent person, they are inspected and certified by a competent person before they are put to use.
Safety Certificates
52. I will make sure that the following systems are maintained and inspected by suitably qualified professional persons in accordance with any British Standards and at intervals recommended in national guidance, and will keep the records of such inspections available for inspection by authorised officers on request:
Building Electrical Installation
Emergency Lighting System
Fire Warning System
Gas boiler, calorifier or appliance
Portable fire fighting equipment
Temporary Electrical Installation
Public Liability Insurance
53. I will make sure that I have valid public liability insurance in force and that a copy of the schedule is available for inspection by an authorised officer on request.
Alterations to the premises
54. I will not alter the premises in such a way as to make it impossible to comply with an existing licence condition, without first seeking a variation of the premises licence.
General
55. I will make free drinking water available at all times the premises is open to the public;
56. I will provide a chill out which is cooler and quieter than the dancing areas;
57. I will provide a “hot line” to a local taxi firm
58. I will provide sufficient seating to accommodate (enter proportion here …) of the maximum capacity of the premises.
59. I will make sure that staff on the premises monitor and record the number of patrons within the premises.
Gangways
60. I will make sure that sitting on floors is not permitted except where authorised in the premises licence;
61. I will make sure that waiting or standing is not permitted except in areas designated in the premises licence;
62. I will make sure that in no circumstances is anyone permitted to:-
(i) sit in any gangway;
(ii) stand or sit in front of an exit; or
(iii) stand or sit on any staircase including any landings;
Balcony Fronts
63. I will make sure that clothing or other objects are not placed over balcony rails or upon balcony fronts.
Scenery
64. I shall make sure that all scenery is maintained fire retardant
Ceilings
65. All ceilings in those parts of the premises to which the audience are admitted should be inspected by a suitable qualified person who will decide when a further inspection would be necessary and a certificate concerning the condition of the ceiling forwarded to the licensing authority.
CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)
66. I will make sure that where tables and chairs are provided, clear gangways to exits are maintained;
67. I will not use portable heating appliances on the premises;
68. I will not use any appliances utilising cylinders or containers of gas on the premises;
69. I will not use any paraffin or other mineral oil in any lamp, stove or other appliance except for cooking purposes;
CONDITIONS RELATING TO THE PREVENTION OF PUBLIC NUISANCE
Noise and vibration
70. I will make sure that Noise or vibration is not noticable at the façade of any noise sensitive premises;
71. I will make sure that doors and windows are kept closed (except for ingress and egress) to reduce noise nuisance from the premises;
72. I will install and use a noise limiters on amplification equipment in accordance with guidance from the Council’s Environmental Health Officers;
73. I will display prominent, clear and legible notices at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly;
74. I will seek approval from the Licensing Authority (by means of a variation application) prior to the use of explosives, pyrotechnics and fireworks of a similar nature which could cause disturbance in surrounding areas
75. I will make sure that the placing of bottles into receptacles outside the premises takes place at times that will minimise disturbance to nearby properties;
76. I will make sure that during the final hour of opening the music is discernibly quieter;
77. I will not permit the playing of live or recorded music in garden areas of the premises after (please specify time here);
78. I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.
79. I will ensure that any ventilation system has suitable sound attenuation.
80. I will nominate a person to be responsible for monitoring noise levels and instruct that person to implement changes in noise levels in accordance with any request by an authorised officer of the Council immediately and ensure that volume is maintained at the reduced level.
81. I will ensure that no amplified sound (including public announcements) in connection with the event continues beyond the permitted hours of the entertainment.
Noxious smells
82. I will ensure that offensive smells from the licensed premises are not permitted so as to cause a nuisance to nearby properties and the premises are properly vented.
83. Ensure that receptacles for waste are emptied regularly to minimise nuisance smells.
Litter
84. I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site
85. I will make sure that receptacles for refuse storage are maintained in a clean condition.
86. I will make sure litter is regularly cleared from the vicinity of the premises
CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM
General
87. I will comply with Retailer Alert Bulletins issued by Portman Group
88. A crime prevention policy agreed by the police and local authority will be in place;
89. I will implement a proof of age policy agreed by the police and local authority;
Access for children to licensed premises generally
90. I will not permit children under the age of 18 to access the premises
91. I will exclude children under the age of 18 from the premises
Age Restrictions - Specific
92. I will apply age restrictions during the following hours: 11.00am - Closing Time
Conditions offered through mediation with the Police:
Any Live or Recorded music being played should be made discernibly quieter than before 60 minutes prior to closing time on any day any
Sandwiches and bar snacks to be available until 30 minutes before the premises is closed to the public on any day
All staff employed on the premises must be briefed as to their responsibilities with regard to the supply of alcohol on the premises, and a record maintained of all training and briefings
There will be a minimum of 2 SIA registered door supervisors on duty
(a) from 2100 until the end of hours during which premises is open to the public on Friday and Saturday nights and for the same hours on any occasion when the external bar is in operation (and the door supervisors to include supervision of the external bar within their duties)
(b) on the occasion of any Ipswich Town Football Club home match at Portman Road from a time of two hours before kick-off time to two hours after the match has finished (but not later than the closing time of the premises) to ensure that:
- Drunk and disorderly persons refused admission to/ejected from the premises without causing further disorder
- Excluded individuals (subject of court or Barwatch - Pubwatch Online bans) are prevented from entering the premises
One of the door staff referred to above may be a member of the premises staff who has undergone training provided he/she does not carry out door staff and more general duties on the premises at the same time
The premises will be a member of the Leisure Link Radio Scheme, or other scheme approved by Suffolk Police, to provide a means of two-way communication to report incidents between the premises and the local police CCTV monitoring centre. The premises will actively monitor and use the system
The holder of the premises licence shall use his best endeavours to ensure that CCTV equipment is maintained in good working order, monitored during licensable activity and covers all areas used for licensable activity. The holder of the premises licence shall also use his best endeavours to ensure that CCTV equipment is checked prior to the start of licensable activity and that at least 75% of it is in operation at all times. The holder of the premises licence is to ensure that repairs to the system are done as soon as reasonably practicable. All CCTV tapes are to be retained for a minimum period of 28 days
The licensee will ensure that, when requested by the Police to do so, drinks are only available for consumption from plastic or toughened glass
The licensee will ensure that any person selling or supplying alcoholic drink under the authority of a personal licence holder follows the guideline of the Suffolk Constabulary Challenge 21 Scheme and asks for photo ID proof of age where they have reason to suspect that the individual may be under 21 years of age
The licensee will adopt and comply with the British Beer and Pub Associations guidelines on Point of Sale Promotions
The licensee will adopt any Policy relating to responsible Packaging, Promoting and Retailing issued by the Portman Group and comply with any Retailer Alert Bulletins
The licensee will ensure a secure deposit box is kept on the premises for the retention of confiscated items and ensure that the Police are advised of any items which require safe disposal
The premises shall be a member of Bar watch - Pubwatch Online, and the DPS or a nominated member of staff shall use their best endeavours to attend meetings of the scheme
Persons under the age of 18 years old are not permitted access to the premises at all times the premises is open to the public for licensable activity
Conditions offered through mediation with the Police at variation stage (Jun 09):
Door Supervisors to operate an internal radio system to ensure the safety of customers, staff and the public in the vicinity of the premises
A refusal book will be kept at the premises and maintained at all times. This will be provided to police on request
The external courtyard bar shall not operate on evenings when under 18 events are held at the Corn Exchange venue - such events to be defined and agreed in discussion with the police from time to time