Annex 2 - Conditions consistent with the Premises Operating Schedule
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.
Conditions carried over from Public Entertainment Licence Ipswich Borough Council Standard Conditions:
PART I
(a) GENERAL CONDITIONS
1. Management of the Premises
1.1 Responsibility of licensee.
1.1.1 the licensee is personally responsible for the management of the premises, including the actions of any agency staff, although he may, on occasions when he is not present, discharge that responsibility through a nominated person.
1.1.2 the licensee, or the nominated person, shall
() be in charge of and be on the premises during the whole of the time that entertainment is provided while members of the public are on the premises;
() not engage in any activities which will prevent him from exercising general supervision of the premises;
(c) ensure that when the public are on the premises an adequate number of attendants/Registered Door Supervisors as specified in writing by the Council are on duty and that, if the Council does not specify a particular number of attendants, an adequate number of attendants will be on duty if there is compliance with the numbers set out in the following table:
Number of attendees | Number of attendants |
75 - 250 | 2 |
251 - 500 | 3 |
501 - 750 | 4 |
751 - 1000 | 6 |
1001 - 1250 | 9 |
1251 - 1500 | 10 |
1501 - 2000 | 12 |
(d) ensure that all attendants are properly trained and instructed in the safe and efficient running of the premises and effectively carry out their duties;
(e) ensure that a notice, in a format prescribed by the Council, is displayed as requested, indicating that the premises are licensed for public entertainment;
(f) ensure that all entertainments stop immediately and the public be required to leave the premises in the event of any situation arising which is likely to prejudice public safety; and
() have absolute responsibility for ensuring compliance with all conditions attached to the licence.
(h) ensure that all attendants are clearly identified (for example by a uniform) to the public.
1.1.3 the licensee must be satisfied that any nominated person is aware of the conditions of the licence and understands the need for them to be complied with.
1.2 Log Books
1.2.1 the licensee must keep on the premises log books, in a format prescribed by the Council, which are
(a) kept in a safe and secure place;
(b) accurate and up to date;
(c) bound and consecutively numbered; and
(d) available for inspection (see 8. Entry and Inspection note, 8.3)
and kept for a minimum of 12 months since the date of last entry or for such longer period as the Council may require.
1.2.2 three separate log books shall be kept:
(a) A log book shall be kept on site containing an up to date record of names, address and telephone numbers of all external promoters employed by the venue
(b) an Entertainment Log Book, in which shall be recorded the date any entertainment takes place at the licensed premises, the name, address and telephone number of any person who promotes or organises the entertainment, and the date of the booking of the entertainment.
(c) a Fire Log Book, in which shall be recorded, before it is used on any day for public entertainment, details of the inspection of all exits and exit routes, fire drills and any outbreaks of fire, and of the testing of fire alarms, fire fighting equipment and emergency lighting, together with the initials of the person making the entry. (see 4. Fire Safety).
(d) a Door Supervisor Log Book, which shall comprise two distinct parts:
(i) a part recording the name, address, telephone number and registration number of any door supervisor employed in respect of the premises, the name, address and telephone number of any employer of the supervisor (other than the licensee), and details of training undertaken by the door supervisor;
(ii) a part recording the name and registration number of any door supervisor, dates and times of commencement and finishing of work, signature of the door supervisor in respect of both, and details of any incident in which the door supervisor is involved, including the calling of the police and any police action taken (see 9. Door Supervisors).
2. Conduct of Premises
2.1 The licensee or nominated person shall ensure that any noise emanating from the premises shall not
(a) cause any injury to the health of persons present on the premises; or
(b) cause annoyance or nuisance to occupiers of premises in the vicinity.
2.2 The licensee or nominated person shall take all reasonable steps to prevent annoyance or nuisance by persons leaving the premises and shall undertake such monitoring, if any, in this respect as may be required by the Council.
2.3 The licensee shall ensure that nothing shall take place on the premises which
(a) is likely to cause disorder or breach of the peace;
(b) is likely to be lewd or obscene ;
(c) involves unlawful betting or gaming;
(d) involves drugs misuse; or
(e) any other unlawful activity.
2.4 No person shall be refused admission to the premises on the grounds of age (unless an age-related event or the premises are licensed premises which will be subject to the Licensing Act 1964 or licensed premises with conditions attached to their Liquor Licence), sex (unless a single-sex event), sexual orientation, disability, race, colour, religion, or ethnic or national origins and the management shall comply with all race relations, equal opportunities and anti-discrimination legislation.
3. Use of Premises
3.1 Written Consent
Unless specifically covered by the licence, the licensee is required in the following instances:
(i) to obtain the written consent of the Council, for which application must be made in writing in a form prescribed by the Council not less than 28 days (or such other period as the Council may specify in particular circumstances) prior to the hearing of the application;
(ii) to forward, at the same time that application is made to the Council for written consent, a copy of the application to the Chief Officer of Police and the Fire Authority; and
(iii) to comply with any conditions attached to such consent.
(a) any exhibition, demonstration or performance of hypnotism on any person;
(b) any striptease, lap dancing or similar performance given on the premises;
(c) any public entertainment provided at the premises at hours or on days other than those permitted by the licence;
(d) any special event not usually carried out at the premises or which involves special effects of special risk (Requirement of notification encompasses any event that is promoted by an external contractor, a one off event that is outside the normal operations of the venue and a permanent change to the genre/operating schedule of any trading session
(e) any use on the premises of portable heating or cooking appliances;
(f) any keeping or storage on the premises of combustible or inflammable materials or substances; and
(g) any temporary structure constructed or used on the premises.
3.2 Sunday Entertainments
See Supplemental General Condition 10.1
3.3 Small Community Premises
Conditions may be varied at the discretion of the Council where public entertainments take place in small community premises.
4. Fire Safety
4.1 Procedure in event of fire
4.1.1 the licensee shall be responsible for staff training in respect of fire precautions and fire and evacuation procedures, and a record staff training shall be kept in the Fire Log Book. Training shall include:
(a) the action to be taken on discovering a fire and on hearing the fire alarm;
(b) raising the alarm and calling the fire service;
(c) the location and use of fire fighting equipment;
(d) knowledge of escape routes;
(e) knowledge of the method of operating any special escape door fastenings; and
(f) evacuation of the building to an assembly point at a place of safety.
4.1.2 Notices shall be displayed at suitable positions on the premises stating in concise terms the action to be taken on discovering a fire and on hearing the fire alarm.
4.1.3 External access provided for emergency vehicles shall be kept free from obstruction at all times.
4.1.4 Any outbreaks of fire, however slight, must be reported immediately to the fire service by dialling 999 or 112 and details recorded in the Fire Log Book (see 1. Management of Premises, 1.2 Log Books).
4.1.5 All exits and exit routes shall be clearly indicated by notices as approved by the Council and in accordance with the relevant Regulations and kept free from obstruction at all times. (see also condition 5.2.1)
4.2 Fire hazards and fire precautions
4.2.1 Stoves, open fires and heating appliances shall be effectively fixed and (where appropriate) guarded, and portable heating or cooking appliances shall not be used except with the consent of the Council (see 3. Use of Premises, 3.1 Written Consent).
4.2.2 No pyrotechnics or real flames, explosives, flammable agents, toxis or hazardous substances and any similar entertainment involving special effects or special risks shall be used on the premises except with the consent of the Council (see 3. Use of Premises, 3.1 Written Consent).
4.2.3 Furniture and fittings, and the décor and fabric of the building, shall have the necessary fire retardant qualities in accordance with current standards.
4.2.4 No laser beams (pyrotechnics or real flame), strobe lights, explosives, flammable or smoke-producing agents, toxic or hazardous substances and any similar entertainment involving special effects or special risks shall be used on the premises except with the consent of the Council (see 3. Use of Premises, 3.1 Written Consent).
4.2.5 Electrical or gas installations, equipment and apparatus shall not cause any fire risk or danger of electric shock or explosion and shall comply with the relevant Regulation.
4.2.6 Any fire alarm and fire fighting equipment, including sprinklers, provided shall be maintained in efficient working order and tested at least annually to the satisfaction of the Council and the fire authority, with details of tests recorded in the Fire Log Book (see 1. Management of Premises, 1.2 Log Books).
4.2.7 Fire drills and staff training must be conducted at intervals specified by the Council and details recorded in the Fire Log Book by the person conducting the drill (see 1. Management of Premises, 1.2 Log Books).
4.2.8 A system of emergency lighting, independent of the normal lighting of the premises, shall be provided and shall illuminate all escape routes. The system shall operate automatically on failure of the normal lighting or be on at all times, and shall be maintained in efficient working order and tested at specified intervals to the satisfaction of the Council and the fire authority, with details of tests recorded in the Fire Log Book (see 1. Management of Premises, 1.2 Log Books).
4.2.9 the licensee shall comply with all reasonable fire precaution and safety measures that may be required by the Council and/or the fire authority.
4.2.10 If, before the Licence was granted, the licensee was notified by the fire authority that they required alterations to the premises to be made then the licensee must not allow the premises to be used for any entertainment until those requirements have been met.
4.2.11 The licensee must ensure that socket outlets for use with temporary or portable electrical equipment on any performance area is protected by an RCCB, installed and maintained as part of the fixed wiring.
The RCCB device must:
be designed to operate if the earth leakage current exceeds 0.03 amps
have a maximum operating time of 30 milliseconds
incorporate a test button
comply with current British Standards and codes of practice
be clearly labelled as to its intended usage.
In respect of this condition a certificate from an independent and suitably qualified electrical contractor confirming that the electrical installations comply with the British Standards requirement must be forwarded to the Council within six months of the date of renewal of the licence.
4.2.12 every year the licensee must send the Council a certificate by an independent and suitably qualified electrician confirming that the electrical installations at the premises comply with 4.2.11.
5. General Safety
5.1 Numbers present
5.1.1 The number of persons admitted to the premises on any one occasion shall not exceed the maximum permitted number stated in the Fire Risk Assessment (such number to be inclusive of staff on the premises) and overcrowding in any part of the premises so as to interfere with the safety or comfort of the public shall not be permitted.
5.1.2 The licensee shall employ a suitable method of determining the number of persons on the premises at any one time to ensure that the maximum permitted number is not exceeded.
5.1.3 The licensee shall ensure that a notice, in a format prescribed by the Council, is displayed in a prominent position so as to be visible and easily understood at the entrance to the premises, indicating the maximum number of persons that in total may be present on the premises. Where the Council has specified numbers for particular parts of the premises, the licensee shall ensure that notices, in a format prescribed by the Council, are displayed at the entrance to those parts, indicating the maximum number of persons that may be present there at any one time.
5.2 Means of escape
5.2.1 All exits and exit routes shall be inspected prior to the premises opening for public entertainment. Details of the inspections shall be recorded in the Fire Log Book. (see also condition 4.1.5)
5.2.2 all exit doors shall at all times when the public are on the premises:
(a) be kept unlocked and have any removable fastenings removed;
(b) be secured in the open position if they do not open in the direction of exit; and
(c) if fitted with panic bolts, be conspicuously marked “PUSH BAR TO OPEN”, and such bolts shall have been tested and be in good working order, and shall open the door with horizontal pressure on the crossbar.
5.2.3 Such special arrangements as may be necessary shall be made for the escape of disabled persons.
5.3 Premises, fixtures and fittings
5.3.1 Gangways, exit routes and steps shall be maintained in good order with non-slippery and even surfaces, and edges of steps and stairways shall be conspicuously marked if required by the Council.
5.3.2 Accommodation for a closely seated audience shall be provided in accordance with current standards relating to the provision of seating.
5.3.3 All floor coverings, handrails, ramps and protective barriers shall be secured and maintained so that they will not in any way be a source of danger.
5.3.4 Where appropriate, a test shall be carried out by an independant and suitably qualified person and a certificate of examination submitted to the Council annually or at such other intervals as the Council may in writing require for:
(a) ceilings and;
(b) boilers
and shall be accompanied by a risk-assessment report in respect of the premises.
5.3.5 Prior to any public entertainment taking place at the premises, the licensee shall take out a reasonable level of public liability insurance[…]
5.3.6 Any passenger-lift installation or escalator shall be maintained and inspected at least every six months by a competent lift engineer and a certificate by such engineer indicating that the whole installation is in a safe and efficient working order shall be submitted to the Council annually.
5.3.7 If, before the Licence was granted, the licensee was notified by any of the Council’s environmental health officers that they required alterations to the premises to be made then the licensee must not allow the premises to be used for any entertainment until those requirements have been met.
5.4 Health & Safety and Food Safety legislation
5.4.1 The licensee shall comply with all requirements of Health and Safety at Work legislation, Regulations and Codes of Practice, including all necessary risk-assessments, and with all requirements of Food Safety legislation.
5.4.2 The licensee shall ensure that there is free and unrestricted access to cold drinking water at all times and without charge, and that bottled water and soft drinks are available at the bar(s).
5.4.3 The drinking water must comply with the current standards for drinking water quality and, if drinking water fountains/points are provided, these should be clearly marked “drinking water”.
5.4.4 the licensee must set aside part of the premises as a cooling off area where people wishing to take a break from the entertainment are permitted to sit quietly away from the entertainment. (see also special condition 13.3)
5.5 First Aid
5.5.1 The licensee shall ensure that at all times there is at least one suitably trained first aider, who shall be responsible for first aid, on duty when the public are present. If more than one suitably trained first aider is present on the premises, each person’s responsibilities shall be clearly identified.
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5.5.2 the licensee shall ensure that at all times an adequate and appropriate supply of first aid equipment and materials is available on the premises.
5.6 Closed circuit television cameras
5.6.1 Closed circuit television camera (CCTV) equipment shall, if required by the Council, be provided and installed on and/or in the vicinity of the premises. CCTV equipment used shall be of the type that indicates on the recording the date and time of the recording.
5.6.2 Equipment shall be maintained in good working order and recordings kept in date order, numbered consecutively and retained according to the Council’s requirements.
6 Heating, lighting and ventilation
6.1 All parts of the premises shall be kept properly and sufficiently heated, lit and ventilated to the satisfaction of the Council. Proper and sufficient lighting will include the provision of a system of emergency lighting as required by Condition 4.2.8.
6.2 Where ventilation is by air conditioning or other mechanical means, such system shall be maintained in good working order.
7. Sanitation
7.1 Adequate and separate toilet accommodation shall be
(a) maintained for both sexes, free of charge,
(b) kept clean and in proper working order, and
(c) inspected at hourly [or other specified period] intervals whilst the premises are open to the public.
7.2 Suitable washing facilities in toilet accommodation shall be provided, including provision and maintenance of an adequate supply of hot water, toilet paper in holders or dispensers, soap and suitable hand drying facilities.10
8. Entry and Inspection
8.1 The police, the fire authority and authorised officers of the Council shall be allowed to enter the premises at all reasonable times in order for them to ensure compliance with these conditions.
8.2 A copy of the licence and any special conditions shall be displayed in a conspicuous position on the premises and be available at all times for inspection by police, the fire authority and authorised officers of the Council.
8.3 All log books kept on the premises (see 1. Management of Premises, 1.2 Log Books) shall be available for inspection at all times by the police, the fire authority and authorised officers of the Council.
8.4 The licensee and any other person present on the premises shall give all reasonable assistance to the police, the fire authority and authorised officers of the Council to enable them to discharge any of their functions in relation to entry and inspection.
9. Door Supervisors
9.1 The following conditions shall apply where any door supervisor, whether or not required by the Council, is employed in respect of the premises.
9.2 The licensee shall not cause or permit any door supervisor to be employed in respect of the premises except with the prior written consent of the Council (see 3. Use of Premises, 3.1 Written Consent), and the licensee shall have absolute responsibility for ensuring unauthorised door supervisors are not employed in respect of the premises.
9.3 The licensee shall, within three days of any door supervisor ceasing to be so employed in respect of the premises, notify the Council in writing of the supervisor’s last working day and the reason(s) for cessation of employment (if known).
9.4 The licensee shall ensure that all door supervisors, at all times when they are on duty, wear an identity badge, conspicuously displayed and in a form and manner prescribed by the Council.
9.5 The licensee shall maintain, in a format prescribed by the Council, an accurate and up-to-date log book in respect of door supervisors employed in respect of the premises (see 1. Management of Premises, 1.2 Log Books), in which any incidents involving door supervisors are recorded.
9.6 The licensee shall, within three days, notify the Council in writing of any door supervisor suspected of knowingly providing false information either in the Door Supervisors Log Book or otherwise, and shall suspend immediately the door supervisor from working, unless the Council gives written consent for working to continue.
9.7 The licensee shall ensure that every door supervisor signs and dates an undertaking that, whilst discharging their duties, they will not be in possession of or use any weapon, controlled drug or alcohol. The licensee shall take reasonable steps to ensure door supervisors comply with this undertaking and shall notify the Council of any breaches of undertaking.
9.8 The licensee shall require door supervisors to give their written consent to the licensee obtaining, from either the Council or the Chief Officer of Police, details of any criminal convictions, criminal charges pending and other information which, in the view of either the Council or the Chief Officer of Police, might render the door supervisor unsuitable to be engaged in respect of the premises.
9.9 The licensee shall produce the written consent referred to in section 9.8 if required to do so by the police or authorised officers of the Council.
PART III
(a) CONDITIONS RELATING TO PARTICULAR PREMISES
(i) Night clubs and similar dance venues
13.1 (NC) Reduction in the supply of drugs
The licensee shall ensure that:
(a) outer clothing, pockets and bags of those entering the premises are searched by a trained Door Supervisor of the same sex in cases where there is reasonable suspicion that drugs are being carried;
(b) a clearly visible notice is placed advising those attending the premises that it is a condition of entry that customers agree to being searched and that the police will be informed if anyone is found in possession of controlled substances or weapons;
(c) security arrangements are sufficient to discourage the sale and consumption of drugs;
(d) customers known to have been previously convicted of criminal offences relating to drugs are excluded;
(e) there is liaison with the police to consider what steps might be taken to assist with surveillance at the premises, including the installation of video surveillance equipment to monitor activity; and
(f) the advice of the police is sought on procedures for keeping records of incidents and making such records available for inspection.
13.2 (NC) Drugs Information
The licensee shall liase with local drug agencies to develop a drugs prevention strategy for the venue and shall, on request, provide them with assistance and access to the premises.
13.3 (NC) Cooling off/Quiet Areas
The licensee shall provide quiet areas and ‘cooling off’ facilities in accordance with the requirements of the Council (see also condition 5.4.4)
(ii) Late Night premises trading beyond 3.00 a.m.
13.1(LN) the licensee shall provide rest facilities, with adequate seating, which are cooler, quieter and separate from the main dance areas.
13.2(LN) The licensee shall ensure that an adequate number of door supervisors are present in the rest facilities area at all times to prevent overcrowding.
Conditions carried over from Justices’ Licence:
The CCTV system is to be maintained in good working order and updated to ensure its effectiveness, a minimum of 75% of which must be fully operational during licensing hours to cover all areas of the licensed premises with recordings kept in date for a period of not less than 28 days.
Alcohol may be consumed in the delineated area outside the ground floor with adequate supervision by the licensee, seating available at all times and waiter and waitress service available to customers
Conditions offered through mediation with the Police:
Staff training records with regards to responsibility for the supply of alcohol will be made available for inspection by an authorised officer
Late night refreshment is to be made readily available to customers until 30 minutes prior to closing time on any day.
At capacity, there will be 10 SIA Registered Door supervisors at the premises (1 per 100 customers)