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:
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.
Credit 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 carried over from Public Entertainment Licence Ipswich Borough Council Standard Conditions:
The following conditions shall apply to all public entertainment licences issued by the Council and the licensee is responsible for ensuring that these conditions are complied with. The conditions apply only to licences issued for music, dancing or other entertainment of a like kind or for sports entertainment, and not to open-air musical entertainment on private land. Application may be made to vary the conditions, to make structural alterations to the premises or to transfer the licence, but not less than 28 days notice in writing must be given to the Council, the Chief Officer of Police and the Fire Authority of any application.
General Definitions
“agency staff”
Any person not directly employed by the licensee but engaged by the licensee to manage, control or supervise the premises.
“attendant”
Any person (which might include the licensee or a door supervisor) primarily engaged, used or employed on the premises for the safe and efficient running of the premises and who, in a form and manner prescribed by the Council, is readily identifiable to the public.
“authorised officer”
Any person authorised in writing by the Council to act in relation to the relevant statutory provisions.
“chief officer of police”
The chief constable for Suffolk
“Council”
Ipswich Borough Council
“door supervisor”
Any person (which might include the licensee primarily engaged, used or employed on the premises to vet, regulate and control persons entering and leaving the premises or engaged, used or employed in the supervision of patrons once inside the premises to ensure the maintenance of good order, public safety and internal security.
“emergency lighting”
Lighting obtained from a source independent of the general supply for the premises, which is provided to assist the public, performers and staff to leave the premises without the aid of the normal lighting.
“entertainment”
Entertainment by way of music, singing, dancing or other entertainment of the like kind, to which members of the public are admitted.
“fire authority”
Suffolk County Council
“hypnotism”
Hypnotism includes hypnotism, mesmerism and any similar act or process which produces or is intended to produce in any person any form of induced sleep or trance in which the susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased but does not include hypnotism, mesmerism and any similar act or process which is self-induced (s 6 Hypnotism Act 1952).
“lap dancing”
Dancing for the entertainment of a person or persons, which takes place in close proximity to the person(s) being entertained and during which a dancer removes an item or items of their clothing and for which payment is made.
“licensee”
The person or persons to whom the Council has granted the licence and in whose name it appears.
“nominated person”
A responsible person over the age of 18 nominated in writing by the licensee and notified in writing to the Council to conduct the public entertainment in the absence of the licensee, to assume responsibility for complying with the licence conditions in the absence of the licensee, and to control or supervise the premises. Such written nomination shall be available at all times for inspection by the Council’s authorised officers or by the police.
“noise”
means any sound which is undesired by the recipient and includes vibration.
“normal lighting”
All lighting, other than emergency lighting, permanently installed in those parts of the premises to which the public have access, including decorative lighting but excluding lighting installed solely for advertising purposes.
“premises”
The building or any part of the building described in the licence issued by the Council and including any means of ingress and egress and any forecourt, yard or other place used in connection with any entertainment.
“public”
Members of the public who are admitted to the premises whether on payment or not.
“public entertainment licence”
An entertainments licence granted under paragraph 1 of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982
“risk assessment report”
A report required by the Council, which indicates (a) that the workplace and premises have been examined to identify any risks and hazards; and (b) what action (if any) has to be taken in order to reduce, minimise or negate the risks and hazards identified.
“small community premises”
Premises such as, or similar to, church halls, chapel halls, village halls and parish halls, in respect of which the maximum permitted persons on the premises, will not exceed 300.
“sports entertainment licence”
An entertainments licence granted under paragraph 2 of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982
“theatre licence”
A licence granted under the Theatres Act 1968 for the public performance of stage plays.
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 |
1 - 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
() 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 four separate log books shall be kept:
(a) a Door Supervisors Incident Log Book, in which shall be recorded the date any incidents take place at the licensed premises, the name, address and telephone number of any person who is involved with the incident including the calling of the police and any police action taken (see 9 Door Supervisors)
(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 public entertainment not usually carried out on the premises or which involves special effects or special risks;
(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 combustible or flammable materials or substances shall be kept or stored 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 licence (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.
.
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 II
(a) CONDITIONS RELATING TO PARTICULAR ENTERTAINMENTS
(i) Hypnotism
11.1(H) The following conditions shall apply in relation to any consent given for an exhibition, demonstration or performance (hereafter “performance”) of hypnotism.
11.2 (H) Publicity
(a) no poster, advertisement or programme for the performance that is likely to cause public offence shall be displayed, sold or supplied by or on behalf of the licensee either at the premises or elsewhere;
(b) every poster, advertisement or programme for the performance, which is displayed, sold or supplied shall include, clearly and legibly, the following statement:
“Volunteers, who must be aged 18 or over, can refuse at any point to continue taking part in the performance.”
11.3 (H) Insurance
The performance shall be covered by public liability insurance to a level of at least £2 million. The hypnotist must provide evidence of this to the local authority if requested; and it must be available for inspection at the performance.
11.4 (H) Physical arrangements
() the means of access between the auditorium and the stage for participants shall be properly lit and free from obstruction;
(b) a continuous white or yellow line shall be provided on the floor of any raised stage at a safe distance from the edge. This line shall run parallel with the edge of the stage for its whole width. The hypnotist shall inform all subjects that they must not cross the line while under hypnosis, unless specifically told to do so as part of the performance.
11.5 (H) Treatment of audience and subjects
(a) before starting the performance the hypnotist shall make a statement to the audience, in a serious manner, identifying those groups of people who should not volunteer to participate in it; explaining what volunteers might be asked to perform; informing the audience of the possible risks from embarrassment or anxiety; and emphasising that subjects may cease to participate at any time they wish. The following is a suggested statement, which might be amended as necessary to suit individual styles as long as the overall message remains the same:
“I shall be looking for volunteers aged over 18 who are willing to be hypnotised and participate in the show. Anyone who comes forward should be prepared to take part in a range of entertaining hypnotic suggestions but can be assured that they will not be asked to do anything which is indecent, offensive or harmful. Volunteers need to be in normal physical and mental health and I must ask that no-one volunteers if they have a history of mental illness, are under the influence of alcohol or other drugs or are pregnant.”
() no form of coercion shall be used to persuade members of the audience to participate in the performance. In particular, hypnotists shall not use selection techniques which seek to identify and coerce onto the stage the most suggestible members of the audience without their prior knowledge of what is intended. Any use of such selection techniques (e.g. asking members of the audience to clasp their hands together and asking those who cannot free them again to come onto the stage) shall only be used when the audience is fully aware of what is intended and that participation is entirely voluntary at every stage;
() if volunteers are to remain hypnotised during an interval in the performance, a reasonable number of attendants as agreed with the licensing authority shall be in attendance throughout to ensure their safety;
11.6 (H) Prohibited actions
(a) the performance shall be so conducted as not to be likely to cause offence to any person in the audience or any hypnotised subject;
() the performance shall be so conducted as not to be likely to cause harm, anxiety or distress to any person in the audience or any hypnotised subject. In particular, the performance shall not include:-
() any suggestion involving the age regression of a subject (i.e., asking the subject to revert to an earlier age in their life; this does not prohibit the hypnotist from asking subjects to act as if they were a child etc);
() any suggestion that the subject has lost something (e.g., a body part) which, if it really occurred, could cause considerable distress;
(iii) any demonstration in which the subject is suspended between two supports (so called “catalepsy”);
(iv) the consumption of any harmful or noxious substance;
(v) any demonstration of the power of hypnosis to block pain (e.g., pushing a needle through the skin);
(c) the performance shall not include the giving of hypnotherapy or any other form of treatment.
11.7(H) Completion
(a) all hypnotised subjects shall remain in the presence of the hypnotist and in the room where the performance takes place until all hypnotic suggestions have been removed.
(b) all hypnotic or post-hypnotic suggestions shall be completely removed from the minds of the subjects and the audience before the performance ends. All hypnotised subjects shall have the suggestions removed both individually and collectively and the hypnotists shall confirm with each of them that they feel well and relaxed (the restriction on post-hypnotic suggestions does not prevent the hypnotist telling subjects that they will feel well and relaxed after the suggestions are removed).
() the hypnotists shall remain available for at least 30 minutes after the show to help deal with any problems that might arise. (Such help may take the form of reassurance in the event of headaches or giddiness but this condition does not imply that the hypnotist is an appropriate person to treat anyone who is unwell.)
11.8(H) Authorised access
Where a constable, or an authorised officer of the licensing authority or the fire authority has reason to believe that a performance is being, or is about to be, given he may enter the venue with a view to seeing whether the conditions on which approval for the performance was granted are being complied with.
(ii) Striptease, lap dancing and similar entertainment
11.1(S) The following conditions shall apply in relation to any consent given for a performance of striptease, lap dancing or similar entertainment and there shall be agreed in writing with the Council
(a) activities that may take place;
(b) designated areas where those activities may take place; and
(c) arrangements for restricted access to the dressing room, which shall be maintained at all times whilst the agreed activities are taking place and until such time as all performers using the dressing room have evacuated it.
11.2(S) the agreed activities may only take place between such hours as may be agreed in writing with the Council.
11.3(S) the agreed activities shall be given only by the performers and no audience participation shall be permitted.
11.4(S) Performers shall be aged not less than 18 years.
11.5(S) Performers shall only perform on the stage area, to seated customers or in such other areas of the licensed premises as may be agreed in writing with the Council.
11.6(S) Whilst the agreed activities are taking place, no person under the age of 18 shall be allowed onto that part of the premises and a clear notice shall be displayed at each entrance to the premises in a prominent position so that it can be easily read by persons entering the premises on the following terms: -
“No person under 18 years will be admitted”
11.7(S) The Licensee shall not permit the display outside of the premises of photographs or other images that indicate or suggest that striptease or similar entertainment takes place on the premises and which may be offensive.
(iii) Sports entertainments
11.1(SE) The layout of the premises, including all seating and standing areas for spectators, shall be to the satisfaction of the Council and shall be such as to minimise any risk on injury to persons present on the premises.
11.2(SE) Where the Council specifies the number of participants for a particular sports entertainment, that limit shall not be exceeded.
11.3(SE) As regards any structure to be used in connection with the sports entertainment, the licensee or nominated person shall ensure that it is
(a) installed in a position approved in writing by the Council,
(b) constructed to the satisfaction of the Council,
(c) constructed of non-inflammable materials,
(d) sufficiently stable, and
(e) positioned so that no member of the public occupies any seat within 2.5 metres of it.
11.4(SE) If barriers are required by the Council, they shall be erected in such positions and be of such construction as specified in writing by the Council.
11.5(SE) Dressing room accommodation and washing facilities for participants shall be provided to the satisfaction of the Council.
11.6(SE) No glasses, crockery or cutlery shall be in the auditorium whilst any sports entertainment is taking place.
11.7(SE) As regards any water sports entertainments, members of staff adequately trained in rescue and life safety procedures (whose number shall be specified in writing by the Council) shall be stationed and remain within the vicinity of the water whilst the premises are open to the public.
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
(e) 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:
No Off-Sales from the premises
Conditions offered by applicant:
Prevention of Crime & Disorder Licensing Objective-
The licensee will adopt the Challenge 21 Scheme
Conditions offered via Operating Schedule Toolkit:
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. I will ensure that any Door Supervisors used are registered by the Security Industry Authority. (N.b. This is a mandatory condition where Door Supervisors are employed or used on a licensed premises)
3. I will use or employ at least two door supervisors on each floor or tier, in addition to those located in any access/egress point, during the whole of the time any licensable activity takes place.
CCTV & Communication
4. I will provide a means of two way communication to report incidents between the premises and the local police or CCTV monitoring centre.
5. I will install Video/CCTV equipment inside/outside the premises and ensure that it is maintained in working order.
6. 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.
7. I will ensure that any cameras covering the exterior of the premises are left to record for the duration of the tape and for a period not less than …. (please specify). (Where members of the public congregate outside the premises after they are closed)
8. I will ensure that monitoring tapes are retained for at least twenty eight days and are produced to an authorised officer on demand.
9. 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
10. Where glass bottles are used, they will be retained or disposed of on the premises.
11. No customers will be admitted, or permitted to leave when carrying open or sealed bottles or glasses
Capacity Limits
12. I will ensure that the maximum occupancy of the licensed premises is restricted at any one time to: 150
13. I will provide Door Supervisors to ensure that the capacity limit is enforced.
Proof of Age Cards
14. 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
15. I will adopt and comply with the British Beer and Pub Associations Guidelines on On-Trade Promotions.
Prohibited Substances
16. 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”)
17. 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
18. 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)
19. I will display any restrictions on the admittance of individuals according to age (e.g. Children) on or immediately outside the premises.
20. I will display any conditions of entry to the premises in the vicinity of any entrance to the premises.
Crime Prevention Schemes
21. I shall participate in the local pubwatch/nightsafe scheme operating in the Borough/District
Litter and Waste
22. 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
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.
Safety Checks
30. 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
31. I will make sure that hangings, curtains and temporary decorations are maintained in a flame-retardant condition.
32. 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.
33. 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.
34. I will make sure that Temporary decorations are not used without prior notification to the licensing authority/fire authority.
Fire Action Notices
35. 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
36. 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
37. 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
38. Access for emergency vehicles is kept clear and free from obstruction
Disabled People
39. 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
40. I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises
Lighting
41. In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational;
42. I will make sure that Fire safety signs are adequately illuminated;
43. I will not alter Emergency lighting without prior notification to the Licensing Authority
44. I will make sure that Emergency lighting batteries are fully charged before admission of the public;
45. 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;
46. Where the emergency lighting battery has a capacity of three hours, I will make sure that evacuation of the premises is possible within one hour;
Temporary Electrical Installations
47. I will not provide temporary electrical wiring and distribution systems without [notification to the licensing authority at least ten days before commencement of the work] or [prior inspection by a suitably qualified electrician]; (delete as applicable) Note: It may not be possible to give ten days notice where performers are supported by external technical teams (for example where temporary electrical installations are made in theatres for television show performances). In such cases the key requirement is that competent persons undertake the work).
48. I will make sure that any temporary electrical wiring and distribution systems comply with the recommendations of BS 7671 or where applicable BS 7909.
49. 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
50. 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 Oil fired boiler or appliance Suspended ceilings Portable fire fighting equipment Temporary Electrical Installation
Public Liability Insurance
51. 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
52. 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. (N.B This will enable you to propose the amendment of any conditions that you would not be able to comply with upon completion of works)
Special Effects
53. I will make sure that the use of special effects or mechanical installation is arranged and stored so as to minimise any risk to the safety of the audience, performers and staff;
54. I will give prior notification to the Licensing and/or Fire Authority when I intend to use any of the following special effects: · Dry ice machines and cryogenic fog; · Smoke machines and fog generators; · Foam cannon/snow machine; · Pyrotechnics, including fireworks; · Real flame; · Firearms; · Motor vehicles; · Strobe lighting; · Explosives and highly flammable substances; · Lasers; (see HSE Guide The Radiation Safety of lasers for display purposes [HS(G)95] and BS EN 60825;Safety of laser products)
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 sufficient seating to accommodate (enter proportion here …) of the maximum capacity of the premises.
58. I will make sure that staff on the premises monitor and record the number of patrons within the premises. (NB: this condition would not be relevant where there is no maximum capacity).
Attendants
59. I will not use the premises for a closely seated audience except in accordance with seating plans. A copy of the plan will be displayed at the premises;
60. I will make sure that no article are attached to the back of any seats which reduce the clear width of seatways or cause a tripping hazard or obstruction;
61. I will keep a copy of any certificate relating to the design, construction and loading of any temporary seating available so that it can be shown to any authorised person on request
Gangways
62. I will make sure that sitting on floors is not permitted except where authorised in the premises licence;
63. I will make sure that waiting or standing is not permitted except in areas designated in the premises licence;
64. 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;
Scenery
65. I shall make sure that all scenery is maintained fire retardant
Ceilings
66. 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.
Seating
67. I will make sure that all seats in the auditorium are, except in boxes accommodating not more than 8 persons, either securely fixed to the floor or battened together in lengths of not fewer than four or more than twelve. (NB: Where the potential audience exceeds 250)
CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)
68. I will make sure that where tables and chairs are provided, clear gangways to exits are maintained;
69. I will not use portable heating appliances on the premises;
70. I will not use any appliances utilising cylinders or containers of gas on the premises;
71. 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
72 .I will make sure that Noise or vibration is not noticable at the façade of any noise sensitive premises;
73. I will make sure that doors and windows are kept closed (except for ingress and egress) to reduce noise nuisance from the premises;
74. 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;
75. 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
76. 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;
77. I will make sure that during the final hour of opening the music is discernibly quieter;
78. I will not permit the playing of live or recorded music in garden areas of the premises after (please specify time here);
79. I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.
80. I will ensure that any ventilation system has suitable sound attenuation.
81. 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. (Note: this may be more relevant at an outdoor event)
82. I will ensure that no amplified sound (including public announcements) in connection with the event continues beyond the permitted hours of the entertainment. (Note: this may be more relevant at an outdoor event)
Noxious smells
83. 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.
84. Ensure that receptacles for waste are emptied regularly to minimise nuisance smells.
Light pollution
85. I will ensure that flashing or particularly bright lights on or outside the licensed premises do not cause a nuisance to nearby properties, whilst balancing the need for lighting in the interests of prevention of crime and disorder.
Litter
86. I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site
87. I will make sure that receptacles for refuse storage are maintained in a clean condition.
88. I will make sure litter is regularly cleared from the vicinity of the premises
89. I will provide for the removal, within 24 hours of the finish of the event, of: · All refuse (including litter picking across the site). · Off site litter within one mile of the site along access and egress routes to the event (Note: this is in respect of outdoor events only)
CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM
General
90. I will comply with Retailer Alert Bulletins issued by Portman Group Note: This condition may be appropriate for licensed premises selling alcohol products in a manner that may appeal to or attract minors.
91. A crime prevention policy agreed by the police and local authority will be in place;
92. I will implement a proof of age policy agreed by the police and local authority; Note: Proof of age cards are dealt with in the pool of conditions relating to the crime and disorder objective. However, it may be appropriate to consider the production of proof of age cards to ensure that appropriate checks can be made where the presence of children is restricted by age at certain time.
Access for children to licensed premises generally
93. I will require that children under the age of 12 are accompanied by adults after 11pm in the evening. Note: The above condition may be appropriate for any premises NOT serving alcohol for consumption on the premises, but where the public are allowed on the premises after 11pm in the evening. Applicants wishing to allow access to premises to unaccompanied children under the age of 12 after 11pm should address in their operating plan their reasons and explain the steps that they intend to take to protect children from harm.
94. I will exclude children under the age of 18 from the premises Note: If this condition is appropriate, the operating schedule does not need to detail steps that will be taken to promote the protection of children from harm. Otherwise, where entry is to be permitted, the operating schedule should outline steps to protect children from harm while on the premises.
Age Restrictions - Specific
95. I will apply age restrictions during the following hours (State hours when this condition will apply) Note: The above condition may be appropriate where a wide variety of licensable activities will take place at the premises and at different times of the day and night. It may not be appropriate to allow children unrestricted access in these circumstances. The following considerations may be relevant: · The hours of day during which age restrictions should and should not apply eg if adult entertainment is to be presented only after 8pm it may not be necessary to impose age restrictions for earlier parts of the day. · Types of event or activity where no age restrictions will be necessary, such as family entertainment or non- alcoholic events for young age groups, such as under 18s dances. · Types of event or activity which gives rise to a more acute need for age restrictions, such as “Happy Hours” or on drinks promotion nights or other events where the entertainment is not suitable for those aged under 18.
Conditions attached at variation stage March 2010
Prevention of Crime and Disorder
· Door supervisors will be employed in line with the new opening hours
Prevention of Public Nuisance
· The patio area will continue to close at the specified times within the conditions of the Licence, all windows and doors will be closed at these times
· All music will stop at existing times to prevent noise pollution
Annex 3 - Conditions attached after a hearing by the licensing authority
Conditions attached via Notice of Determination:
1. Supply of alcohol (for consumption on the premises only) to cease no later than 30 minutes prior to the end of hours that the premises are open to the public
2. Indoor Live music may take place on the premises on any day of the week, but on no more than 4 occasions per calendar year. In respect of each occasion the Police must be notified of the live music no later than 21 days before the event. Live music must cease no later than 30 minutes prior to the end of hours that the premises are open to the public.
3. Indoor Recorded music may take place at the premises, but at least sixty minutes prior to the end of hours during which the premises are open to the public, any recorded music being played shall be made discernibly quieter; and thirty minutes prior to the end of those same hours, any recorded music must cease altogether.
4. Indoor Performances of dance may take place at the premises but must cease no later than 30 minutes prior to the end of hours that the premises are open to the public.
5. Supply of late night refreshment to cease no later than 30 minutes prior to the end of hours that the premises are open to the public.
6. 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.
7. To 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.
8. To ensure that, when requested by the Police to do so, drinks are only available for consumption from plastic or toughened glass.
9. The Designated Premises Supervisor, or a person nominated by him, is to participate in the local Pubwatch / Nightsafe scheme operating in the Borough.
10. Children under the age of 16 will be required to leave the premises by 3 pm every day, and children under the age of 16 must be accompanied whilst on the premises at all times by an adult who will be required to maintain proper control of them.
Conditions attached following Magistrates Appeal Hearing:
· Door Supervisors: 2 SIA Registered Door Supervisors from 9pm - closing time on Fridays and Saturdays
· Radio Scheme: The licensee will have a Leisure Link Radio scheme membership
Conditions attached following a Review of the Premises Licence
1. The patio area at the rear of the premises may only be used during the following hours:
10.30 am - 11 pm Monday to Saturday inclusive
(changed start time to midday by virtue of variation application submitted March 2010)
12.00 (midday) - 10.30 pm Sundays and Bank Holidays
2. No amplified sound of any description is to be played in the patio area at any time. For the avoidance of doubt, this prohibition also includes the use of televisions.
3. The Premises Licence Holder is to install soft coverings across all hard surfaces in the patio area in order to increase acoustic absorption, by 31st December 2006. Thereafter the Premises Licence Holder is to ensure that the soft coverings are retained and maintained in good repair