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 Embedded Restrictions - Restaurant Certificate:
Where a supper hours certificate is in place under s. 68, add (depending on whether one or both of the extensions in square brackets have been granted):
“Alcohol may be sold or supplied [on Christmas day, between 3 p.m. and 7 p.m.] to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the permitted hours shall continue to apply.”
Source Section 68 Licensing Act 1964
Conditions consistent with the Operating Schedule Toolkit
CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER
Restrictions on Drinking Areas
1. I will ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the operating schedule.
Proof of Age Cards
2. 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.
Notices
3. 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)
Crime Prevention Schemes
4. I shall participate in the local pubwatch/nightsafe scheme operating in the Borough/District
Litter and Waste
5. 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
6. 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.
Escape Routes
7. 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.
8. I will make sure that where chairs and tables are provided, internal gangways are kept unobstructed.
9. 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
10. 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.
11. I will make sure that any removable security fastenings are removed whenever the premises are open to the public or occupied by staff.
12. 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).
13. I will make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut.
14. I will make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous.
Outbreaks of Fire
15. 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
16. 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
17. Access for emergency vehicles is kept clear and free from obstruction
First Aid
18. I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises
Lighting
19. In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational;
20. I will make sure that Fire safety signs are adequately illuminated;
21. I will not alter Emergency lighting without prior notification to the Licensing Authority
22. I will make sure that Emergency lighting batteries are fully charged before admission of the public;
23. 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;
24. 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
25. 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)
26. I will make sure that any temporary electrical wiring and distribution systems comply with the recommendations of BS 7671 or where applicable BS 7909.
27. 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
28. 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:
Gas boiler, calorifier or appliance
Portable fire fighting equipment
Public Liability Insurance
29. 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
30 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
31 I will make free drinking water available at all times the premises is open to the public;
CONDITIONS RELATING TO THE PREVENTION OF PUBLIC NUISANCE
Noise and vibration
32. I will make sure that Noise or vibration is not noticable at the façade of any noise sensitive premises;
33. 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
34. 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;
35. I will make sure that during the final hour of opening the music is discernibly quieter;
36. I will not permit the playing of live or recorded music in garden areas of the premises after (please specify time here);
37. I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.
38. 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.
39. 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
40 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.
41. Ensure that receptacles for waste are emptied regularly to minimise nuisance smells.
Light pollution
42 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
43. I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site
44. I will make sure that receptacles for refuse storage are maintained in a clean condition.
45. I will make sure litter is regularly cleared from the vicinity of the premises
CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM
General
46. I will comply with Retailer Alert Bulletins issued by Portman Group
Access for children to licensed premises generally
47. I will require that children under the age of 12 are accompanied by adults after 11pm in the evening.
ADDITIONAL MEASURES
All under 18s to be accompanied by an adult
Conditions offered through mediation with the Police:
A maximum of one live music event (to midnight) per fortnight - date to be advised to police at least 48hrs in advance
Any live music to be made discernibly quieter 60 mins before closing time and to cease completely 30 mins before closing time on any day
Facilities for dance to be limited to once per fortnight (to midnight) - date to be advised to police at least 48 hrs in advance
Any recorded music to be made discernibly quieter 60 mins before closing time and to cease completely 30 mins before closing time on any day
Use of upstairs room to be restricted to private functions only and rear downstairs room to remain laid out as a restaurant (with tables and chairs) at all times the premises is open for licensable activities.
Bar snacks (sandwiches and other pre-prepared snacks) to be readily available up until 30 mins before closing time on any day
Auditable procedures to be in place to ensure that all staff are trained and briefed as to their responsibilities with regard to the supply of alcohol on the premises.
Supply of alcohol to cease at midnight Sun-Thurs and 01:00 Fri/Sat
Premises to close by 00:30 Sun-Thurs and 01:30 Fri/Sat
CCTV & Communications
The holder of the premises 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 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.
Conditions offered by applicant:
Prevention of Crime & Disorder Licensing Objective-
There will be no drinks promotions other than with a meal to encourage responsible drinking
Prevention of Public Nuisance Licensing Objective-
The tables situated in the outside area of walkway and customers outside the premises will be brought back inside the premises at 23.00 pm
Protection of Children from Harm Licensing Objective-
There will be proof of age ID requested from any customers suspected of being under 21