Annex 2 - Conditions consistent with the Premises Operating Schedule
Conditions carried over from Embedded Restrictions - Licensing Act 1964:
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means that which are shown on the premises licence.
Restrictions
The above restrictions do not prohibit:
during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
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 Justices Licence:
No alcohol shall be supplied otherwise than to:
(a) a member of the said club who has been a member for at least 2 days or whose application for membership was made at least 2 days before his admission;
(b) a guest of such a member bona fide entertained by him at his own expense
There shall be rules for the club for the admission of persons to membership and a copy of such rules and any other rules shall be deposited with the Licensing Authority
A list of the names and addresses of all members of the said club shall be kept on the premises and produced on demand for inspection by the police
Conditions offered via Operating Schedule Toolkit:
CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER
Door Supervisors
| 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. |
| 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) |
| I will make sure that a female supervisor will be available if searches are to be conducted on female customers. |
CCTV & Communication
I will provide a means of two way communication to report incidents between the premises and the local police or CCTV monitoring centre. | |
Bottles and Glasses
Where glass bottles are used, they will be retained or disposed of on the premises. | |
| No customers will be admitted, or permitted to leave when carrying open or sealed bottles or glasses |
Restrictions on Drinking Areas
I will ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the operating schedule. | |
Capacity Limits
I will ensure that the maximum occupancy of the licensed premises is restricted at any one time to:120 | |
| I will provide Door Supervisors to ensure that the capacity limit is enforced. |
Proof of Age Cards
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. | |
Prohibited Substances
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”) | |
| 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
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) | |
| I will display any conditions of entry to the premises in the vicinity of any entrance to the premises. |
Crime Prevention Schemes
I shall participate in the local pubwatch/nightsafe scheme operating in the Borough/District | |
Litter and Waste
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
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
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. | |
| I will make sure that where chairs and tables are provided, internal gangways are kept unobstructed. |
| 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 |
| 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. |
| I will make sure that any removable security fastenings are removed whenever the premises are open to the public or occupied by staff. |
| 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). |
| I will make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut. |
| I will make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous. |
Safety Checks
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
I will make sure that hangings, curtains and temporary decorations are maintained in a flame-retardant condition. | |
| 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. |
| 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. |
| I will make sure that Temporary decorations are not used without prior notification to the licensing authority/fire authority. |
Fire Action Notices
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
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
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. | |
Disabled People
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
I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises | |
| I will make sure that at least 1 trained first aider will be on duty when the public are present |
| If more than one first aider is present, I will make sure that their respective duties are clearly defined |
Lighting
In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational; | |
| I will make sure that Fire safety signs are adequately illuminated; |
| I will not alter Emergency lighting without prior notification to the Licensing Authority |
| I will make sure that Emergency lighting batteries are fully charged before admission of the public; |
| In the event of failure of normal lighting, where the emergency lighting battery has a capacity of one hour, I will make sure that evacuation of the premises is possible within 20 minutes; |
Temporary Electrical Installations
I will not provide temporary electrical wiring and distribution systems without prior inspection by a suitably qualified electrician 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). | |
| I will make sure that any temporary electrical wiring and distribution systems comply with the recommendations of BS 7671 or where applicable BS 7909. |
| 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
46. | 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
47. | 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
48. | 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
49.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; | |
50. | 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
51.I will make free drinking water available at all times the premises is open to the public; | |
52. | I will provide sufficient seating to accommodate 50% of the maximum capacity of the premises. |
53. | 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). |
THEATRES, CINEMAS, CONCERT HALLS & SIMILAR PLACES
Premises used for closely seated audiences
Attendants
54. | The number of attendants on each floor in a closely seated auditorium will be as set out below: |
| Members of the audience present on a floor | Minimum number of attendants required to be present on that floor |
| 1-100 | One |
| 101 - 250 | Two |
| 251 - 500 | Three |
| 501 - 750 | Four |
| 751 - 1000 | Five |
| Each additional 250 persons (or part thereof) | One |
55. | I will make sure that attendants are not engaged in any duties that would hinder the prompt discharge of their duties in the event of an emergency or entail their absence from the auditorium where they are on duty; |
56. | I will make sure that attendants will be readily identifiable to the audience; |
57. | 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; |
58. | 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; |
59. | 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
60.I will make sure that sitting on floors is not permitted except where authorised in the premises licence; | |
61. | I will make sure that waiting or standing is not permitted except in areas designated in the premises licence; |
62. | I will make sure that in no circumstances is anyone permitted to:- (i) sit in any gangway; (ii) stand or sit in front of an exit; or (iii) stand or sit on any staircase including any landings; |
Safety Curtain
63.I will make sure that any curtains provided between the bar and the auditorium are heavyweight and of non-combustible material or inherently or durable treated flame-retardant fabric. (N.b: for a stage with a proscenium arch which is not equipped with a safety curtain) | |
CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)
64.I will make sure that where tables and chairs are provided, clear gangways to exits are maintained; | |
65. | I will not use portable heating appliances on the premises; |
66. | I will not use any appliances utilising cylinders or containers of gas on the premises; except for cooking purposes |
67. | 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
68. | I will make sure that Noise or vibration is not noticable at the façade of any noise sensitive premises; |
69. | I will make sure that doors and windows are kept closed (except for ingress and egress) to reduce noise nuisance from the premises; |
70. | 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; |
71. | 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 |
72. | 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; |
73. | I will make sure that during the final hour of opening the music is discernibly quieter; |
74. | I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with. |
75. | I will ensure that any ventilation system has suitable sound attenuation. |
76. | 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) |
77. | 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
78.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. | |
79. | Ensure that receptacles for waste are emptied regularly to minimise nuisance smells. |
Light pollution
80. | 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
81.I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site | |
82. | I will make sure that receptacles for refuse storage are maintained in a clean condition. |
83. | I will make sure litter is regularly cleared from the vicinity of the premises |
CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM
General
84. | 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. |
85. | A crime prevention policy agreed by the police and local authority will be in place; |
86. | 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
87.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. | |
Performances especially for children
88.I will make sure that attendant(s) are stationed in the area(s) occupied by the children and in the vicinity of each exit, at a ratio of one attendant per 50 children (or part thereof); | |
Children in performances
89.I will make sure that the backstage facilities are large enough to accommodate safely the number of children taking part in any performance; | |
90. | I will make sure that all chaperones and production crew on the show receive instruction on the fire procedures prior to the arrival of the children; |
91. | I will make sure that special effects, including smoke, dry ice, rapid pulsating or flashing lights, are not used in performances involving children; |
92. | I will make sure that children performing in productions are kept under adult supervision at all times, including transfer from stage to dressing room and anywhere else on the premises; |
93. | I will make sure that children are accounted for at all times in case of an evacuation or emergency; |
Conditions offered by applicant:
Prevention of Crime & Disorder Licensing Objective-
.
Public Safety Licensing Objective-
Prevention of Public Nuisance Licensing Objective-
Protection of Children from Harm Licensing Objective-
Children are to be restricted from the immediate bar area when it is open
Annex 3 - Conditions attached after a hearing by the licensing authority
None