Annex 2 - Conditions consistent with the Operating Schedule
Embedded Restrictions - Licensing Act 1964
On Licences
1. Permitted Hours
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
a) On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10 a.m. to midnight.
b) On Sundays, other than Christmas Day or New Year’s Eve, noon to 11.30 p.m.
c) On Good Friday, noon to 10.30 p.m.
d) On Christmas Day, noon to 10.30 p.m.
e) On New Year’s Eve from the end of permitted hours on New Years Eve to the start of
permitted hours on the following day.
Restrictions
The above restrictions do not prohibit:
a) during the first twenty minutes after the above hours the consumption of the
alcohol on the premises;
b) during the first twenty minutes after the above hours, the taking of the alcohol
from the premises unless the alcohol is supplied or taken in an open vessel;
c) 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;
d) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
e) the ordering of alcohol to be consumed off the premises, or the despatch by
the vendor of the alcohol so ordered;
f) the sale of alcohol to a trader or club for the purposes of the trade or club;
g) 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;
h) the taking of alcohol from the premises by a person residing there; or
i) 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
j) 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.
2. 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
3. Children in Bar (No Children’s Certificate)-
No person under fourteen shall be in the bar of the licensed premises during the
permitted hours unless one of the following applies:
a) He is the child of the holder of the premises licence.
b) He resides in the premises, but is not employed there.
c) He is in the bar solely for the purpose of passing to or from some part of the
premises which is not a bar and to or from which there is no other convenient
means of access or egress.
d) The bar is in railway refreshment rooms or other premises constructed, fitted
and intended to be used bona fide for any purpose to which the holding of the
licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the
consumption of alcohol. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to
persons as an ancillary to their table meals.
Source Section 168,171 and 201 Licensing Act 1964
Conditions offered at variation stage
Conditions consistent with the Operating Schedule Toolkit
CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER
Bottles and Glasses
1. I will ensure that drinks are only available for consumption from plastic vessels or toughened glass.
2. Where glass bottles are used, they will be retained or disposed of on the premises.
3. No customers will be admitted, or permitted to leave when carrying open or sealed bottles or glasses
Restrictions on Drinking Areas
4. 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
5. 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
6. 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)
Litter and Waste
7. 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
8. I will ensure that lighting is provided outside the premises (and in my private car park) during the hours of darkness when any licensable activity takes place on the premises.
CONDITIONS RELATING TO PUBLIC SAFETY
Escape Routes
9. 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.
10. I will make sure that where chairs and tables are provided, internal gangways are kept unobstructed.
11. 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
12. 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.
13. 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).
14. I will make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut.
15. I will make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous.
Curtains, Hangings, Decorations and Upholstery
16. I will make sure that hangings, curtains and temporary decorations are maintained in a flame-retardant condition.
17. 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.
18. 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.
Outbreaks of Fire
19. 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
20. 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
21. Access for emergency vehicles is kept clear and free from obstruction
Disabled People
22. 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
23. I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises
24. I will make sure that at least 1 trained first aider will be on duty when the public are present
25. If more than one first aider is present, I will make sure that their respective duties are clearly defined
Lighting
26. In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational;
27. I will make sure that Fire safety signs are adequately illuminated;
28. I will not alter Emergency lighting without prior notification to the Licensing Authority
29. I will make sure that Emergency lighting batteries are fully charged before admission of the public;
30. 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;
Safety Certificates
31. 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
32. 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
33. 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)
General
34. I will make free drinking water available at all times the premises is open to the public;
35. I will provide a chill out which is cooler and quieter than the dancing areas;
36. I will provide sufficient seating to accommodate 100 of the maximum capacity of the premises.
Gangways
37. I will make sure that sitting on floors is not permitted except where authorised in the premises licence;
38. I will make sure that waiting or standing is not permitted except in areas designated in the premises licence;
39. I will make sure that in no circumstances is anyone permitted to:-
(i) sit in any gangway;
(ii) stand or sit in front of an exit; or
(iii) stand or sit on any staircase including any landings;
Balcony Fronts
40. I will make sure that clothing or other objects are not placed over balcony rails or upon balcony fronts.
Scenery
41. I shall make sure that all scenery is maintained fire retardant
CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)
42. I will make sure that where tables and chairs are provided, clear gangways to exits are maintained;
43. I will not use portable heating appliances on the premises;
44. I will not use any appliances utilising cylinders or containers of gas on the premises;
45. 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
46. I will make sure that Noise or vibration is not noticable at the façade of any noise sensitive premises;
47. I will make sure that doors and windows are kept closed (except for ingress and egress) to reduce noise nuisance from the premises;
48. 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; if required
49. 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;
50. I will make sure that during the final hour of opening the music is discernibly quieter;
51. I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.
52. I will ensure that any ventilation system has suitable sound attenuation.
53. 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)
54. 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
55. 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.
56. Ensure that receptacles for waste are emptied regularly to minimise nuisance smells.
Light pollution
57. 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
58. I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site
59. I will make sure that receptacles for refuse storage are maintained in a clean condition.
60. I will make sure litter is regularly cleared from the vicinity of the premises
61. 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
CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM
General
62. A crime prevention policy agreed by the police and local authority will be in place;
63. I will implement a proof of age policy agreed by the police and local authority;
Access for children to licensed premises generally
64. I will require that children under the age of 12 are accompanied by adults after 11pm in the evening.