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 carried over from Justices’ Licence:
The sale of intoxicants shall in respect of the premises known as ‘the wine bar’ be unrestricted.
Conditions consistent with the Operating Schedule Toolkit
CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER
Bottles and Glasses
1. I will ensure that no drinks are available for consumption from glass bottles
2. Where glass bottles are used, they will be retained or disposed of on the premises.
Restrictions on Drinking Areas
3. I will ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the operating schedule.
Capacity Limits
4. I will ensure that the maximum occupancy of the licensed premises is restricted at any one time to 85
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.
Prohibited Substances
6. 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”)
7. 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
8. 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)
9. I will display any restrictions on the admittance of individuals according to age (e.g. Children) on or immediately outside the premises.
10. I will display any conditions of entry to the premises in the vicinity of any entrance to the premises.
Crime Prevention Schemes
11. I shall participate in the local pubwatch/nightsafe scheme operating in the Borough/District
Lighting
12. 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
13. 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.
14. I will make sure that where chairs and tables are provided, internal gangways are kept unobstructed.
15. 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
16. 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.
17. I will make sure that any removable security fastenings are removed whenever the premises are open to the public or occupied by staff.
18. 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).
19. I will make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut.
20. I will make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous.
Safety Checks
21. 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
22. I will make sure that hangings, curtains and temporary decorations are maintained in a flame-retardant condition.
23. 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.
24. 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.
25. I will make sure that Temporary decorations are not used without prior notification to the licensing authority/fire authority.
Fire Action Notices
26. 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
27. 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
28. 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
29. Access for emergency vehicles is kept clear and free from obstruction
Disabled People
30. 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
31. I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises
32. I will make sure that at least 1 trained first aider(s) will be on duty when the public are present
33. If more than one first aider is present, I will make sure that their respective duties are clearly defined
Lighting
34. In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational;
35. I will make sure that Fire safety signs are adequately illuminated;
36. I will not alter Emergency lighting without prior notification to the Licensing Authority
37. I will make sure that Emergency lighting batteries are fully charged before admission of the public;
38. 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
39. 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).
40. I will make sure that any temporary electrical wiring and distribution systems comply with the recommendations of BS 7671 or where applicable BS 7909.
41. 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
42. 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
43. 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
44. 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
45. I will make free drinking water available at all times the premises is open to the public;
46. I will provide sufficient seating to accommodate (enter proportion here …) of the maximum capacity of the premises.
47. 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).
Gangways
48. I will make sure that sitting on floors is not permitted except where authorised in the premises licence;
49. I will make sure that waiting or standing is not permitted except in areas designated in the premises licence;
50. 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;
CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)
51. I will make sure that where tables and chairs are provided, clear gangways to exits are maintained;
52. I will not use portable heating appliances on the premises;
53. I will not use any appliances utilising cylinders or containers of gas on the premises;
54. 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
55. I will make sure that Noise or vibration is not noticable at the façade of any noise sensitive premises;
56. I will make sure that doors and windows are kept closed (except for ingress and egress) to reduce noise nuisance from the premises;
57. 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;
58. I will make sure that during the final hour of opening the music is discernibly quieter;
59. I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.
60. I will ensure that any ventilation system has suitable sound attenuation.
61. 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)
Noxious smells
62. 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.
63. Ensure that receptacles for waste are emptied regularly to minimise nuisance smells.
Light pollution
64. 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
65. I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site
66. I will make sure that receptacles for refuse storage are maintained in a clean condition.
67. I will make sure litter is regularly cleared from the vicinity of the premises
CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM
General
68. 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.
69. A crime prevention policy agreed by the police and local authority will be in place;
70. 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.
Conditions offered by applicant:
Prevention of Crime & Disorder Licensing Objective-
• The only ID that will be accepted as proof of age will be Passports, Driving Licences, and any ID accredited to PASS
• All staff members will be fully trained in all aspects of the Licensing laws
Public Safety Licensing Objective-
• The licensee will comply with Health & Safety and Fire Regulations
Prevention of Public Nuisance Licensing Objective-
• The licensee will ensure that there will be no loud music
• The licensee will ensure that customers leave the premises quietly
Protection of Children from Harm Licensing Objective-
• No adult entertainment will be permitted within the premises
Annex 3 - Conditions attached after a hearing by the licensing authority
1. The premises may open to the public between the following hours:
Sunday - Wednesday: 10 am - 1am the following morning
Thursday - Saturday: 10 am - 1.30 am the following morning
2. The supply of alcohol may take place every day until 30 minutes before the premises must close to the public.
3. All other licensable activities requested by the applicant must cease 30 minutes before the premises must close to the public.
4. The holder of the premises licence shall use her 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 her 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.
5. No alcohol shall be consumed in the area marked on the plan as “restaurant” unless the alcohol is accompanied by a table meal.
6. Admission to the premises shall not be allowed after 11.30 pm on Sundays - Wednesdays; or after 12.00 am Thursdays - Saturdays.
7. The Sub-Committee also impose all those conditions offered by the Applicant in her application form and Operating Schedule Toolkit.