ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
1. Waiter/Waitress service shall be available throughout the premises at all times.
2. Substantial food shall be available at all times (Subject to a permitted wind-down period prior to closing).
3. Between 23:00 and 08:00 there will be total sound containment within the premises.
4. Suitable bins must be provided outside the premises at all times it is open for the collection of smoking related rubbish.
5. You must clean the pavement in front of, and adjacent to, the premises of smoking-related litter before and after each period of use.
a) General
Review licence regularly
Liase with PCC and Pub Watch
Deliver regular staff training
b) The Prevention of Crime and Disorder
MC1 All staff shall be fully trained to perform their role. They will also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions.
MC2 Training shall be recorded in documentary form that will be available for inspection at the request at all reasonable times by an authorised officer from a relevant responsible authority. The records will be retained for at least 12months.
MC3 Any person managing or supervising staff in the sale of alcohol or other licensable activity in the absence of the DPS shall be the holder of a personal licence obtained from a nationally recognised body.
MC4 All staff shall be trained in the requirements of the Challenge 21 or 25 policies
MC5 An incident book shall be maintained to record any activity of a violent, criminal or anti-social nature. The record will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident.
MC6 An incident book shall be available for inspection at all reasonable times by an authorised officer of relevant responsible authority. The records will be retained for at least 12 months.
MC7 All staff shall be suitably trained in the operating procedures for refusing service to any person who is drunk or is under-age or appears to be under-age.
MC9 Spirits and all alcoholic beverages on display will be in such a position so as not to be obscured from the constant view of the cashier / staff. (If this is not reasonably practical the Licensing Authority shall be consulted regarding other suitable locations in the premises).
Door supervisors
DS1 All door staff shall be trained in the requirements of the Challenge 25 policies, the identification & recognition of drunks and the correct procedures to be followed when refusing service.
DS2 The number of door supervisors employed shall be in accordance with the following ratio: A minimum of two door supervisors will be employed for the first 100 customers and one door supervisor for every 100 thereafter.
DS3 The Premises Licence Holder and/or Designated Premises Supervisor shall ensure door supervisors are properly briefed and trained to manage queues in a safe and efficient manner.
DS4 Door supervisors will be responsible for ensuring the safe, quiet and orderly dispersal of customers from the premises and the immediate vicinity of the premises.
DS5 The Premises Licence Holder and/or Designated Premises Supervisor shall not allow any drinking vessel, glass or bottle to be taken from the premises.
DS6 All door supervisors will wear high visibility clothing and display their SIA badge in an approved method (i.e. arm display badge holder) at all times.
DS7 The Premises Licence Holder and/or Designated Premises Supervisor shall arrange adequate supervision of any queue, which may form to gain entry to the premises.
DS8 All Door Staff engaged in searching persons (as a condition of entry) shall be fully trained in the use of their powers to do so.
DS9 Where a licensed premises engages in searching persons, the Premises Licence Holder and/or Designated Premises Supervisor shall ensure that door supervisors of both sexes on duty.
DS10 The Premises Licence Holder and/or Designated Premises Supervisor shall ensure that the following details for each door supervisor are contemporaneously entered into a bound register kept for that purpose:
(i) Full name,
(ii) SIA Certificate number and or badge number, or registration number of any accreditation scheme recognised by the Licensing Authority (including expiry date of that registration or accreditation),
(iii) The time they began their duty
(iv) The time they completed their duty.
(v) The full details of any agency through which they have been allocated to work at the premises if appropriate
The register shall be available at all reasonable times to an authorised officer of the Licensing Authority or a police constable.
This register is to be kept at the premises at all times and shall be so maintained as to enable an authorised officer to establish the particulars of all door staff engaged at the premises during the period of not less than 12 months prior to the request.
DS11 Door supervisors shall be on duty at the premises on each trading day from (Insert commencement hours) until (Insert terminal hours).
DS12 All door supervisors shall be capable of communicating instantly with one another by way of radio or other simultaneous system of communication.
DS13 All door supervisors shall wear distinctive clothing or insignia to clearly identify them as door supervisors. Door supervisors on duty at the front door shall wear 'high visibility' clothing (such as a jacket or waistcoat).
CCTV
CTV1 The Premises Licence Holder will ensure that a CCTV system is fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document (www.informationcommissioner.gov.uk <http://www.informationcommissioner.gov.uk>) regarding installation of CCTV is provided at the premises.
CTV2 The CCTV equipment shall be maintained in good working order and continually record when licensable activity takes place and for a period of two hours afterwards.
CTV3 The CCTV system shall cover all areas of the premises to which the public have access including any outside areas.
CTV4 Images shall be retained for a minimum of 31 days
CTV5 The CCTV system shall be capable of downloading images to a recognizable viewable format.
CTV6 At all times the premises are open for business a member of staff shall be present who is capable of operating the CCTV system and downloading images at the request of police or other authorised officer.
CTV7 The CCTV system shall be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises.
CTV8 If the CCTV equipment (Including any mobile units in use at the premises) breaks down the Premises Licence Holder shall ensure the Designated Premises Supervisor, or in his/her absence other responsible person, verbally informs the Licensing Authority and the Police as soon as is reasonably practicable. This information shall be contemporaneously recorded in the incident report register and shall include the time, date and means this was done and to whom the information was reported. Equipment failures shall be repaired or replaced as soon as is reasonably practicable and without undue delay. The Licensing Authority and the Police shall be informed when faults are rectified.
CTV9 Any radio equipment supplied for use by Pubwatch or any other organization will be maintained in good working order. During the times door supervisors are employed any such radio will be held by the door supervisor managing the main entrance to the premises.
Glassware and Bottles
GB2 No customers carrying open or sealed bottles cans or other receptacles containing alcoholic liquor shall be admitted to the premises at any time that the premises are open to the public.
GB6 The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.
GB7 Bottle bins shall be provided at the exit doors and staff shall show due-diligence in preventing bottles and glasses being taken from the premises.
Restrictions on Drinking Areas
RDA1 The Premises Licence Holder and/or Designated Premises Supervisor shall ensure that any outside area included in the licence will be controlled in a safe and effective manner to the same standard operated within the premises building and will pay special attention to the impact that the use of the outside area has on the surrounding community.
Substance misuse
SM1 The Premises Licence Holder or nominated person shall provide a written drugs policy detailing the actions to be undertaken to minimize the opportunity to use or supply illegal substances within the premises.
SM2 The Premises Licence Holder or nominated person shall ensure that records are maintained detailing the time and date of substance misuse training, the people who received the training, and the name of the person delivering the training. The records will be available for inspection by an authorised officer at all reasonable times. The records will be retained for at least 12 months.
SM5 The Premises Licence Holder or nominated person shall ensure that where door staff are used to search patrons as a condition of entry, they will formulate the Drugs Policy in consultation with the Police Licensing Team. The policy will include an agreed procedure for the handling and retention of any article seized.
SM6 The Premises Licence Holder or nominated person shall ensure that where a drug safe is available on the premises to deposit finds there will be a clear policy for the handling and packaging of seized items.
Note: For premises with a suitable ‘Drug Safe’ the items secured within that safe are not considered as being in their possession.
SM8 The Premises Licence Holder or nominated person shall ensure that security arrangements are in place where toilet areas and other similar areas are regularly checked for evidence of drugs. The date and times of all checks to be recorded in a bound book kept for that purpose and be available on request from an authorised officer of the Licensing Authority or a police constable. Signage shall also be placed in the toilet areas advising patrons that checks are conducted regularly.
Radio Links
RL1 The premises shall be incorporated into Plymouth Clubwatch Radio or similar scheme operating within the Plymouth City Council area.
RL2 The radio equipment shall be kept in working order at all times
RL3 The radio equipment shall be made available to and be monitored by the Designated Premises Supervisor or a responsible member of staff at all times that the premises are open to the public.
RL4 Any Police instruction/direction received via the radio scheme shall be complied with whenever given.
RL5 All instances of crime or disorder are reported via the radio equipment by the Designated Premises Supervisor or a responsible member of staff to an agreed police contact point.
RL6 The Premises Licence Holder provide contact details for any security personnel employed at the premises to an authorised officer of the Licensing Authority or a constable upon request.
c) Public Safety
Occupancy/Capacity Limits
OCC1 The maximum number of persons (including staff and entertainers) allowed at the premises shall not exceed 150
OCC2 The maximum number of persons (including staff and entertainers) allowed at the premises shall not exceed 150, subject to the following maximum occupancies:
First Floor 150 persons
OCC3 Seating for no less than 100 persons shall be provided in the premises at all times the premises are in operationfficer of the Licensing Authority or a constable upon request.
OCC4 Seating for no less than 75 % of the maximum occupancy shall be provided in the premises at all times the premises are in operation.
OCC5 The Premises Licence Holder or nominated person shall ensure that the accommodation limit(s) specified on the licence is not exceeded and shall be aware of the number of the people on the premises at all reasonable times. This information shall be immediately available on the request of any responsible authority.
OCC6 The Premises licence holder or nominated person shall take steps to ensure that they have a suitable system in place that accurately indicates the number of customers (including staff and entertainers) on the premises at any time.
Sanitary Facilities
SF1 Adequate sanitary accommodation shall be provided at the premises in accordance with BS 6465-1:2006+A1:2009 Sanitary installations - Code of practice for the design of sanitary facilities and scales of provision of sanitary and associated appliances standard for sanitary provisions or any British Standard replacing or amending the same.
SF2 In respect of temporary sanitary facilities the premises licence holder shall ensure that the servicing of sanitary accommodation takes place on a continuous basis throughout the event to ensure the sanitary accommodation is kept in a usable condition at all times when the public require it to be available.
SF3 In respect of temporary sanitary facilities the premises licence holder shall ensure that the removal of sewage takes place hygienically and appropriately at the conclusion of the event or as required.
Lighting
L21 Management lighting - In the absence of adequate daylight artificial lighting in any area accessible to the public shall be fully operational whilst the public are present.
Air Conditioning
AC22 A suitable and sufficient air circulation and management system must be installed within the premises which will be used during regulated entertainment. (The purpose of this condition is to maintain a reasonable internal air temperature so as to avoid patrons or staff opening windows and doors to ventilate the premises. Additional conditions are in place to prevent the opening of windows and doors to minimise noise breakout).
d) The Provention of Public Nuisance
Noise Precautions
NP1 The performance of live entertainment will be limited to a maximum duration of 5 hours inclusive of any breaks.
NP2 The Premises Licence Holder or nominated person shall ensure that during the final hour of trading appropriate announcements are made or images are projected to remind patrons of the need to leave the premises quietly without causing annoyance, nuisance or disturbance to local residents and to advise patrons of any taxi free-phone or collection arrangements available upon the premises.
NP3 The entrance(s) is fitted with an acoustically installed lobby and the doors with automatic door-closers that are maintained in good working order.
NP4 The performance of live entertainment will be limited to (one /two) session(s) per week.
NP5 The Premises Licence Holder shall nominate a senior member of staff as the person responsible for the management, supervision, compliance with licensing conditions and general control of regulated entertainment. This person will also be responsible for instructing performers on the restrictions and controls to be applied.
NP6 No speakers for amplification of music shall be placed on the outside of the premises or on the outside of any building forming a part of the premises.
NP7 No music or speech shall be relayed via external speakers other than for events where the prior approval of the licensing authority has been obtained.
NP8 Pneumatic tyres (or equivalent) must be fitted to any moving work equipment to be used outside. (e.g. Bins, trolleys, roll cages etc)
Management and Monitoring Controls
MMC2 The Premises Licence Holder or nominated person shall ensure that suitable signage is positioned at exits to request the co-operation of patrons, in particular to make as little noise as possible when leaving the premises. Patrons will be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity quickly and quietly.
MMC3 The Premises Licence Holder or nominated person shall ensure that announcements are made (in a responsible manner) prior to closing requesting patron’s co-operation in leaving the premises and vicinity as quickly and as quietly as possible.
MMC4 The Premises Licence Holder or nominated person shall ensure that exits are manned at closing time to ensure that patrons leave the area quickly and as quietly as possible.
MMC5 The Premises Licence Holder or nominated person shall ensure sufficient door staff are positioned at the exits from the premises to remind departing patrons of the need to avoid causing nuisance or disturbance to local residents.
MMC6 The Premises Licence Holder or nominated person provides unhindered use of a telephone on the premises for use in an emergency, while licensable activity entertainment is taking place. In premises that do not have the benefit of a permanent phone installation then a mobile phone must be available.
MMC7 The Premises Licence Holder or nominated person shall ensure a telephone number is made available and displayed in prominent locations in (insert location) for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons or activities associated with the premises. The telephone number will be a direct number to the management who are in control during opening hours. A record will be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call. Records will be made available for inspection either by any relevant responsible authority throughout the trading hours of the premises.
MMC8 The Premises Licence Holder or nominated person shall be available at all times during regulated entertainment and who is responsible for cooperating and liaising with any relevant responsible authority.
MMC9 The Premises Licence Holder or nominated person shall carry out observations in the vicinity of the properties at (insert location), on at least (insert time period e.g. hourly) intervals between (insert start time) and (insert finish time) whilst the Premises Licence is being exercised in order to establish whether there is noise breakout from the premises. If the observation reveals noise breakout at a level likely to cause disturbance to the occupants of properties in the vicinity then the volume of music shall be reduced to a level that does not cause disturbance. A record of such observations shall be kept in a log for that purpose, such a log shall be completed immediately after the observation detailing the time, location and duration of the observation, the level of noise breakout and any action taken to reduce noise breakout. Such log must be made available at all times upon request to any relevant responsible authority
MMC10 The Premises Licence Holder or nominated person shall carry out observations in the vicinity of the properties at [insert], on at least (insert) intervals between (insert) and (insert) whilst live music, karaoke or DJ’s playing recorded music is taking place to establish whether there is a noise breakout from the premises.
(i) If the observation reveals noise breakout at a level likely to cause disturbance to the occupants of properties in the vicinity then the volume of music shall be reduced to a level that does not cause disturbance.
(ii) A record of such observations shall be kept in a log for that purpose, such a log shall be completed immediately after the observation detailing the time, location and duration of the observation, the level of noise break out and any action taken to reduce noise breakout.
(iii) Such records must to be made available at all times upon request to a police officer or an officer of the local authority.
Noise Limiting Devices
NL6 The Premises Licence Holder or nominated person shall control the sound levels of the music/entertainment.
Noise containment
NC1 Between (08:00 hrs and closing 00:00), to prevent entertainment being intrusive, noise emanating from the premises, so far as it is reasonably practical, will not be distinguishable above other background noise one metre from the façade of the nearest residential property.
NC3 Noise from the licensed premises should not be audible outside the premises, so far as it is reasonably practical, at any time.
NC4 To prevent entertainment being intrusive, noise emanating from the premises, so far as it is reasonably practical, will not be audible above other background noise one metre from the façade of the nearest residential property
Sound Insulation
SI1 All doors and windows shall be kept shut during regulated entertainment.
SI2 All doors and windows shall be maintained in good order and where appropriate acoustically sealed to minimize noise breakout.
SI3 Staff shall check prior to the commencement of regulated entertainment, and periodically during regulated entertainment that all windows and doors are shut.
SI6 The Premises Licence Holder or nominated person shall ensure that self-closing doors are not wedged open during regulated entertainment.
SI9 All internal speakers shall be attached to independent wall linings and not to the ceiling.
SI10 All speakers shall be mounted on speaker brackets that incorporate isolating rubber mounts.
SI11 Between 08:00 hours and 00:00 hours - Noise emanating from the premises shall not be heard above background levels 1 metre from the facade of the nearest residential property.
SI12 A detailed scheme of sound insulation works shall be submitted to and approved in writing by the Licensing Authority. The approved details shall be implemented in full prior to the commencement of the premises licence.
External Area Controls
EAC1 The Premises Licence Holder or nominated person shall erect and maintain suitable and sufficient conspicuous signage at the entrance to the premises advising patrons that causing any disturbance or disorder in a queue will result in admission being refused.
EAC2 The Premises Licence Holder or nominated person shall arrange supervision of any queue which may form to gain entry to the premises.
EAC3 The Premises Licence Holder or nominated person shall erect and maintain, in a prominent position at every exit a clear, conspicuous and legible notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents.
EAC4 The designated smoking area shall be for ‘smoking only’ and the premises licence holder or nominated person will take reasonable steps to prevent the consumption of any drinks in this area.
EAC5 The Premises Licence Holder or nominated person shall control levels of noise in the outside area and advise customers of the need to respect local residents where appropriate. Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises.
EAC6 A designated, de-lineated and bordered smoking area will be allocated outside the premises.
EAC7 Suitable receptacles will be provided for cigarette litter within the designated smoking area.
EAC8 There shall be no consumption of beverages purchased from the premises in the designated smoking area.
EAC11 Any outdoor areas to (the front/rear of) the premises must not be used by customers or staff after 00:00 hours.
EAC17 The Premises Licence Holder or nominated person shall ensure that suitable ash trays or similar vessels are available for smoking litter.
Delivery/Collection/Storage
DCS1 The handling of kegs, bottles cleaning equipment, bottle disposal and similar items shall not take place before 08:00 hours or after 00:00 hours when the noise generated could cause a nuisance particularly outside the buildings.
DCS2 The delivery of goods is restricted to between the hours of 08:00 hours and 00:00 hours.
Litter
LIT1 All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting and lockable lid.
LIT2 The ‘collection and removal of litter’ shall be taken to include the satisfactory disposal of spilled food and similar materials so as to leave the footway in a clean, safe and wholesome condition.
Late Night Refreshments/Take-aways/Restaurants/Food Provision
LNR1 The premises shall only operate as a restaurant where;
(i) Customers are shown to their table.
(ii) Substantial table meals are prepared on the premises and are served and consumed at the table using non-disposable crockery.
(iii) No take-away service of food or drink for immediate consumption is provided.
(iv) Intoxicating liquor is only sold, supplied or consumed on the premises to persons who are bona fide customers supplied with substantial table meals.
LNR2 Waiter/Waitress service shall be available throughout the premises at all times.
LNR3 Substantial food shall be available at all times (Subject to a permitted wind-down period prior to closing).
LNR4 Consumption of alcohol in the bar area is restricted to customers waiting to be escorted to a table.
LNR7 The licence holder shall ensure that sufficient measures are in place to remove litter or waste arising from their customers and to prevent such litter from accumulating in the immediate vicinity of their premises. Where necessary, the premises licence holder shall ensure that adequate measures are in place to provide customers with sufficient receptacles for the depositing of waste materials such as food wrappings, drinks containers, smoking related litter etc.
LNR8 The premises licence holder shall ensure that adequate measures are in place to provide customers witha sufficient number of suitable receptacles are located in appropriate locations for the depositing of waste materials such as food wrappings, drinks containers, smoking related litter, etc. by customers.
LNR9 The Premises Licence Holder, Designated Premises Supervisor or nominated person, shall ensure that measures shall be put in place to remove litter or waste arising from customers and to prevent such litter from accumulating in the immediate vicinity of the premises or neighbouring premises.
LNR10 The premises licence holder shall ensure that all packaging provided with takeaway food is marked in some way as to show its point of origin.
LNR11 Where a mobile unit is regularly removed from site, the premises licence holder shall ensure that site is properly cleaned and that any accumulations of surface grease are properly cleansed and removed from the site.
e) The protection of Children from Harm
Proof of Age Scheme
POA1 The Premises Licence Holder or Designated Premises Supervisor shall ensure that all bar staff, supervisors and managers are trained in the legality and procedure of alcohol sales, using the SWERCOTS on-line training pack or equivalent, prior to undertaking the sale of alcohol and then at least every six months. Training shall be signed and documented and training records will be kept on the premises and be made available to an enforcement officer on request. The documentation relating to training should extend back to a period of three years and should specify the time, date and details of the persons both providing the training and receiving the training.
POA2 The Premises Licence Holder or Designated Premises Supervisor shall ensure a sales refusal register is maintained to include details of all alcohol sales refused and the reason for refusal. The refusals register should be made available to an authorized enforcement officer on request.
POA3 Unaccompanied children (under 18) will not be allowed upon the premises.
POA4 Accompanied children (under 18) will only be allowed to remain on the premises between the hours of 08:00 hrs and 21:00 hrs
POA6 The Premises Licence Holder or Designated Premises Supervisor shall have a written age verification policy in relation to the sale or supply of alcohol. This policy will include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18s and will specify a Challenge 25 proof of age requirement before sales of alcohol are made as approved by the Plymouth City Council Trading Standards responsible authority.
POA7 The Licence Holder or Designated Premises Supervisor shall ensure that new bar staff, supervisors and managers receive induction in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol. Training shall be signed and documented and training records be made available to an enforcement officer on request.