ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
Personal Licence Holder. Whenever the premises are open for the sale or supply of alcohol there will always be a Personal Licence Holder on the premises to authorise the sale of alcohol.
Due regard to the statement of licensing policy. The Licence Holder and Designated Premises Supervisor named within the licence will have due regard to the suggestions for the promotion of the licensing objectives contained within the Plymouth City Council Licensing Policy Statement and have due regard to Police advice on the implementation into working practices of any of the suggestions contained within the said Policy.
Maximum occupancy. The maximum occupancy figures for inside the premises will be 900 in agreement with the licensing authority and Devon Fire and Rescue Service based on fire safety issues, available floor space and the sanitary accommodation available. (Such number to be inclusive of any staff, performers and competitors on the premises).
Ground Floor - 700 persons
First Floor - 200 persons
An appropriate method for checking the number of people entering and leaving the premises will be employed to ensure that steps are taken so that, once the maximum occupancy is reached, no further persons are admitted. The method employed is there will be door staff at the entrance and exit to the premises on the ground floor and also on the stairway leading to the first floor who will count the occupants by the use of ‘mechanical clickers’. Alternatively an electronic counting device will be used.
Responsibility of Licensee.
The Licensee is personally responsible for the management of the premises, including the actions of any agency staff, although he may, on occasions when he is not present, discharge that responsibility through a nominated person.
Log Books
The Licensee will keep on the premises log books, in a format prescribed by the Council, which are
(a) kept in a safe and secure place;
(b) accurate and up to date;
(c) bound and consecutively numbered; and
(d) available for inspection and kept for a minimum of 12 months since the date of last entry or for such longer period as the Council may require.
Three separate log books shall be kept:
(a) a Licensable Activities Log Book, for entries in respect of licensable activities by outside promoters, in which shall be recorded the date any entertainment takes place at the licensed premises, the name, address and telephone number of any person who promotes or organises the activity, and the date of the booking of the activity.
(b) a Fire Log Book, in which shall be recorded details of (i) staff training in respect of fire precautions and fire evacuation procedures; (ii) inspection of all exits and exit routes, before premises are used on any day for licensable activities; (iii) fire drills and any outbreaks of fire; and (iv) the testing of fire alarms, fire fighting equipment and emergency lighting, together in all instances with the signature and position of the person making the entry.
(c) a Door Supervisor Log Book, which shall comprise two distinct parts:
(i) a part recording the name, address, telephone number and S.I.A. Registration number of any door supervisor employed in respect of the premises, the name, address and telephone number of any employer of the supervisor;
(ii) a part recording the name and S.I.A. Registration number of any door supervisor, dates and times of commencement and finishing of work, signature of the door supervisor in respect of both, and details of any incident in which the door supervisor is involved, including the calling of the police and any police action taken.
Use of Premises Written Consent
Unless specifically covered by the licence, the Licensee shall not allow any of the following to happen without the written consent of the Licensing Authority:
(a) any exhibition, demonstration or performance of hypnotism on any person;
(b) any striptease, lap/table dancing or similar performance given on the premises;
(c) any licensable activity provided at the premises at hours or on days other than those permitted by the licence;
(d) any licensable activity not usually carried out on the premises
(e) any licensable activity which involves special risks, including foam parties;
(f) any use on the premises of portable heating or cooking appliances;
(g) any keeping, storage or use on the premises of combustible or inflammable materials or substances; and
(h) any permanent or temporary structural alteration to the premises.
Entry and Inspection
The police, the fire authority and authorised officers of the Council shall be allowed to enter the premises at all reasonable times in order for them to ensure compliance with these conditions.
A copy of the Premises Licence shall be displayed in a conspicuous position on the premises and be available at all times for inspection by police, the fire authority and authorised officers of the Council.
All log books kept on the premises shall be available for inspection at all times by the police, the fire authority and authorised officers of the Council.
The Licensee and any other person present on the premises shall give all reasonable assistance to the police, the fire authority and authorised officers of the Council to enable them to discharge any of their functions in relation to entry and inspection, and provide reasonable assistance to the ambulance service as required.
All drinks will be sold or supplied either in bottles of dispensed into toughened glass drinking vessels.
CCTV. Full CCTV will be in operation covering all licensed areas including entrances, exits and areas where searching of customers takes place.
The recordings will be retained for a minimum of 28 days.
The Police Licensing Department will be informed immediately if the CCTV is not operating to full effectiveness.
The lighting at the premises will be such that it optimizes the recorded image.
A copy of the CCTV recording will be made available to the Police upon request.
DOOR SUPERVISORS
Door supervisors will be employed whilst the premises are open. The number working at the premises will be not less than two supervisors for the first one hundred patrons and one for every one hundred patrons thereafter.
Door Supervisors will adhere to the following:-
1) The selected searching of customers entering the premises for drugs and weapons will be undertaken.
2) The queuing of customers entering the premises will be directly monitored to ensure orderly behaviour.
3) Patrons exiting the premises will be monitored and when necessary will be asked to refrain from disorderly and noisy conduct.
4) Surveillance of the premises floor particularly known trouble ‘hot spots’ will be undertaken when other duties allow.
5) All incidents of violence within the premises will be reported to the Police at the earliest opportunity
6) A proof of age policy agreed with the Police Licensing Department will be strictly adhered to.
7) The Police will be afforded all assistance possible in the course of criminal investigations.
Winding down period - During the last 15 minutes of licensable activities the tempo and volume of live or recorded music will be reduced to provide a winding down period.
The Licensee shall not cause or permit any door supervisor to be employed in respect of the premises except with that person being licensed by the Security Industry Authority (S.I.A.), and the Licensee shall have absolute responsibility for ensuring that no-one is permitted to act as a door supervisor in respect of the premises without being such licensed.
The Licensee shall ensure that all door supervisors, at all times when they are on duty, wear their Security Industry Authority identity badge, conspicuously displayed.
The Licensee shall maintain, in a format prescribed by the Council, an accurate and up-to-date log book in respect of door supervisors employed in respect of the premises, in which any incidents involving door supervisors are recorded.
The Licensee shall ensure that every door supervisor signs and dates an undertaking that, whilst discharging their duties, they will not be in possession of or use any weapon, controlled drug or alcohol. The Licensee shall take reasonable steps to ensure door supervisors comply with this undertaking and shall notify the Licensing Authority of any breaches of undertaking.
No customers carrying open or sealed bottles or gasses will be admitted to the premises at any time.
No customers will be permitted to take open containers of alcoholic or soft drinks from the premises and all bottles and glasses will be removed from public areas as soon as they are finished with or empty.
Drinks promotions - irresponsible drinks promotions will not be permitted.
Customers will be able to purchase alcoholic drinks in the following minimum measures without the premises upselling:-
Spirits - gin, rum, whisky and vodka in 25ml or 35ml or multiples thereof.
Beer and cider, half a pint or multiples of half a pint.
Wine 125mm or 175ml or multiples thereof.
Drugs - an anti drug policy agreed by the police and local authority will be in force and a secure facility to store controlled drugs will be available.
A detailed “Customer code of conduct” poster will be displayed warning customers that if they act in an inappropriate manner, they could be barred from all licensed premises in the vicinity.
The premises will be a member of Pub-watch and a representative will attend Pub-watch meetings and participate in all initiatives.
A policy will be in force for the management of large groups, i.e. hen and stag parties. The group will be required to nominate a responsible person to liaise with staff.
A secure area for customer’s personal belongings will be made available.
An incident book and record details of all instances of public disorder.
Sanitation
Adequate and separate toilet accommodation shall be
(a) maintained for both sexes and provide disabled access, namely:-
Female wc’s 11; wash h/b 9; disables wc’c 1; male wc’s 8; urinals 3 trouhgs; whb’s 6. and be
(b) free of charge,
(c) kept clean and in proper working order, and
(d) inspected at hourly intervals whilst the premises are open to the public.
Suitable washing facilities in toilet accommodation shall be provided, including provision and maintenance of an adequate supply of hot water, toilet paper in holders or dispensers, soap and suitable hand drying facilities.
Toilets to be checked hourly, cleaned and cleared of bottles and glasses.
Workplace Regulations - (for premises where persons are employed).
The fire safety measures with which the premises are provided , will be maintained in good working order, and their adequacy will be determined on a regular basis, by the carrying out of fire risk assessment, as required by, and in accordance with the Fire Precautions (Workplace) Regulations. We understand that the safety of occupants is also influenced by numbers of persons present, their disposition and the activities taking place, and therefore undertake to maintain a safe occupancy level.
Fire safety (checklist) -
• All exit doors will be easily openable without the use of a key, card, code or similar means and will be available for egress while the public are on the premises.
• If fitted with panic bolts, be conspicuously marked “PUSH BAR TO OPEN”, and such bolts shall have been tested and be in good working order, and shall open the door with horizontal pressure on the crossbar.
• Means of escape will be maintained unobstructed, immediately available and clearly identifiable.
• Exit doors will be regularly checked to ensure they function satisfactorily. records of these checks will be kept and produced on request.
• Any removable security fastenings will be removed whenever the premises are open to the public or staff.
• All gangways, exitways and treads of steps or stairways will be maintained with non-slippery and even surfaces, edges of steps and stairways will be conspicuously marked.
• All floor coverings will be secured and maintained so that they will not ruck. Mats will be fitted into matwells so as to be flush with the floor surface.
• Hangings, curtains and temporary decorations will be maintained in a flame retardant condition.
• Upholstered seating will be fire retardant and compliant with current fire safety regulations.
• Curtains, hangings and temporary decorations will not obstruct exits, fire safety signs or fire-fighting equipment.
• Notices detailing the actions to be taken in the event of fire or other emergency will be prominently displayed and maintained in good condition.
• Access will be provided for emergency vehicles and this access will be kept clear and free from obstruction.
• An evacuation policy will be in place that is to the satisfaction of the fire authority. All staff members will be trained in the evacuation policy.
• Exit doors will open outwards (or will be secured in the open position).
Fire Safety
Procedure in event of fire
The Licensee shall be responsible for staff training in respect of fire precautions and fire and evacuation procedures, and a record of staff training shall be kept in the Fire Log Book. Training shall include:
(a) the action to be taken on discovering a fire and on hearing the fire alarm;
(b) raising the alarm and calling the fire service;
(c) the location and use of fire fighting equipment;
(d) knowledge of escape routes; and
(e) evacuation of the building to an assembly point at a place of safety.
Notices shall be displayed at suitable positions on the premises stating in concise terms the action to be taken on discovering a fire and on hearing the fire alarm.
External access provided for emergency vehicles shall, in respect of areas over which the Licensee has control, be kept free from obstruction at all times.
Any outbreaks of fire, however slight, must be reported immediately to the fire service by dialling 999 and details recorded in the Fire Log Book.
All exits and exit routes shall be clearly indicated by notices and kept free from obstruction at all times.
Fire hazards and fire precautions
Stoves, open fires and heating appliances shall be effectively fixed and (where appropriate) guarded, and portable heating or cooking appliances shall not be used except with the consent of the Licensing Authority.
No combustible or flammable materials or substances shall be kept or stored on the premises except with the consent of the Licensing Authority.
Any fire alarm and fire fighting equipment, including detectors and sprinklers, provided shall be maintained in efficient working order and tested to the satisfaction of the Licensing Authority and the fire authority, with details of tests recorded in the Fire Log Book.
Fire drills and staff training must be conducted to the satisfaction of the Fire Authority and details recorded in the Fire Log Book by the person conducting the drill.
A system of emergency lighting shall be provided and shall illuminate all escape routes. The system shall operate automatically on failure of the normal lighting or be on at all times, and shall be maintained in efficient working order and tested at specified intervals to the satisfaction of the Licensing Authority and the fire authority, with details of tests recorded in the Fire Log Book.
Electrical system - the electrical system, including portable appliances will be inspected and tested annually by a competent person to ensure safety.
Where temporary electrical equipment is to be used, a suitable circuit breaker device will be installed to cover this equipment. The circuit breaker should operate at a current not exceeding 30 ma and should comply with BS4293. The device will be tested monthly and tests will be recorded. Temporary electrical wiring and distribution systems will not be installed unless inspected by a suitably qualified electrician. Temporary electrical wiring and distribution systems will comply with BS7671 or where applicable BS7909.
Gas system - The gas system including appliances will be inspected and tested by a Corgi Registered gas engineer annually and a satisfactory gas safety certificate will be obtained, all safety certificates and inspection reports will be kept on site and made available for inspection by officers of relevant statutory bodies.
Free drinking water will be available at all times.
Disabled people - When disabled people are present, adequate arrangements will exist to enable their safe evacuation in the event of an emergency.
Air management - The air management system within the premises will be used during entertainment, as there will be insufficient ventilation when all windows and doors are closed, to prevent noise break out.
First aid - At all times there will be adequate first aid arrangements. Arrangements for first aid provision include a first aid box an adequate and appropriate supply of first aid equipment and materials will be available for the use of patrons. Suitable protective equipment will be provided to deal with hypodermic needles, blood spillages and other body fluids. Procedures will be in place to ensure that body fluids are dealt with in a safe manner to avoid the risk of communicable disease.
Glazing - Where glazing forms part of windows, walls or partitions below waist height it will be constructed of safety materials. Where glazing forms part of a door or side panel at below shoulder height it will be constructed of safety materials.
Addressing patrons - A means of addressing patrons during operating hours, which can be heard above entertainment, or a means of interrupting the entertainment to make important safety announcements will be available.
Noise -
Noise - the patrons / audience will not be exposed to an event leq 107db(a) and the peak sound pressure level should not exceed 140 db. where the event leq is likely to exceed 96 db(a).
Noise or vibration will not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.
All external doors and windows will be kept shut, other than for access and egress, in all rooms when events involving amplified music or speech or other entertainment likely to give rise to noise are taking place.
Sufficient ventilation will be provided so that doors and windows can be kept closed.
Suitable signage at all relevant exits requesting that patrons make as little noise as possible when leaving the premises shall be displayed.
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.
An announcement will be made prior to closing requesting patrons’ co-operation in leaving the premises and vicinity as quietly and quickly as possible.
Staff will check prior to entertainment, and periodically during the entertainment, that all windows and doors are shut.
A senior member of staff (manager) will assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/ entertainment.
The volume of amplified sound used in connection with the entertainment shall at all times be under the control of the management.
General Safety
Overcrowding in any part of the premises so as to interfere with the safety or comfort of the public shall not be permitted.
The Licensee shall ensure that a notice, in a format prescribed by the Licensing Act 2003, is displayed in a prominent position so as to be visible and easily understood at the entrance to the premises, indicating the maximum number of persons that in total may be present on the premises. Where the Licensing Authority has specified numbers for particular parts of the premises, the Licensee shall ensure that notices, in a format prescribed by the Licensing Act 2003, are displayed at the entrance to those parts, indicating the maximum number of persons that may be present there at any one time.
The premises will have a valid certificate of examination (where appropriate) which shall be retained on the premises and produced on request to an authorised officer of the Local Authority, Licensing Authority or the Devon Fire & Rescue Service:
(a) boilers;
(b) ceilings;
(c) electrical installations;
(d) emergency lighting; and
(e) fire alarms, extinguishers and sprinklers.
Prior to any licensable activities taking place at the premises, the Licensee shall take out a reasonable level of public liability insurance and shall display the certificate in a conspicuous position on the premises and to produce the certificate upon request to an authorised officer of the Local Authority, Licensing Authority or Devon & Cornwall Constabulary.
Any passenger-lift installation or escalator shall be maintained and inspected at regular intervals by a competent lift engineer and a certificate by such engineer indicating that the whole installation is in a safe and efficient working order shall be retained on the premises and shall be produced upon request to an authorised officer of the Local Authority, Licensing Authority or Devon Fire & rescue Service.
Noise from plant and machinery
Provision of mechanical ventilation and air conditioning systems will not allow noise breakout from the premises or cause a nuisance by its operation. Where plant and machinery has the potential to cause a noise problem it will be positioned in such a way that the building structure provides as much screening as possible for nearby noise-sensitive properties. Alternatively, or additionally, control measures such as acoustic enclosures, acoustic louvers, silencers, or additional acoustic screening will be considered.
Regular maintenance will be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.
Regard will be had to BS4142 rating industrial noise affecting mixed residential and industrial areas and the institute of acoustic good practice guide on the control of noise from pubs and clubs.
Delivery/collection/storage activities-
The delivery of goods is restricted to the following times between 8 am and 5 pm
The handling of beer kegs, bottles and other similar items will not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside buildings.
The movement of bins and rubbish outside the premises will be kept to a minimum after 10pm.
Control of light pollution -
The use of lighting in external areas will cease at dusk except for health and safety or security reasons.
Flashing or bright lights will only be placed in positions that do not cause a nuisance to neighbours or passing traffic.
Conduct of Premises
The Licensee or nominated person shall ensure that any noise on or emanating from the premises shall not
(a) cause any injury to the health of persons present on the premises; or
(b) cause annoyance or nuisance to occupiers of premises in the vicinity.
The Licensee or nominated person shall take all reasonable steps to prevent annoyance or nuisance by persons leaving the premises and shall undertake such monitoring, if any, in this respect as may be required by the Council.
The Licensee shall ensure that no unlawful activity in connection with or arising out of the use of the premises as permitted by the licence shall take place on the premises.
No one under the age of 18yrs to be admitted to the premises.
Signs will be displayed adjacent to AWP machines indicating that ‘No person under 18 years of age is allowed to play the machines’.
Conditions that have been agreed with The Environmental Health Authority
Public Nuisance
Suitable signage requesting patrons to make as little noise as possible while using this area shall be placed at the entrances and exits to the external smoking area
Doors providing access to external smoking areas shall be fitted with self-closures, and shall be maintained in good working order.
After 23.00hrs
Noise emanating from the premises will not be clearly audible at the nearest residential property.
From midnight until close, at least one member of door staff will be located on the roof/smoking area to request patrons keep the noise down, and will ensure that doors giving access to the smoking area are kept shut.
Conditions agreed with Trading Standards Authority
Premises to implement a ‘Think 25’ Policy. All customers who appear under 25 years of age shall be asked to produce photo ID to purchase alcohol Appropriate signage shall be positioned in the premises alerting customers to this policy.
All staff should be trained in the legality and procedure of alcohol sales, using the SWERCOTS training pack or equivalent, prior to undertaking the sale of alcohol and then at least every six months. Training should be signed and documented and documentation should be made available to an enforcement officer on request.
A refusals register shall be kept and shall include details of alcohol sales refused and the reason for refusal. The refusals register should be made available to an enforcement officer on request.
Conditions that have been agreed with The Police Licensing Authority
All existing conditions will continue to apply to the additional hours plus on Friday and Saturday and on New Years Eve the following additional conditions.
No admission or re-entry of customers will be permitted after 04.00hrs
The upstairs bar will stop serving alcohol at 04.00hrs and the area will be vacated by 04.30hrs
The rear cocktail bar will stop serving alcohol at 03.00hrs and will serve non-alcoholic drinks and beverages.
A customer taxi booking service will be available.
Staff to monitor customers leaving the premises at closing time to ensure incidents in the immediate vicinity are minimised.