Annex 2 - Conditions Consistent with the Operating Schedule
General Conditions
Conditions imposed by JUSTICE ON-LICENCE - Licensing Act 1964, S 59, 60 and 63
1 Alcohol shall not be sold or supplied except during permitted hours.
2 In this condition, permitted hours means:
On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 11 a.m. to 11 p.m.
b On Sundays, other than Christmas Day or New Year’s Eve, 12 noon to 10.30 p.m.
c. On Good Friday, 12 noon to 10.30 p.m.
d. On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.
e. On New Year’s Eve, except on a Sunday, 11 a.m. to 11 p.m.
f. On New Year’s Eve on a Sunday, 12 noon to 10.30 p.m.
On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31 December).
3. The above restrictions do not prohibit:
a. the consumption of alcohol on the premises during the first 20 minutes after the above hours;
b. the taking of the alcohol from the premises (unless the alcohol is supplied or taken in an open vessel) during the first 20 minutes after the above hours;
c. the consumption of the alcohol on the premises by persons taking meals there during the first 30 minutes after the above hours, if the alcohol was supplied for consumption ancillary to those meals;
d. the consumption of the alcohol on the premises by, or, the taking, 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 liquor 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.
4. 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 not 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 intoxicating liquor. 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
SPECIAL HOURS CERTIFICATE - Licensing Act 1964, S 76
5. Subject to the following paragraphs, the permitted hours on weekdays shall extend until two 0’clock in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that:
() the permitted hours shall end at midnight on any day that music and dancing is not provided after midnight; and
() on any day that music and dancing end between midnight and two o’clock in the morning, the permitted hours shall end when the music and dancing end;
5. In relation to the morning on which summer time begins, paragraph (1) of this condition shall have effect with the substitution of reference to three o’clock in the morning for references to two o’clock in the morning [or one hour following the hour actually specified in the certificate where the certificate requires a closure between 1am and 2am].
6. Except as provided in (8) below, the permitted hours on Sundays shall extend until thirty minutes past midnight in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that:
) the permitted hours shall end at midnight on any Sunday that music and dancing is not provided after midnight; and
) where music and dancing end between midnight on any Sunday and thirty minutes past midnight, the permitted hours on that Sunday shall end when the music and dancing end;
7. On Sundays immediately before bank holidays other than Easter Sunday, the permitted hours shall extend until 2am in the morning following except that:
) the permitted hours shall end at midnight on any Sunday that music and dancing is not provided after midnight; and
) where music and dancing end between midnight on any Sunday and 2am, the permitted hours on that Sunday shall end when the music and dancing end.
8. The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment
General Conditions
1 The Licensee shall provide training and supervision of all staff.
2. PEL Conditions attached - Varied
Crime and Disorder
1. The Licensee/DPS will actively participate in a local Pubwatch/Nightsafe scheme(s) (or similar) where such a scheme operates within the locality of the premises.
2. The Licensee will not adopt any drink promotion activities that undermine a policy of responsible drinking.
3. The Licensee will take steps to employ licensed SIA Door Supervisors at the request of Suffolk Constabulary.
4. The Licensee will provide/install and maintain CCTV equipment at the premises in full working order. All recordings will be retained for at least 28 days and will be made available to an authorised officer of the Licensing Authority or Police on demand.
Public Safety
2 The Licensee will ensure that a health & safety incident reporting system will operate during the hours that the premises are open to the general public.
2. Maximum permitted numbers as per PEL -
Restaurant Front Bar Area Function Room
Seated at Tables 100 90 75
Dancing & Tables 133 120 100
Dancing Only 200 160 100
Prevention of Public Nuisance
The Licensee take all reasonable steps to ensure that patrons leave the area quietly.
3 The permitted entertainment outdoors shall only be allowed on 12 nights in any one calendar year, and all such events shall finish no later than 21:00 hours on any night of the week, and it shall not be amplified.
4 The volume of the amplification system for any description of musical entertainment shall be strictly controlled so that noise levels are non-intrusive at the boundaries of nearby residential properties.
5 A responsible person shall monitor the music levels outside the building, and implement any changes to reduce the noise levels in accordance with any request by an authorised office of the Council immediately and ensure that volume is maintained at the reduced level.
6 The external areas shall not be used after 24:00 hours.
7 After 23:30 hours all external doors and windows must be kept closed, other than for access and egress when amplified music and amplified speech is taking place.
Protection of children from harm
1. All members of staff at the premises will seek PASS accredited proof of age cards, photo-driving licences or passports as proof of age evidence from any person who appears to be under the age of 18 and who is seeking to purchase or consume alcohol on the premises.
2. Children must be accompanied by an adult at all times whilst on the premises
3. No adult entertainment will be provided at the premises.
Conditions for the Management of Premises Licensed for
Public Entertainments under the Local Government (Miscellaneous Provisions) Act 1982
Part II - Ordnance Hotel, 1 Undercliff Road West, Felixstowe
1. Permitted Hours
1.1 The premises may be used for public entertainment, consisting of music and dancing only, on
a) Mondays-Wednesdays between 10 a.m. and 11 p.m.
b) Thursdays 10 a.m. - 12 midnight.
c) Fridays and Saturdays between 10 a.m. and 1.00am.
d) Sundays between 12 noon and 10.30 p.m
e) New Year's Eve between 10 a.m. and 12.30 a.m. the following day
f) Mondays - Saturdays, on any occasion when public entertainment is being provided in accordance with the hours specified in a Special Order of Exemption granted under Section 74(4) of the Licensing Act 1964.
g) Any occasion when public entertainment is being provided by not more than two live performers or recorded music in accordance with Section 182 of the Licensing Act 1964.
1.2 The premises shall not be kept or used for public entertainment consisting of music and dancing on
) Christmas Day (except where a licence permits entertainment to extend after 12 midnight on Christmas Eve).
b) At any time outside the permitted hours set out in paragraph 1.1 of these conditions without the consent of the District Council being obtained..
1.3 The licensed premises shall not be used for public entertainment which consists of anything other than music and dancing.
1.4 The licensed premises shall not be open for the purposes of public entertainment on any occasion when the licensing authority may so signify their desire in writing to the Licensee that the same should not be opened.
2. Access
All parts of the licensed premises shall be open to free ingress and inspection by:-
(a) Authorised Officers of the licensing authority.
(b) Persons authorised in writing by the licensing authority.
(c) Police Officers of the Suffolk Constabulary.
(d) Fire Officers of the Suffolk Fire Authority.
3. Alterations and Maintenance
3.1 No alterations or additions shall be made to any part of the licensed premises and the fixtures and fittings therein without the prior approval of the licensing authority.
3.2 All parts of the licensed premises, including the fixtures and fittings therein, whether fixed or otherwise, shall be kept clean and maintained in good working order.
3.3 The Fire Alarm and emergency lighting systems shall be tested monthly by the licensee to ensure that they operate effectively.
3.4 The licensee shall maintain the log book provided and ensure that it is kept at the premises and that details of tests, etc. are entered.
3.5 The licensee shall maintain public liability insurance not less than £5 million per claim.
4. Licensee's Responsibilities.
4.1 The Licensee or some responsible person nominated by him in writing shall be in charge of, and present in, the licensed premises during the whole time they are open to the public. Any such nominated person shall be provided with a copy of these licensing conditions.
4.2 The Licensee shall take all reasonable precautions for the safety of the public, performers or employees on the premises.
4.3 The numbers of persons permitted on the premises shall not exceed that specified in the licence document.
4.4 The Licensee or his nominated representative shall to the best of his ability maintain and keep order and decent behaviour on the licensed premises.
4.5 The Licensee shall not allow any lewd, obscene or indecent performance to take place on the licensed premises or allow any obscene poster, advertisement, film, photograph or programme to be displayed or shown on any part of the premises.
4.6 No exhibition, demonstration or performance of hypnotism as defined in Section 2(1a) and 5 of the Hypnotism Act 1952 shall be given by any person on the licensed premises except with the written consent of the licensing authority and in accordance with any conditions attached to such consent.
4.7 The Licensee shall ensure that Regulation 37 of the Cinematographic Safety Regulations 1955 is complied with on any occasion that the premises are used for cinematographic exhibitions.
4.8 The Licensee shall ensure that the noise level emanating from the premises remains at a reasonable level and shall comply with any requirements of the Director of Environmental Services Head of Health in this respect.
4.9 The Licensee shall inform the Council, in writing, of any change of his address during the period of the licence within seven days of such change taking place.
5. Fire and Safety.
5.1 The Licensee shall ensure compliance with the fire precautions and safety measures required by the Chief Fire Officer, as set out in the attached schedule and any conditions which may from time to time be required by the Chief Fire Officer and which have been notified to the Licensee by the licensing authority.
5.2 Door Supervisors:
5.2.1 It is a requirement of the Licence that the Licensee shall employ or otherwise use Door Supervisors during the whole of the time that the licensed premises are open to the public when live music is being provided.
5.2.2 No person shall be employed or otherwise used in the Licensed premises as a Door Supervisor unless that person holds a current SIA Licence.
5.2.3 5.2.3 The Licensee shall use his best endeavours to ensure that any Door Supervisor so employed or otherwise used shall comply at all times with any condition attached to the relevant Door Supervisor’s Licence.
5.2.4 The number of Door Supervisors to be employed or otherwise used during the whole of the time that the licensed premises are open to the public shall be as follows:
If the number of persons on any floor or tier of the licensed premises is less than 100: 2 supervisors on that floor or tier
If the number of persons on any floor or tier of the licensed premises is between 101 and 200: 3 supervisors on that floor or tier
If the number of persons on any floor or tier of the licensed premises is between 201 and 300: 4 supervisors on that floor or tier
If the number of persons on any floor or tier of the licensed premises is between 301 and 400: 6 supervisors on that floor or tier
If the number of persons on any floor or tier of the licensed premises exceeds 400: 1 additional supervisors on that floor or tier for every additional 100 or part of 100 persons present
(Note: for the avoidance of doubt, the expression “persons on any floor or tier” shall, for the purposes of this condition, include not only members of the public who may be present on the floor or tier but also all other people (including Supervisors and any persons employed or otherwise used by the Licensee) who may be present on that floor or tier.)
5.2.5 All Door Supervisors employed or otherwise used shall during the whole of the time that the Licensed Premises are open to the public be readily identifiable to the public by means of some conspicuous clothing or marking system which is visible under all lighting conditions.
5.2.6 Prior to the commencement of any public entertainment permitted by this Licence the Licensee shall nominate and appoint from their number, a Door Supervisor to act as the principal Door Supervisor during the course of that entertainment and the Licensee shall ensure that he is able to identify such principal Door Supervisor to the Council on demand.
5.2.7 Subject to the proviso set out below, Licensees may, if they so wish, employ or otherwise use during the course of any public entertainment a Provisional Door Supervisor PROVIDED THAT
a Provisional Door Supervisor may only be employed or otherwise used if the written consent of the Council has been obtained
unless previously approved in writing by the Council the ratio of Provisional Door Supervisors to Door Supervisors on each floor or tier of the licensed premises shall never fall below 1:4
any Provisional Door Supervisor who may be so employed or otherwise used shall at all times be under the direct control and supervision of the said principal Door Supervisor
5.2.8 Where Provisional Door Supervisors are so employed or otherwise used they are subject to the same terms and conditions as set out herein for Door Supervisors (and any reference to “Door Supervisors” shall as relevant and necessary be taken to mean reference to “Provisional Door Supervisors”).
5.2.9 There shall be in force throughout the currency of the Licence an up to date and adequate policy of insurance to indemnify third parties arising out of any employment or other use in the Licensed premises of Door Supervisors and a copy of the appropriate and relevant certificate of insurance shall be kept by the Licensee and shall be available for inspection by the Council or any of its authorised officers on request at any time.
5.2.10 At such time as any application is made to the Council for a renewal or transfer of the Licence, a copy of the certificate of such policy of insurance so required shall be provided to the Council for inspection and approval.
5.2.11 Prior to the commencement of any public entertainment permitted by this Licence, Licensees shall ensure and require that any Door Supervisor to be employed or otherwise used in connection with that entertainment makes the appropriate entries in a record book (the Door Supervisors Duty Book) kept by the Licensee for that purpose and such book shall be kept in a safe place and shall be available for inspection on demand by the Council, any of its authorised officers, an officer of the Fire Authority or by any police officer. [For the avoidance of doubt the appropriate entries referred to above are set out in columns 1 - 5 of the relevant pages of the Door Supervisors Duty Book. It should particularly be noted that the entries are to be made by each Door Supervisor AND that at columns 4 and 5 each relevant entry is to be authenticated by a signature of each relevant Door Supervisor.]
5.2.12 Prior to the commencement of any public entertainment permitted by this Licence, the Licensee shall ensure that any Door Supervisor to be employed or otherwise used in connection with that entertainment has with him/her the badge issued in accordance with the Suffolk Door Supervisor Licensing Scheme and the Licensee shall not permit such person to be employed or otherwise used as a Door Supervisor unless such person is able to produce the said badge.
5.3 Fire Procedure: The Fire Brigade shall be immediately called to any outbreak of fire, however slight.
5.4 Exits: All doors indicated as exits on the attached plan shall be maintained so that they open easily and fully and the following shall apply as appropriate:
a) Exit doors shall only be secured in such a manner that they can be immediately and easily opened from within.
b) Exit doors which do not open outwards shall be secured in the open position when members of the public are present.
c) Exit doors and the external routes therefrom shall be maintained clear and unobstructed and illuminated when members of the public are present.
d) Illuminated Exit signs and notices shall be properly maintained and free from obstruction.
5.5 Means of Escape: All parts of the premises used for means of escape in case of fire, shall be kept entirely free from obstruction, whether permanent or temporary, so as not to impede safe evacuation of the premises.
5.6 Floors and Floor Coverings, shall be properly maintained in a sound condition and possess reasonable antislip properties.
5.7 Seating: If loose chairs are used for seated audiences they shall be secured together in blocks of not less than four or more than 14 seats.
Seats shall be arranged so as to provide gangways not less than 1.1m in width which lead to and connect with exits. No seat shall be more than 3.6 metres from a gangway measured along a row of seating.
5.8 General Lighting: All parts of the premises and the external escape routes to which the public have access shall be suitably illuminated in the absence of adequate daylight at all times when members of the public are present.
5.9 Emergency Lighting: If the emergency lighting system is not designed to come on automatically in the event of failure of the mains lighting circuit it shall be switched on at all times when the public are present.
5.10 Fire Fighting Appliances: The fire fighting appliances indicated on the attached plan shall be maintained and immediately available for use.
5.11 Drapes and Decorations: All drapes, curtains or similar hangings shall be of such material or be so treated that they will not readily catch fire.
No combustible effects or decorations shall be used in the premises except by permission of the licensing authority.
5.12 Electrical Cables, flexes and other wiring must be laid in such a manner so as not to cause a hazard to those using the licensed premises.
5.13 Heating Appliances: All heating appliances shall be manufactured and installed in accordance with the appropriate British Standard and shall be properly guarded and maintained.
Portable heating appliances burning liquefied petroleum gas or fuel oil shall not be used and such fuels shall not be stored in the premises when members of the public are present.
5.14 Car Parking: No vehicles shall be parked in such as way as to restrict the means of escape provided from the premises, or prevent the safe access and egress of the emergency services.
6. Welfare and Hygiene.
6.1 Where food is cooked and/or is sold on the licensed premises the licensee shall ensure that the requirements of the Food Safety Act 1990 and the Food Hygiene (General) Regulations 1970 are complied with.
6.2 Efficient and adequate means of ventilation shall be available during the whole time the public are on the licensed premises. Where mechanical ventilation is provided this shall be maintained in a safe and satisfactory condition and detailed operating instructions shall be exhibited in a suitable prominent position.
6.3 A sufficient number of suitable receptacles with close fitting lids shall be provided to receive and store refuse from the licensed premises.
6.4 There shall be compliance with any requirements specified by the Director of Environmental Services Head of Health and set out in the schedule attached to this licence and with any further reasonable requirements that from time to time may be required by the Director of Environmental Services Head of Health and which have been notified to the licensee by the licensing authority.
6.5 An adequate properly equipped and maintained first aid kit shall be available at the premises at all times when the public are present.
7. General
7.1 On those occasions when disabled or handicapped persons are present on the licensed premises such special arrangements as may be necessary in the circumstances shall be made so as to ensure all persons leave the premises safely in the event of fire.
7.2 The licensing authority reserves the right under statute after the granting, renewal or transfer of the licence at any time to dispense with or modify any of these conditions, terms and restrictions and to make additional conditions, terms and restrictions as they may deem appropriate to meet the circumstances of any particular case.
7.3 Any notice or notification in writing under these conditions shall be deemed to have been served on the licensee if:-
(i) it is served upon the licensee personally
(ii) it is left or posted to the licensee at his last known address
(iii) it is left at the licensed premises.