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
General Conditions
1 The Licensee may move fire appliances, AWP machines, cigarette machines and/or any other similar objects which may impact on the ability of individuals on the premises to use exits or escape routes without impediment.
2. PEL Conditions attached - Varied
Conditions for the Management of Premises Licensed for
Public Entertainments under the Local Government (Miscellaneous Provisions) Act 1982
Part II
Indoor Sports under the Fire Safety and Safety of Places of Sport Act 1987, Part IV
1. Permitted Hours
1.1 The premises may be used for public entertainment, indoor spectator sports or entertainment of a like kind on:
a) Mondays to Fridays 10.00am - 12pm.
b) Saturdays 10.00am - 11.45pm.
) Sundays between 12 noon and 10.30pm
) New Year's Eve between 10 am and 12.30 am the following day
) Mondays - Saturdays, on any occasion when public entertainment is being provided in accordance with the hours specified in
i) an Extended Hours Order granted under Section 70 of the Licensing Act 1964
ii) a Special Hours Certificate granted under Sections 76, 77 and 78 of the Licensing Act 1964
PROVIDED that the District Council has been supplied with a copy of the relevant Order or Certificate.
f) 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 or indoor spectator sports or entertainment of a like kind on
) Christmas Day (except where a licence permits entertainment to extend after 12 midnight on Christmas Eve).
) 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 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 Stewards: The minimum number of stewards present when members of the public are present shall be:
(i) up to 100 persons - 2 stewards
(ii) for each additional 50 persons or part thereof - 1 steward.
Each steward shall be readily identifiable to members of the public and shall be instructed and trained in the following:
(i) The action to be taken upon discovering a fire.
(ii) The position of the exits.
(iii) the operation and location of the emergency lighting and fire fighting equipment.
(iv) Raising the alarm and correct method of calling the Fire Brigade.
(v) Evacuation of the public in the event of an emergency.
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.
M:\Admin\condpel general(revised 25.7.01)
SUPPER HOURS CERTIFICATE - Licensing Act 1964, S 68
Where a supper hours certificate is in place in accordance with S68 of the Licensing Act 1964 add the following (depending on whether one or both of the extensions in square brackets have been granted):
5. Alcohol may be sold or supplied [for one hour following the hours set out above and][on Christmas day, between 3pm and 7pm] 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 ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.
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 ensure that outside lighting is provided and used during the hours of darkness when any form of licensable activity is taking place.
Public Safety
3 The Licensee will ensure that the following systems are maintained and inspected by a suitably qualified professional person in accordance with the appropriate British Standard an at intervals recommended in national guidance, and will keep the records of such inspections available for inspection by authorised officers on request:
Emergency lighting systems
1 The Licensee will ensure that fire-fighting equipment is provided in the licensed premises in accordance with any risk assessment and that staff will be suitably trained in their use.
2 The Licensee will implement a ‘No Smoking’ policy at the premises and provide the appropriate ‘No Smoking’ signage around the licensed premises.
3 The Licensee will ensure that all fire doors are maintained so as to be effectively self-closing and not held open other than by approved devices.
5. Maximum permitted numbers as per PEL:
Dancing & Tables 60
Prevention of Public Nuisance
4 The Licensee will ensure that noise or vibration from music will not emanate from the premises so as to cause a nuisance to nearby properties.
5 The Licensee will ensure that adequate steps are in place (e.g. signage and/or sufficient staff on site) to ensure that customers leave the premises quietly.
6 The Licensee shall ensure that offensive smells (including smoke) from the licensed premises are not permitted so as to cause a nuisance to nearby properties and the premises are properly vented.
7 The external seating area as detailed on drawing number 200406 and dated 10 November 2004 attached to the application shall not be used after 23:30 hours.
8 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.
9 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.
10 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.
Protection of children from harm
11 The Licensee will ensure that children are accompanied at all times by an adult while they are on the premises.
12 The Licensee and/or staff will monitor AWP(s) to ensure non-use by under-18s. A sign confirming age prohibition will also be clearly displayed near the machine(s).
13 The Licensee will provide ‘No Smoking’ areas which are clearly signed on the licensed premises.