CONDITIONS IMPOSED BY LICENSING COMMITTEE AT A HEARING ON 14th AUGUST 2008
1. The total number of persons allowed on the premises, including public, staff and performers shall not exceed the following:
(a) Closely seated audiences….
(b) Dancing and cabaret audiences, functions
using tables and chairs…..,,,,,,,,,,,,,,,,,,, Concert Room - 150
(c) Dancing only, no tables to be provided in
the room and the seating if any, to be
limited to a single row against each wall
of the room…..
2. The sliding security bolts fitted to both sets of emergency exit doors leading from the Concert Room to the external stairway on the side of the building must be withdrawn whenever the Concert Room is in use.
3. A clearly displayed notice must be provided in the bar servery to drawn bar staff's attention to condition number 2.
4. Arrangements/procedures must be in place to ensure compliance with condition 28 of the Public Entertainment Regulations in that "all members of staff shall be instructed in the safety precautions to be observed in the premises so far as those precautions relate to their duties and to the action to be taken by them in the event of fire or emergency".
5. Any Police Officer or authorised Officer of the Licensing Authority or Fire Authority shall at all times have free ingress to the licensed premises. All parts of the licensed premises shall be open to inspection by such persons during the time the premises are being used for the purposes for which the licence is granted, or at any other time upon reasonable notice being given to the Licensee. The Licensee shall comply with any reasonable fire preventative and safety measures that may be required of him by the Chief Fire Officer of the County.
6. No drunkenness or any violent or riotous conduct shall be permitted on the premises.
7. No part of the premises shall be used habitually by prostitutes for the purposes of solicitation or of otherwise exercising their calling.
8. No public music, singing, dancing, exhibition, recitation or entertainment shall be permitted or suffered, which is offensive, obscene, immoral, licentious or indecent or likely to produce riot or breach of the peace.
9. No poster, advertisement, photograph, sketch, synopsis or programme shall be displayed, sold or supplied on the premises by or on behalf of the Licensee, which is likely to be injurious to morality or to encourage or incite to crime, or to lead to disorder, or to be offensive to public feeling, or which contains any offensive representation of a living person.
10. In case any disorderly conduct shall take place, the Licensee shall by himself and his servants, assist to the utmost in the capture and the expulsion of the offenders
11. The Licensee shall take all due precautions for the safety of the public, the performers, and the employees, and except with the written consent of the Licensing Authority, shall retain control over all parts of the premises.
12. Persons awaiting admission to the premises shall not be allowed to congregate in any part of the premises except in positions approved by the Licensing Authority for this purpose.
13. All doors leading from exits into passages or the outside of the premises shall, where required by the Licensing Authority, be kept open and fastened back by means of a padlock or other device, and be kept clear of obstruction. Temporary barriers shall not be fitted and any permanent barrier in exit ways which may be provided with the approval of the Licensing Authority for checking or controlling admission, shall be so arranged that the portion immediately in the line of exit will open automatically upon pressure being applied in the direction of exit.
14. The number, size and position of all doors or openings provided for the purposes of the egress of the public from the premises shall be to the satisfaction of the Licensing Authority and shall comply with the following requirements:-
() all such doors or openings approved by the Licensing Authority shall be clearly indicated by the word “EXIT”;
() doors and openings, other than exits, which lead to parts of the premises inaccessible to the public shall have notices placed over them indicating the use of such parts or to be marked “PRIVATE”;
() such notices and signs indicating the way out of the premises shall be provided as the Licensing Authority may consider necessary;
() notices bearing the words “NO EXIT” shall not be exhibited without the consent of the Licensing Authority;
() the notices referred to in this condition shall be, where practicable, at a height of at least six feet nine inches above the floor and, where possible, shall be placed over the doors or openings to which they relate; and
() all new “EXIT” signs shall comply with British Standard 5499: 1990 and current Safety Signs Regulations.
15. The notices and signs required by the foregoing conditions shall be illuminated, in such a manner as to be visible during the whole of the time the public are on the premises.
16. Only such parts of the premises as have been approved by the Licensing Authority shall be used as retiring rooms, or cloakrooms, and provisions for hanging hats or cloaks shall not be made in corridors, passages, gangways or exit ways used by the public.
17. No fastenings, other than automatic bolts, shall be fitted on exit doors used by the public and bolts so fitted shall be of such pattern and in such positions as the Licensing Authority may determine, except that cabin hooks or stops to keep the exit doors in an open position may be fitted. Automatic bolts shall be of such a pattern that horizontal pressures on the cross-bars will open the doors. The cross-bars shall, where practicable, be placed at a height of three feet from the bottom of the door. Doors fitted with automatic bolts shall have the words “PUSH BAR TO OPEN” painted upon them in capital letters at least four inches high.
If the Licensing Authority shall have given consent to the use of chains, padlocks or other locking devices for securing exit doors when the public are not on the premises, a responsible person shall be required to remove such chains, padlocks or other devices before the admission of the public, and such chains, padlocks or other devices shall not be replaced during the whole time the public are present in the licensed premises.
18. Where collapsible gates or roll-up shutters are used these shall be locked in the open position whilst the public are present. Revolving doors shall not be used as exit doors.
A notice stating the requirements of this rule as to the opening and locking of the gates and shutters shall be kept posted in a conspicuous position near the gates or shutters.
19. No curtains shall be hung across gangways or over the stairways, where hung over doorways they shall be so arranged as to draw easily from the centre, and be so hung that they are clear of the door, and be arranged so as not to conceal notices.
20. All floors, floor coverings and upholstery in the licensed premises shall be maintained in a clean condition.
21. Mats, matting and other floor coverings shall be secured and maintained so that they will not ruck or be in any way a source of danger.
22. The edges of the treads of steps and stairways shall be made conspicuous. All gangways, exit ways and the treads of steps and stairways shall be maintained with a non-slip surface.
23. Any seating in the licensed premises shall be so arranged as to allow free access to all exits therefrom.
24. The total number of persons allowed on the premises at any one time shall be restricted to the following as agreed by the Licensing Authority, Police and Fire Authority:
() Closely seated audiences i.e. audiences seated in rows;
() Dancing and cabaret audiences, functions using tables and seats; and
() Dancing only, no tables to be provided in the room and the seating, if any, to be limited to a single row against each wall of the room.
When more than one room comes within the scope of this licence and movement of persons takes place between those rooms, the appropriate limit must not be exceeded.
In the case of condition (a) above, where the auditorium exceeds two hundred and fifty, all seats in the hall must be either securely fixed to the floor, or battened together in lengths of not less than four nor more than twelve.
Where the audience exceeds four hundred, the chairs or seats adjoining front, back or cross gangways and chairs adjoining exits must be securely fixed to the floor.
Adequate gangways not less than forty two inches wide, unless otherwise approved by the Licensing Authority shall be provided. Gangways shall lead directly to each exit door and kept free from obstruction.
No seat shall be more than twelve feet (three point seven metres) from a gangway measured along the line of seating.
In the case of seated audiences, and where tables and seats are used, adequate gangways shall be left, absolutely free for the passage of the occupants, and shall not be in any manner occupied or obstructed under any circumstances and so far as possible arranged opposite exit doors.
25. Seating in invalid chairs other than engine driven chairs will be permitted subject to conditions imposed by the Licensing Authority and the Chief Fire Officer.
26. All parts of the premises and fittings therein, including the seating, door fastenings and notices, shall be maintained at all times in good order and condition.
27. The Licensee or some responsible person nominated by him in writing for the purpose, NOT BEING A PERSON UNDER 21 YEARS OF AGE, shall be in charge of and on the licensed premises during the whole time that they are open to the public. The person in charge shall throughout the whole time the premises are open to the public, be assisted by a sufficient staff of competent attendants.
Indoor Events
For audiences mainly over sixteen years:
() a minimum of one steward for every hundred members of the audience without seating; or
() a minimum of one steward for every two hundred and fifty members of the audience where permanent fixed seating is provided.
If most of the audience are under sixteen, more stewards will be required, the Licensing Authority will require a minimum of two stewards for every hundred members of the audience if it is an event without seating, and one steward for every hundred members of the audience with seating.
The figures above do not take into account stewards needed for car parking and traffic marshalling duties.
28. All members of staff shall be instructed in the safety precautions to be observed in the premises so far as those precautions relate to their duties and to the action to be taken by them in the event of fire or emergency.
29. No rubbish or waste paper shall be stored or allowed to accumulate in any part of the licensed premises.
30. No acetylene gas installations, liquefied petroleum gas or any flammable liquids or substance for producing light, heat or explosion shall be kept or used in the premises except with the consent of the Licensing Authority.
All scenery, draperies, properties and decorations, whether on stage or in the auditorium, must be rendered and maintained non-inflammable.
Cotton wool, or other highly inflammable materials shall not be used for the costumes of the performers or the decoration of the premises, unless rendered non-inflammable.
Real flames and special effects e.g. lasers, strobes, smoke, vapours etc. shall not be employed on the stage except with the consent of the Licensing Authority.
31. Fire appliances as approved and required from time to time by the Licensing Authority or their authorised agent shall be provided and at all times be maintained in proper working order conforming to the appropriate British Standard.
32. Ovens, geysers, gas-rings or other gas appliances, if installed shall be mounted upon approved incombustible materials and shall only be connected to the supply by rigid piping. Gas appliances shall only be installed in a position specially approved in writing for the purpose by the Licensing Authority.
Any gas system in the premises to be installed in accordance with the appropriate regulations and by Corgi authorised workmen. A certificate to that effect is required to be submitted. All gas appliances to be serviced at least once every twelve months by a Corgi authorised workman and a certificate to that effect is required to be submitted. A record of servicing and any complaints or repairs undertaken to be kept in the premises with the appliances. Where premises are let out for functions clear operating instructions should be provided including advice on maintaining ventilation.
33. In premises at which an exchange telephone is not installed a notice or notices clearly indicating the position of the nearest telephone by means of which the Fire Brigade may be summoned shall be provided in a position or positions approved by the Licensing Authority.
34. The Licensee shall be responsible for making arrangements to ensure that information of any outbreak of fire, however slight, shall be at once communicated to the Fire Brigade and to the Police.
35. All persons responsible for, or employed in or in connection with performances shall take all due precautions for the prevention of accident and shall abstain from any act whatever which tends to cause fire and is not reasonably necessary for performances.
36. Emergency lighting independent of the mains supply shall be provided, and maintained in accordance with the appropriate British Standard and in accordance with the current Safety Signs Regulations.
The emergency lighting shall illuminate all exit routes and shall be in operation during the whole of the time the premises are occupied, or operated by an automatic circuit or mains failure switching device.
37. All electrical installations and equipment should be designed, constructed, installed, protected, commissioned, tested, used, operated and maintained so as to prevent danger.
38. Electric lighting switches and gas taps shall so far as possible be so arranged as to be protected from unauthorised interference by members of the public.
39. The electrical intake enclosure shall not be accessible to the public and shall be used exclusively for the purposes for which it is provided.
40. All electric lampholders within reach of the public shall be kept fitted with lamps or otherwise protected.
41. The public parts of the premises shall be kept properly and sufficiently ventilated and heated to the satisfaction of the Licensing Authority.
42. Adequate and separate sanitary conveniences shall be provided for the persons of both sexes and shall be separately approached and adequately screened. The conveniences for each sex shall be indicated by a suitable notice. The several lavatories and urinals in the licensed premises shall be kept at all times in good order and repair and be properly and effectively cleansed and ventilated and disinfected and supplied with water and proper and efficient flushing arrangements. During the time the licensed premises are open to the public the lavatories and urinals and the approaches thereto shall be properly and efficiently lit.
43. Alterations or additions, whether permanent or temporary, to the structure, the lighting, heating or ventilating installations, or to the seating, gangways or other arrangements, at the premises shall not be made except with the prior approval of the Licensing Authority.
44. The Licensee shall not knowingly suffer any unlawful games, gaming or betting on the licensed premises.
45. Adequate handrails shall be provided at each staircase to the satisfaction of the Chief Fire Officer for the said County.
46. The Licensee shall ensure that the operation of the licensed premises be in such a manner so as not to cause a nuisance or danger to health to patrons and to the occupiers of property in the vicinity of the licensed premises, by reason of noise.
47. Adequate access and lighting shall be provided by the Licensee to roof spaces above suspended ceilings for the purposes of inspection and repair.
48. Children apparently under the age of six years shall not be allowed to enter or be on the licensed premises unless accompanied by a parent or bona fide adult, guardian or approved supervisor. Children of compulsory school age shall not be allowed to enter or be on the licensed premises after 9.00 p.m. unless accompanied by a parent or bona fide guardian.
49. No exhibition, demonstration or performance of hypnotism on any person at the place to which this licence relates shall be given except with the express written consent of the Licensing Authority and in accordance with any conditions attached to such consent.
50. Adequate public liability insurance is required.
51. Every heating appliance situated in a part of the premises to which the public are admitted shall be fixed in position and suitably guarded.
52. The licensed premises shall be maintained in a satisfactory condition as regards sanitation and public health. No accumulation of dirt, rubbish or inflammable material shall be permitted to remain in any part of the licensed premises or in any other places under the control of the Licensee and adjacent to the licensed premises.
53. Adequate means for giving warning in case of fire to be provided to the satisfaction of the Chief Fire Officer and where an electrically operated fire alarm is provided, it shall be maintained in efficient working order at all times.
54. Fire Routine - a routine for the action to be taken in the event of fire must be formulated and agreed with the Chief Fire Officer.
55. The premises shall not be used for the purpose of any foam type parties.
56. The Licensing Authority shall have power to forthwith suspend this licence if at any time the licensed premises shall, in their opinion, become unsuitable for any of the purposes aforesaid.
57. DOOR SUPERVISORS No person may be employed or engaged in or about the licensed premises in any capacity concerned with the maintenance of order or the vetting or control of customers unless he or she is registered with Allerdale Borough Council as a fit and proper person. (Superceded by the Security Industry Authority).
58. THE REGISTER TO BE KEPT BY ALL LICENSED PREMISES
() A register must be kept at all licensed premises by the Licensee or their managers;
() The register must be retained for inspection by any authorised officer of the Council, any Police Officer or Fire or other emergency services officers; and
() The register must be retained on the premises permanently and will contain the following information:
() the date;
() the name of the premises;
() the name and badge number of the door staff on duty at any time;
() the signature of the door staff on duty;
() the times on and off duty of the door staff;
() certification as to the correctness of the register by the Licensee or Manager; and
() a complete record of all incidents and actions undertaken by the door supervisors.
59. PPN4 All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency.
60. PPN16 All fixed plant and equipment at the premises that produce significant levels of noise are fitted with appropriate means of noise suppression and are restricted in their use so as to minimise disturbance to any neighbouring noise sensitive premises.
61. PPN20 There shall be provided at the premises suitable and sufficient containers for the storage and disposal of waste foods and other refuse from the premises. Those containers shall be constructed and maintained so as to prevent access, except by staff.
62. PPN23 No refuse shall be disposed of from the premises into a receptacle where such disposal is likely to cause a disturbance to residents in the area of the premises at any time between 8.00 pm and 8.00 am on any day except Sunday when no such disposal shall take place before 10.00 am.
63. PPN24 No light from or on the premises and any other light under the control of the premises shall cause nuisance to any nearby premises.
64. PS2 - Electrical Installation Testing
The electrical installation shall be inspected and tested at intervals specified by a competent person. A satisfactory and valid inspection report shall be available on site for inspection by an officer of the authority.
65. PS4 - RCD
Each socket outlet circuit or individual socket outlets used for regulated entertainment shall be protected by an integral residual current device (RCD) having a rated residual operating current not exceeding 30mA (0.03 amps). Every such circuit and residual current device shall be inspected and tested at intervals specified by a competent person. A satisfactory and valid inspection report shall be available on site for inspection by an authorised officer of the authority.
66. PS6 - First Aid
There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials for use by customers.
67. PPN3 Where regulated entertainment is provided by way of amplifying equipment, an automatic device that is capable of switching off that equipment when it reaches a pre-set noise limit shall be provided. (The limit for the equipment would have to be specified.);
Or
68. PPN3(a) Where regulated entertainment is provided by way of an in house PA system, management shall control such equipment to ensure nuisance is not caused.
69. PPN6 The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include the time and date of the checks, the person making them and the results including any remedial action.
70. PPN7 There shall be placed a dispersal policy/warden scheme in place to assist dispersal of clientele from the area in a swift, efficient and safe manner. Notices will be displayed at all exits from the premises in a place where they can be seen and easily read by the public (or member and their guests) requiring customers to leave the premises and the area quietly.
71. PPN8 The noise level from the premises for all live amplified music/entertainment shall not exceed NR40 measured at any point nearest noise sensitive use.
72. PPN9 There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public (or member and their guests) notices pointing out the needs of local residents and the need to leave the premises and the area quietly. (Note: this may also include reference to vehicles.)
73. PPN10 No explosive, firework or pyrotechnic shall be discharged in or from the premises which may cause a disturbance to the local area.
74. PPN11 A noise management plan shall be drawn up and submitted to the licensing Authority for approval.
75. PPN12 All entrances and exits have a lobby entrance with at least one set of doors closed at all times to minimise the breakout of noise.
76. PPN14 The placing of bottles into receptacles outside the premises is not permitted to take place between the hours of 2000 and 0800 to minimise disturbance to nearby properties.
77. PPN 15 The playing of live or recorded music in garden areas and other external spaces of the premises is not permitted.
78. Children under age of 18 must be accompanied by an adult.
79. CCTV - to install a CCTV system with the capability of recording for up to 28 days. It is suggested a hard drive system is used which would do away with the need for video tapes. The licence holder stated that cameras would be installed in the main bar and function room area. It was suggested by Cumbria police that a camera is installed on the front entrance of the building and the licence holder agreed to research costings.
80. Staff will be trained to keep all fire exits clear at all times.
81. Regular checks will be made to fire fighting equipment and emergency lighting throughout the premises.
82. The premises will be professionally run. Any person causing trouble will be barred from the premises.
83. Door Staff - accredited door staff will be provided on any event which goes beyond midnight and door staff must be on duty from 8:00 p.m. and remain on the premises until the last customer leaves.
84. Only non amplified background music will be played in the main bar and wall mounted televisions.
85. In the main function room all precautions to be taken to prevent noise escaping including keeping all windows and doors closed during functions.
86. Pubwatch meetings will be attended by a representative of the club or the premises licence holder.
87. There will be no consumption of alcohol/drinks outside the premises.