Thirty Two

32-36 Wilson Street, Workington, CUMBRIA, CA14 4AZ

Completed application 007148 which is a Cancellation/Surrender/Lapse for Premises Licence from 24/11/2005 to 03/12/2007

Applicant(s)

Permitted Activities

• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment facilities for making music
• entertainment facilities for dancing
• the sale by retail of alcohol
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing

Additional Conditions

• EMBEDDED CONDITIONS - ON AND OFF LICENCE

   

  Alcohol shall not be sold or supplied except during permitted hours.

   

  The above restrictions do not prohibit:

   

  (a)              during the first twenty minutes after the above hours the consumption of the alcohol on the premises; Removed due to variation application.

  (b)              during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  (c)              during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;

  (d)              consumption of the alcohol on the premises or the taking of 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;

  (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.

   

  OFF SALES

   

  1.              Alcohol shall not be sold or supplied except during permitted hours.

   

  The restriction does not prohibit:

   

  (a)               during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;

  (b)               the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  (c)              the sale of alcohol to a trader or club for the purposes of the trade or club; or

  ()        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.

   

  2.              Alcohol shall not be sold in an open container or be consumed in the licensed premises.

   

  ON-LICENCE, NO CHILDREN’S CERTIFICATE

   

  No person under 14 years of age 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 no other convenient means of access or egress; or

  (d)              The bar is in the 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 sale and 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.

   

  Sections 145 to 154 Licensing Act 2003, relates to the presence of children in licensed premises.

   

  Private Entertainment

   

  The provision of regulated entertainment, that is, the provision of dancing, music or any other entertainment of the like kind, is prohibited (unless it is a licensable activity included in this licence) with the exception of pre-booked private events limited to pre-invited guests only.

   

  Recorded Music

   

  Provision may be made for the public entertainment in the premises by the reproduction of wireless (including television) broadcasts (or of programmes included in any programme service [within the meaning of the Broadcasting Act 1990] other than a sound or television broadcasting service), or of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound.

   

   

• EMBEDDED CONDITIONS - SPECIAL HOURS CERTIFICATE - (SECTION 77 LICENSING ACT 1964)

   

  Part of premises to which certificate applies:- THE WHOLE OF THE PREMISES

   

  Days of which the certificate is in force, together with the commencement and finishing times:-

  5.00 PM - 12 MIDNIGHT - THURSDAY, FRIDAY & SATURDAY

  5.00 PM - 11.30 PM - SUNDAYS

   

  Replace the permitted hours condition for those days with the following:

   

  1.              Subject to the following paragraphs, the permitted hours on weekdays shall extend until two o’clock in the morning following except that -

   

  (a)              The permitted hours shall end at midnight on any day on which music and dancing is not (or in the case of a casino, gaming facilities are not) provided after midnight; and

   

  (b)              On any day that music and dancing end (or in the case of casinos, gaming ends) between midnight and 2am, the permitted hours shall end when the music and dancing end, or as the case may be, when the gaming ends.

   

  2.              In relation to the morning on which summer time begins, this condition shall have effect:

   

  (a)              the substitution of references 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 premises licence where the licence requires closure between 1am and 2am)

   

  3.              Except on Sundays immediately before bank holidays, the permitted hours on Sundays shall extend until thirty minutes past midnight in the morning following, except that:

   

  (a)              the permitted hours shall end at midnight on any Sunday on which music and dancing is not (or in the case of casino premises gaming facilities are not) provided after midnight; or

   

  (b)              where music and dancing (or in the case of casino premises gaming) ends between midnight on any Sunday and thirty minutes past midnight, the permitted hours on that Sunday shall end when the music and dancing (or gaming) end.

   

  4.              On Sundays immediately before bank holidays, the permitted hours shall extend until 2 am in the morning following, except that:

   

  (a)              the permitted hours shall end at midnight on any Sunday on which music and dancing (or in the case of casino premises gaming facilities) are not provided after midnight; or

   

  (b)              where music and dancing (or in the case of casino premises gaming) end between midnight on any Sunday and 2am, the permitted hours on that Sunday shall end when the music and dancing (gaming) ends.

   

  5.              The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

   

  For Casino Premises Only

   

  The sale of alcohol must be ancillary to the use of the premises for gaming facilities and substantial refreshment.

   

   

• EMBEDDED CONDITIONS - PUBLIC ENTERTAINMENT  -  GROUND FLOOR ONLY

   

  The Standard Conditions for Places of Public Entertainment adopted by this Council in 2005 are applicable to this licence and are attached.

   

  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….. …………………………..…….              00333

               

  (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………..

   

  Additional Conditions

   

  1.              Noise emanating from the premises must not exceed:

   

                NR45 between the hours of 1100 and 2300; and

                NR40 between the hours of 2300 and 0200

   

  when measured 3m from the façade of the nearest noise sensitive use.  All measurements shall be taken in accordance with BS7445 parts 1, 2 and 3.

   

  THE ABOVE CONDITION IS SUPERCEDED BY CONDITION PPN IMPOSED BY ENVIRONMENTAL HEALTH IN VARIATION ON 22ND NOVEMBER 2005.

   

   

  PUBLIC ENTERTAINMENT LICENCE - STANDARD CONDITIONS

   

  ALL PUBLIC ENTERTAINMENT CONDITIONS NOT SAFETY RELATED ARE REMOVED DUE TO VARIATION ON 24TH NOVEMBER 2005.

   

  1.              There shall be affixed and kept visible in some conspicuous position on the door or entrance of the premises an inscription in capital letters not less than one inch in height, as follows: “LICENSED IN PURSUANCE OF ACT OF PARLIAMENT FOR PUBLIC ENTERTAINMENT”.

   

  2.              The premises shall not without the written consent of the Licensing Authority be opened and used for the licensed purposes on Christmas Day or Good Friday.  On Sundays (other than Christmas Day) the said premises may only be open for entertainment not prohibited by the Sunday Observance Acts, where applicable, as modified by the Licensing Act 1964 and any subsequent enactments and for musical concerts between the hours of 8.00 p.m. and 10.30 p.m.

   

  3.              The premises shall not without the written consent of the Licensing Authority be opened and used for the purposes for which the licence is granted except during the hours of 10.00 a.m. - 1.00 a.m. provided that the period between midnight and 1.00 a.m. is an extension of the previous day’s entertainment and not prohibited by Standard Condition No. 2.

   

  4.              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.

   

  5.              No drunkenness or any violent or riotous conduct shall be permitted on the premises.

   

  6.              No part of the premises shall be used habitually by prostitutes for the purposes of solicitation or of otherwise exercising their calling.

   

  7.              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.

   

  8.              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.

   

  9.              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

   

  10.              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.

   

  11.              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.

   

  12.              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.

   

  13.              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:-

   

  (a)              all such doors or openings approved by the Licensing Authority shall be clearly indicated by the word “EXIT”;

   

  (b)              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”;

   

  (c)              such notices and signs indicating the way out of the premises shall be provided as the Licensing Authority may consider necessary;

   

  (d)              notices bearing the words “NO EXIT” shall not be exhibited without the consent of the Licensing Authority;

   

  (e)              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

   

  (f)              all new “EXIT” signs shall comply with British Standard 5499: 1990 and current Safety Signs Regulations.

   

  14.              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.

   

  15.              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.

   

  16.              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.

   

  17.              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.

   

  18.              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.

   

  19.              All floors, floor coverings and upholstery in the licensed premises shall be maintained in a clean condition.

   

  20.              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.

   

  21.              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.

   

  22.              Any seating in the licensed premises shall be so arranged as to allow free access to all exits therefrom.

   

  23.              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:

   

  (a)              Closely seated audiences i.e. audiences seated in rows;

  (b)              Dancing and cabaret audiences, functions using tables and seats; and

  (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.

   

  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.

   

  24.              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.

   

  25.              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.

   

  26.              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)              a minimum of one steward for every hundred members of the audience without seating; or

   

  (b)              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.

   

  27.              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.

   

  28.              No rubbish or waste paper shall be stored or allowed to accumulate in any part of the licensed premises.

   

  29.              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.

   

  30.              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.

   

  31.              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.

   

  32.              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.

   

  33.              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.

   

  34.              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.

   

  35.              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.

   

  36.              All electrical installations and equipment should be designed, constructed, installed, protected, commissioned, tested, used, operated and maintained so as to prevent danger.

   

  37.              (a)               Within the area licensed for public entertainment, the fixed electrical installations shall be inspected and tested at least every five years;

  (b)              Each socket outlet circuit or individual socket outlets used by performers for public entertainment shall be protected by an integral residual current device having a rated residual operating current not exceeding 30mA (0.03 amps).  Every such circuit and residual current device shall be inspected and tested annually;

   

  (c)              All such inspection and testing of electrical installations and circuits shall be carried out by a competent person;

   

  (d)              A suitable certificate signed by a competent person stating that the installation has been inspected and tested and is in a safe working condition, shall be submitted to the Licensing Authority.  A certificate for installations as described in 37(a) shall be submitted at least every five years and for the installations described in 37(b) it shall be submitted annually.  Certificates as described above shall also be submitted with the initial application for a licence; and

   

  (e)              ‘Officers’ of the Licensing Authority shall have the power to forthwith suspend this licence if conditions 37 (a) - (d) have not been complied with.

   

  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.

   

  DOOR SUPERVISORS

   

  57.              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)              A register must be kept at all licensed premises by the Licensee or their managers;

   

  (b)              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

   

  (c)              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.              Any of the conditions herein may be modified if the Inspecting Officer is satisfied that such modification would not be detrimental to public safety.

   

  60.              The Licensing Authority reserve to themselves the right to vary, modify or add to any of the aforementioned conditions as circumstances may require and such variation, modification or addition shall become effective after fourteen days notice in writing to the Licensee under the hand of the Chief Executive to the Licensing Authority.

   

   

   

• LICENSING ACT 2003 MANDATORY CONDITIONS

   

  Mandatory Conditions where licence authorises the supply of alcohol

   

  1.              No supply of alcohol may be made under the premises licence -

   

  (a)              at a time when there is no designated premises supervisor in respect of the premises licence; or

  (b)              at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  2.              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  Mandatory Condition where Door Supervisors are provided

   

  Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.

   

   

• CONDITIONS IMPOSED BY ENVIRONMENTAL HEALTH

   

  PPN

  Noise from live or recorded amplified music shall not exceed an Lmax of 95 decibels when measured within the premises.

   

  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.);

   

  PPN4

  All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency.

   

  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.

   

  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.)

   

  PPN11

  A noise management plan has been devised and is in operation at the premises.

   

  PPN14

  The placing of bottles into receptacles outside the premises is not permitted to take place after/between the hours of 2000 and 0800 to minimise disturbance to nearby properties.

   

  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.

   

   

• CONDITIONS IMPOSED BY OPERATING SCHEDULE

   

  1.              Co-operation with Allerdale Borough Council and Cumbria Constabulary.

   

  2.              The premises used for licensable activity shall be cleared by 30 minutes after the cessation of the activity.

   

  3.              CD1              A method of communicating with other participating licensed premises by way of text / pager or radio links shall be provided at the premises.

   

  4.              CD2              Any text / pager or radio link provided for communication with the other licensed premises shall be kept in good working order at all times.

   

  5.              CD3              When the premises are open to the public, the communications link with other participating licensed premises shall be switched on and available to and monitored by the Designated Premises Supervisor or a nominated member of staff.

   

  6.              CD4              Every incident of crime or disorder in the premises shall be reported via the text / pager or radio link other participating licensed premises by the Designated Premises Supervisor or a nominated member of staff.

   

  7.              CD5              The Designated Premises Supervisor, when present, and all members of staff shall ensure that all lawful instructions and/or directions given by the Police are complied with.

   

  8.              CD6              Door Supervisors shall be provided at the premises door to such a number as the management of the premises consider are sufficient to control the entry of persons to the premises and for the keeping of order in the premises when they are used for licensable activity.

   

  9.              CD8              A written record shall be kept on the premises by the Designated Premises Supervisor of every person employed on the premises as a door supervisor in a register kept for that purpose. That record shall contain the following details:

   

  a)              the door supervisor's name, date of birth and home address

  b)              his/her Security Industry Authority licence number

  c)              the time and date he/she starts and finishes duty

  d)              the time of any breaks taken whilst on duty

  e)              each entry shall be signed by the door supervisor

   

  That register shall be available for inspection on demand by an Authorised Officer of the Council, the Security Industry Authority or a Police Constable.

   

  10.              CD9              No person in possession of a drink in a sealed or unsealed container shall be allowed to enter the premises except for the purposes of delivery.

   

  11.              CD11              No drink shall be removed from the premises in an unsealed container.

   

  12.              CD12              A tamper proof CCTV system shall be installed at the premises in liaison with and to the satisfaction of the Cumbria Police Licensing  and Community Safety Officers and shall be used to record during all hours that a licensable activity takes place on the premises.

   

  13.              CD14              Where CCTV equipment is fitted, it shall be maintained in good working order in accordance with the manufacturer's instructions.

   

  14.              CD15              A written record shall be kept every time images are recorded by CCTV and shall include details of the recording medium used, the time and date recording commenced and finished. This record shall identify the person responsible for the recording and shall be signed by him/her. Where the recording is on a removable medium (i.e. videotape, compact disc, flash card etc.), a secure storage system to store those recording mediums shall be provided.

   

  15.              CD16              The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 31 days.

   

  16.              CD18              There shall be in place for the premises a written admissions policy to prevent the sale or supply of alcohol to persons under 18 years of age.   That policy shall require any person who appears to be under the age of 18 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) a citizen card supported by the Home Office, a photo driving licence, a passport or office HM Forces or EU ID card bearing photo and date of birth.

   

  17.              CD19              A notice or notices shall be displayed in and at the entrance to the premises where they can be clearly seen and read and shall indicate that it is unlawful for persons under 18 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 18 years of age.

   

  18.              CD22              There shall be displayed at the entrance to the premises a sign, which is clearly visible to members of the public visiting those premises containing details of the trading hours under the Premises Licence, the licensable activities permitted on those premises and any maximum occupancy level set for the premises.  (See also CD17).

   

  19.              CD25              There shall be in force for the premises a Drugs search policy for prospective customers which shall be developed in liaison with and to the satisfaction of Cumbria Police Licensing officer for the area concerned.

   

  20.              CD27              The Licence Holder and/or the Designated Premises Supervisor or a person nominated by them shall actively participate and be a member of a Pubwatch scheme for the area within which the premises is located.

   

  21.              CD29              Incidents of crime and disorder which occur on or near to the premises which, cause concern to DPS or other employees of the venue will be recorded in writing and reported to the Pubwatch committee in line with the Pubwatch constitution.

   

  22.              PS3              All parts of the premises shall at all times be kept free from defect and no changes, alterations of any kind to the surface finish or coverings including furniture and flooring on any part of the premises shall be made without the prior approval of the Council.

   

  23.              PS6              All exits and escape routes to those exits (including external escape routes) from the premises shall be provided with slip resistant even surfaces and shall be maintained in good repair, correct working order and kept free from all obstructions when the public are on the premises.  External escape routes shall also be kept free from ice and snow.

   

  24.              PS7              The nosings on all steps and landings shall be maintained so that they are clearly visible by painting them in contrasting colours or other similar means.

   

  25.              PS8              All doors or gates both inside and outside the premises which are on an escape route shall be fitted only with approved fasteners and shall at all times be properly maintained, free from obstruction and be capable of being opened easily and fully so that they do not restrict the public leaving the premises and shall open in the direction of the escape route.

   

  26.              PS9              Where a door on an escape route opens against the direction of exit travel, it shall be locked in the open position by a tamper-proof fastening when the public uses the premises and there shall be a clearly visible notice in capital letters which contains the following words, “THIS DOOR SHALL BE KEPT LOCKED IN THE OPEN POSITION WHEN THE PREMISES ARE OCCUPIED” displayed in a clearly visible position next to the door.

   

  27.              PS10              All exit doors and gates from premises or enclosure(s) surrounding it shall be capable of being opened by any person without the use of a key, card, code or other similar means and be kept free from all fastening devices when the premises are open to the public. 

   

  28.              PS11              All exit routes and doors on such routes shall be checked on every occasion before the premises is used for purposes of a licensable activity and at regular occasions when the premises are open to the public to ensure that they are free from defect, obstruction, trip hazards and surfaces are not slippery.  A record of such inspections, any defects discovered and the remedial action taken shall be made in writing in a logbook kept for that purpose. That logbook shall be made available for inspection on demand to an Authorised Officer of the Council, a Fire Officer or a Police Constable.

   

  29.              PS12              The method of opening any exit door or gate from the premises or enclosure(s) surrounding it shall be clearly displayed immediately above or below the fastening in white block lettering on a green background in letters not less than 50 mm high.

   

  30.              PS14              Where a fire-resisting door is fitted within the premises and that door is required to be kept closed at all times then the door shall be clearly marked on both sides with a sign bearing the words "FIRE DOOR KEEP CLOSED" in block letters not less than 50mm high and clearly visible when the premises are open to the public.

   

  31.              PS16              Any door or gate in the premises which is not an exit door or gate shall have a sign bearing the word "PRIVATE" in block letters not less than 50 mm high.

   

  32.              PS18              The furniture or seating in premises shall be arranged so that it does not obstruct any exit, route to any exit or to any facility within the premises.

   

  33.              PS21              The premises shall be maintained so that the following fire retardancy standards are complied with:

   

  (i)              All upholstered seating meets on a continuous basis the pass criteria for smouldering ignition source 1 and crib ignition source 5 when tested in accordance with section 5 of BS 5852:1990.

  (ii)              All repairs or refurbishment of existing seating or upholstery shall include the removal of untreated polyurethane foam and its replacement by fillings which conform to the Furniture and Furnishings (Safety) Regulations 1988 (as amended).

  (iii)              Carpets - BS 4790 low radius of spread.

  (iv)              Walls and Ceilings - Circulation areas, Building Regulations. Class O General Areas, BS 476 Class 1. 

  (v)              All artificial foliage, floral decorations or any other decoration provided on the premises shall be of inherently flameproof material.

   

  34.              PS23              No curtain, hanging or any other decoration shall be positioned so as to obstruct any exit, sign or fire fighting equipment.  Curtains covering doorways should be divided down the middle and so hung that the lower edge of the curtain does not touch the floor.  They should not obstruct notices, exit signs, fire fighting equipment, etc.

   

  35.              PS24              At all times when the premises are used for the purpose of the *Licence/or Club Premises Certificate, the Licence Holder, a Club Official, Manager or Designated Premises Supervisor who is responsible for the management of the premises shall at all times be aware of the number of persons on the premises and shall if requested to do so give that information to an Authorised Officer of the Council, a Fire Officer or a Police Constable. (*delete as appropriate).

   

  36.              PS25              Printed notices shall be prominently displayed in the premises detailing the essential steps that must be taken if a fire is discovered or the fire alarm goes off or other emergency arises and how to call the Fire Service.

   

  37.              PS26              A person who is nominated for the purpose of taking control in the event of a fire, fire alarm, emergency or event which may effect the safety of persons attending the premises shall be on and in charge of the premises at all times when any licensable activity is being provided. 

  That person shall be responsible for calling the Fire Service in the event of any fire and that person shall also be responsible for meeting the Fire Service and advising them of the location of the fire.

   

  38.              PS27              Any outbreak of fire of any kind shall be reported to the Fire Service immediately and a written record shall be made in a logbook kept for that purpose.

   

  39.              PS29              Clear and unobstructed access shall be available to the premises for use by the emergency services and emergency service vehicles at all times.

   

  40.              PS30              There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.

   

  41.              PS31              At all times when the public are present, at least one person who holds a current recognised first aid certificate or award shall be present on the premises.  Where more than one such person is present their duties shall be clearly defined.

   

  42.              PS32              When the public, members or guests are present, the lighting levels in all parts of the premises shall be capable of providing sufficient illumination for the public, members or guests to leave the premises safely and there shall be at least one person who is nominated to switch on the house lights in an emergency situation. (Note where the premises are a theatre or cinema, a complete or substantially complete blackout may be permitted for production reasons provided that the exit signs shall be kept lit at all times).

   

  43.              PS33              All fire instruction signs shall be illuminated so that they can be easily read at all times when the public, members or guests are present on the premises.

   

  44.              PS34              The controls for the emergency lighting shall be protected from unauthorised use and accidental operation and the system designed so that the emergency lighting cannot be altered.

   

  45.              PS35              Every battery which is used to power an emergency light or exit sign shall be maintained in a fully charged condition at all times.

   

  46.              PS40              The premises shall be provided with adequate and accessible lavatory accommodation which shall at all times when the premises are in use be kept clean, ventilated, disinfected and supplied with hot and cold water, soap, toilet tissue, hand drying and sanitary towel disposal facilities as appropriate.

   

  47.              PS70              Where the regulated entertainment at the premises comprises mainly of fast dance music and the capacity of the premises exceeds (INSERT NUMBER). A "chill room" or "quiet area" shall be provided at the premises and shall have a free and easily accessible supply of drinking water and shall be supervised by a qualified First Aider.

   

  48.              PS71              Emergency Lighting will be tested in accordance with BS 5266 Part 1, 1999 Emergency Lighting. The results of the tests will be recorded in a logbook.  A satisfactory NICEIC (or equivalent) inspection report will be provided annually* to the Licensing Authority.

   

  49.              PS72              The fire alarm detection system will be tested in accordance with BS 5839 Part 1 2002 Fire Detection and Fire Alarm Systems for buildings.  The results of the tests will be recorded in a log book.  A satisfactory inspection report will be provided annually* to the Licensing Authority.

   

  50.              PS73              The electrical installation will be inspected and a satisfactory NICEIC (or equivalent) inspection report will be provided annually* to the Licensing Authority.

   

  51.              PS74              Any gas boiler, calorifier or other gas appliance will be tested on a regular basis and a satisfactory CORGI (or equivalent) inspection report will be provided annually* to the Licensing Authority.

   

  52.              PS76              Fire fighting equipment shall be provided throughout the premises at suitable locations and be appropriate to the risk to comply with BS 5306 Part 8, Selection and Installation of Portable Fire Extinguishers.

   

  53.              PS77              The extinguishers shall be hung on a wall bracket with the handle or carrying device approximately 1.1 metres from the floor.

   

  54.              PS78              Firefighting equipment shall be examined regularly by the manufacturer or other competent person and maintained and tested in accordance with BS 5306 Part 3, 2000.

   

  55.              PS79              All members of staff will be familiar with the operation of the firefighting equipment.

   

  56.              PS80              All staff shall be instructed and trained to ensure that they understand the fire precaution measures in the building and the procedure and action to be taken in the event of fire.

   

  57.              PS81              Practice fire drills shall be carried out at least once per year or at such additional times as required to train new staff.  A competent person will conduct the drills by operating the fire alarm so that staff can rehearse their specific task or duties.

   

  58.              PS82              All training and instruction shall be recorded in a log book.

   

  59.              PPN1              The licensed premises/club premises or the parts of the licensed premises/club premises edged in red on the attached plan of the premises may be open to the public/members of the club and their guests between the hours of (insert hours) on the following days (insert days). 

   

  60.              PPN2              The licensable activity/club qualifying activity namely (specify activity) is permitted to take place on the licensed premises/club premises in those parts of the plan edged in (specify colour) on the attached plan of the premises between the hours of (insert hours) on the following days (insert days).

   

  61.              PPN3              No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.

   

  62.              PPN4              All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency.

   

  63.              PPN5              The noise level from the premises whilst being used for public entertainments purposes shall not cause nuisance to noise sensitive dwellings in the vicinity.

   

  64.              PPN8              Refuse such as bottles shall be disposed of from the premises at a time when it is not likely to cause a disturbance to residents in the vicinity of the premises.

   

  65.              PPN9              There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.

   

  66.              PPN11              There shall be provided at the premises containers for the storage and disposal of waste foods and other refuse from the premises.  Those containers shall be constructed, maintained and located so that access to them by vermin and unauthorised persons is prevented and arrangements shall be made for the regular lawful disposal of their contents. 

   

  67.              PPN12              Where the premises provide food to the public for consumption on or off the premises there shall be provided at or near the exits, sufficient waste bins to enable the disposal of waste food, food containers, wrappings etc.

   

  68.              PCH2              No person under the age of 12 years, unless they are accompanied by a person over 18 years, shall be permitted on the premises at any time between 2200 and 0200 when the premises are being used for the purposes of a licensable activity other than the supply of alcohol.