EMBEDDED CONDITIONS - ON LICENCE
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
(a) On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10:00 to 23:00
(b) On Sundays, other than Christmas Day or New Year’s Eve, 12:00 to 22:30
(c) On Good Friday, 12:00 to 22:30
(d) On Christmas Day, 12:00 to 15:00 and 19:00 to 22:30.
(e) On New Year’s Eve, except on a Sunday, 10:00 to 22:30.
(f) On New Year’s Eve on a Sunday, 12:00 to 22:30.
(g) On New Years Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day.
The above restrictions do not prohibit:
(a) during the first twenty minutes after the above hours the consumption of the alcohol on the premises;
(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.
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.
ON-LICENCE, WITH CHILDREN’S CERTIFICATE
1. 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;
2. He is the child of the holder of the premises licence;
3. He resides in the premises, but is not employed there;
4. 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;
5. The bar is in the premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary; or
(a) He is in an area shown on the plan attached to the licence;
(b) Meals and non-alcoholic beverages are available for sale for consumption in that area;
(c) He is in the company of a person aged 18 years or over; or
(d) He is there prior to 9 p.m.
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 - 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….. 80
(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….. 100
Additional Conditions
1. The inward opening closed doors at the exit onto King Street should be secured in the open position whenever the licensed premises are occupied;
2. The edge of the performance platform must be made conspicuous;
3. The disused propane gas cylinder must be removed from the store cupboard;
4. 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 and emergency; and
5. The gaming machines must be moved to allow full exit width.
PUBLIC ENTERTAINMENT LICENCE - STANDARD CONDITIONS
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. The supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
Mandatory Condition where the licence authorises the exhibition of films
Where a club premises certificate authorises the exhibition of films, the certificate must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this condition.
Where the film classification body is specified in the certificate, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendations made by that body.
Where -
(i) the film classification body is not specified in the licence; or
(ii) the relevant licensing authority has notified the premises which holds the certificate that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.
In this section -
“children” means persons aged under 18; and
“film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).
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.