ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
Embedded Conditions
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means the hours permitted by this licence.
The above restrictions do not prohibit:
(a) during the first thirty minutes after the above hours the consumption of the alcohol on the premises;
(b) during the first thirty 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; or
(i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
(j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
Off Sales
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means the hours permitted by this licence.
The above restrictions do not prohibit:
(a) during the first thirty 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;
() 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.
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;
(1) He is the child of the holder of the premises licence;
(2) He resides in the premises, but is not employed there;
(3) 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;
(4) 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.
General
Following an assessment of the premises and its surrounding area the following is proposed:
1. 30 minute "drinking up" time will allow appropriate dispersal, use of lavatories etc
2. In order to further the licensing objectives the licensee reserves the right to move the fire appliances, AWP machines, cigarette machines and or any other similar objects temporarily in a fixed location which may impact on the ability of individuals on the premises to use exits or escape routes without impediment.
3. Carlisle Licencing practices will be adhered to and full training given to staff in the 4 licencing objectives.
The prevention of crime and disorder
CD1
A method of communicating with other participating licensed premises by way of text / pager or radio links shall be provided at the premises.
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.
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.
CD4
Every incident of crime or disorder in the premises shall be reported via the text / pager or radio link to other participating licensed premises by the Designated Premises Supervisor or a nominated member of staff.
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.
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.
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.
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.
CD11
No drink shall be removed from the premises in an unsealed container.
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 official HM Forces or EU ID card bearing photo and date of birth.
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.
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.
All of the above will be adhered to.
Public safety
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.
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.
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.
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.
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.
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.
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.
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.
PS20
Before the premises are opened for the purposes authorised by the licence an inspection shall be carried out to ensure that the premises are safe for use. Details of the inspection, defects discovered and remedial action taken shall be recorded 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.
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 - B.S.4790 low radius of spread.
(iv) Walls and Ceilings - Circulation areas, Building Regulations. Class O General Areas, B.S.476 Class1.
(v) All artificial foliage, floral decorations or any other decoration provided on the premises shall be of inherently flameproof material.
PS22
Where any furnishing or fitting in the premises including wall, floor and ceiling linings, requires further periodic treatment to maintain the surface spread of flame qualities, they shall be treated in accordance with the manufacturers specifications. When such treatment is carried out, a written record shall be made in the logbook kept for that purpose and a certificate showing the treatment has been carried out shall be obtained and retained for inspection by the Fire Authority.
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.
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.
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.
PS29
Clear and unobstructed access shall be available to the premises for use by the emergency services and emergency service vehicles at all times.
PS30
There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.
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).
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.
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.
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.
PS37
No temporary electrical wiring or distribution system shall be installed in the premises unless, the installation is carried out by a suitably qualified and competent person. The premises licence holder or Club Premises Certificate holder shall obtain a certificate from that person that the installation is fit for purpose and complies with British Standard 7671 and where applicable, British Standard 7909. A copy of that certificate shall be produced by the Premises Licence Holder or the Club Premises Certificate Holder if requested to do so by an Authorised officer of the Council or an Officer of the Cumbria Fire and Rescue Service.
PS38
Where any temporary electrical wiring or distribution system has been installed in any premises by a person who is not competent to do so, the premises licence holder or Club Premises Certificate holder installation shall have the installation inspected and certified in writing by a suitably qualified and competent person that it is fit for purpose and complies with British Standard 7671 and where applicable, British Standard 7909. A copy of that certificate shall be produced by the Premises Licence Holder or the Club Premises Certificate Holder if requested to do so by an Authorised officer of the Council or an Officer of the Cumbria Fire and Rescue Service.
PS39
A written notice has been served on the Council not less than ten days before any work commences unless this is not possible due to time constraints. In such cases written notice shall be served as soon as is practicable.
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.
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.
All the above will be adhered to.
The prevention of public nuisance
PPN3
No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.
PPN4
All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency.
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.
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.
PPN9
There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.
PPN10
Where there are any offensive smells created on the premises, provision shall be made for such smells to be vented from the premises so that they do not cause a nuisance to nearby premises.
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.
All the above will be adhered to.
The protection of children from harm
PCH1
No person under the age of 18 years shall be permitted on the premises when they are being used for the purposes of the supply of alcohol and/or the provision of regulated entertainment.
PCH16
The Premises licence holder and the designated premises supervisor shall at all times comply with the Portman Group Code of Practice and with the requirements or recommendations of any Portman Group Retailer Alert Bulletin.