ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
General
Following an assessment of the premises and its surrounding area the following is proposed:
30 minute "drinking up" time will allow appropriate dispersal, use of lavatories etc
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.
ALL LICENCING LAWS AND POLICIES AS CODED BELOW TO BE ADHERED TO.
The prevention of crime and disorder
A method of communicating with other participating licensed premises by way of text / pager or radio links shall be provided at the premises.
Any text / pager or radio link provided for communication with the other licensed premises shall be kept in good working order at all times.
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.
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.
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.
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.
No drink shall be removed from the premises in an unsealed container.
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.
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.
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).
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.
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.
Following a meeting with the Police, the following Conditions have been added
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.
Note: The conditions may have to be amended to include specific reference to times, dates and licensable activities and number of door supervisors dependant upon the representation(s) made by a responsible authority or the content of the operating schedule.
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.
A tamper proof CCTV system shall be installed at the premises in liaison with and to the satisfaction of the Cumbria Police Licensingand Community Safety Officers and shall be used to record during all hours that a licensable activity takes place on the premises.
A CCTV camera shall be installed at the locations marked, "CCTV CAMERA" on the plan of the premises.
Where CCTV equipment is fitted, it shall be maintained in good working order in accordance with the manufacturer's instructions.
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
The images recorded by the CCTV system shall be retained in unedited form for a period of not less than 31 days.
Public safety
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
At all times when the premises are used for the purpose of the *licence/or 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). (See also CD17).
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.
Where the water supply to any hydrant, hose reel, sprinkler, drencher or any other fire extinguishing installation is cut off or restricted the Fire Service shall be notified immediately.
Clear and unobstructed access shall be available to the premises for use by the emergency services and emergency service vehicles at all times.
There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials.
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).
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.
Every battery which is used to power an emergency light or exit sign shall be maintained in a fully charged condition at all times.
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.
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.
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.
The prevention of public nuisance
No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.
All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency.
The noise level from the premises whilst being used for public entertainments purposes, shall not cause nuisance to noise sensitive dwellings in the vicinity.
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.
There shall be no emission from the premises of any offensive smells, which are likely to cause a nuisance.
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.
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.
No light from or on the premises and any other light under the control of the premises shall be provided where that light causes a nuisance to any nearby premises.
The protection of children from harm
No person under the age of 12 years, unless they are accompanied by a person over 18 years, shall be shall be permitted on the premises at any time between 10.00 p.m. and 7.00 a.m.* when the premises are being used for the purposes of a licensable activity other than the supply of alcohol. (* insert appropriate times)
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.