Public Entertainment Conditions
The licensed premises shall be closed for the public entertainments herein permitted on Sundays and Christmas Day unless the Council issues a written consent to vary this condition.
The licensed premises shall not be kept or used for the purpose of public
entertainments except between the hours of (Noon and 11pm) without the written
consent of the Council.
Any authorised Officer of the Council, the Fire Authority or any Police Constable
may, on production if so required of his authority, at the times permitted under the
Local Government (Miscellaneous Provisions) Act 1982 enter the premises and
inspect them with a view to seeing whether the terms, conditions or
restrictions of this licence are being complied with.
The Licensee shall be fully responsible for the carrying, out of each and every one of these terms and conditions and for the safety of the public and employees in the event of fire or panic, and shall ensure that he complies with all relevant legislation relating to the use of the premises.
For every breach of the terms of the licence or those Regulations, the Licensee is liable on summary conviction to a fine not exceeding level five and the licence may be revoked.
The Licensee or some other responsible person nominated by the Licensee in writing shall be in charge of and upon the licensed premises during the whole of the time that they are being used for the purpose aforesaid and there shall also be during that time sufficient staff of competent attendants on duty on the premises. The person in charge shall not be engaged in any duties which will prevent him from exercising general supervision.
On the licensed premises whilst the said premises are being used for the public entertainment there shall be installed a telephone to which the person in charge of the licensed premises shall have access at all times and a notice must be prominently displayed above the telephone stating "FIRE - DIAL 999"
The total number of persons to be accommodated in the premises whilst the premises are used for public entertainment shall not exceed and a notice shall be prominently displayed in the entrance to the premises which clearly indicates the maximum number of persons allowed on the premises at any one time.
The Licensee shall ensure that all persons entering and leaving the premises are counted by his employees or agents using counting machines or other methods approved by the Licensing Authority. The total recorded on each counting machine shall at all times be available for inspection by an Officer of the Licensing Authority, the Fire Authority, or the Greater Manchester Police.
The Licensee shall employ an employee or agent as an attendant at each exit door in normal use from the licensed premises from 11.00pm until all persons have left the premises.
Any exhibition, demonstration or performance (hereafter referred to as a "performance") of hypnotism (as defined in the Hypnotism Act 1952) on any person will require the express written consent of the licensing authority and must comply with the following conditions. The Authority may consent either under the terms of a public entertainments licence or under the provisions of the Hypnotism Act 1952.
Publicity
(a)no poster, advertisement or programme for the performance which is likely to cause public offence shall be displayed, sold or supplied, by or on behalf of the licensee either at the premises or elsewhere;
(b) every poster, advertisement or programme for the performance which is displayed, sold or supplied shall include, clearly and legibly, the following statement:
"Volunteers, who must be aged 18 or over, can refuse at any point to continue taking part in the
performance".
(c) the performance shall be covered to a reasonable level by public liability insurance. The hypnotist must provide evidence of this to the local authority if requested; and it must be available for inspection at the performance;
Physical arrangements
(d) the means of access between the auditorium and the stage for participants shall be properly lit and free from obstruction;
(e) a continuous white or yellow line shall be provided on the floor or any raised stage at a safe distance from the edge. This line shall run parallel with the edge of the stage for its whole width. The hypnotist shall inform all subjects that they must not cross the line while under hypnosis, unless specifically told to do so as part of the performance;
Treatment of audience and subjects
(f) before starting the performance the hypnotist shall make a statement to the audience, in a serious manner, identifying those groups of people who should not volunteer to participate in it; explaining what volunteers might be asked to perform; informing the audience of the possible risks from embarrassment or anxiety; and emphasising that subjects may cease to participate at any time they wish. The following is a suggested statement, which might be amended as necessary to suit individual styles so long as the overall message remains the same:
"I shall be looking for volunteers aged over 18 who are willing to be hypnotised and participate in the show. Anyone who comes forward should be prepared to take part in a range of entertaining hypnotic suggestions but can be assured that they will not be asked to do anything which is indecent, offensive or harmful. Volunteers need to be in normal physical and mental health and t must ask that no-one volunteers if they have a history of mental illness, are under the influence of alcohol or other drugs or are pregnant".
(g) no form of coercion shall be used to persuade members of the audience to participate in the performance. In particular, hypnotists shall not use selection techniques which seek to identify and coerce onto the stage the most suggestible members of the audience without their prior knowledge of what is intended. Any such of such selection techniques (e.g. asking members of the audience to clasp their- hands together and asking those who cannot free them again to come onto the stage) should only be used when the audience is fully aware of what is intended and that participation is entirely voluntary at every stage,
(h) if volunteers are to remain hypnotised during an interval in the performance, a reasonable number of attendants as agreed with the licensing authority shall be in attendance throughout to ensure their safety;
Prohibited Actions
(i) the performance shall be so conducted as not to be likely to cause offence to any person in the audience or any hypnotised subject;
(j) the performance shall be so conducted as not to be likely to cause harm, anxiety or distress to any person in the audience or any hypnotised subject. In particular, the performance shall not include:
(ii) any suggestion that the subject has lost something (e.g. a body part) which, if it really occurred, could cause considerable distress;
(iii) any demonstration in which the subject is suspended between supports (so-called "catalepsy),
(iv) the consumption of any harmful or noxious substance;
(v) any demonstration of the power of hypnosis to block pain (e. g. pushing a needle through the skin);
any suggestion involving the age regression of a subject (i.e., asking the subject to revert to an earlier age in their life; this does not prohibit the hypnotist from asking subjects to act as if they were a child etc);
(k) the performance shall not include giving hypnotherapy or any other form of treatment,
Completion
(l) all hypnotised subjects shall remain in the presence of the hypnotist and in the room where the
performance takes place until all hypnotic suggestions have been removed;
(m) all hypnotic or post-hypnotic suggestions shall be completely removed from the minds of the subjects and the audience before the performance ends.
All hypnotised subjects shall have the suggestions removed both individually and collectively and the hypnotist shall confirm with each of them that they feel well and relaxed (the restriction on post-hypnotic suggestions does not prevent the hypnotist telling subjects that they will feel well and relaxed after the suggestions are removed);
(n) the hypnotist shall remain available for at least 30 minutes after the show to help deal with any problems which might arise. (Such help might take the form of reassurance in the event of headaches or giddiness but this condition does not imply that the hypnotist is an appropriate person to treat anyone who is otherwise unwell).
Authorised Access
(o) where:
(i) a constable; or
(ii) an authorised officer of the licensing authority; or
(iii) an authorised officer of the fire authority
has reason to believe that a performance is being, or is about to be, given he may enter the venue with a view to seeing whether the conditions on which approval for the performance was granted are being complied with.
19. No public entertainment which is obscene, offensive to public decency or calculated to excite any breach of the peace shall be allowed.
20. Whilst the premises are being used for the public entertainment drunkenness or other disorderly conduct shall not be permitted in case any disorderly conduct should occur the licensee shall assist in the capture, expulsion and conviction of the offenders.
21. i) No person engaged in vetting customers, maintaining public order, or engaged in the care and control of customers, (hereinafter referred to as security staff), whether it be permanently or occasionally, can be engaged as security staff until they have been registered by the Security Industry Authority (SIA).*
*As amended by The Private Security Industry Act 2001 (Modifications of Local Enactments Order 2004)
ii) The licensee must ensure that all security staff shall, whilst so employed, wear an identification badge issued in accordance with the SIA Scheme.
iii) Where the licensee or his employer engages any person(s) at any premises licensed by
Oldham Metropolitan Borough Council for Public Entertainment in the capacity of security staff, the licensee shall maintain a log in a form approved by the Council, showing in respect of each period of duty of that person:
(a) the name, date of birth and residential address of that person and registration number.
(b) the time at which he/she commenced that period of duty with a signed acknowledgement by that person;
(c) the time at which he/she finished the period of duty with a signed acknowledgement by that person;
(d) any times during the period of duty when he/she was not on duty;
(e) if that person is not an employee of the licensee or his/her employer, the name of the person by whom that security person is employed or through whom the services of that person were engaged.
The log shall be so kept that it can be readily inspected at any time during which the premises are licensed for Public Entertainment or at any other reasonable time, by an authorised officer of the Council or a Police Officer and once a log has been completed, it must be retained on the premises for at least twelve months.
iv) The Licensee, shall, as soon as is reasonably practicable, notify the Oldham Metropolitan Borough Council of any security staff dismissed or warned by the licensee for serious misconduct which might reasonably affect the continuation of, or renewal of such security staffs' registration e.g. serious misconduct will include, but is not limited to, unprovoked attack on any customer or abusive or aggressive behaviour, drinking on duty and/or being unfit through drink or drugs, repeated failure to comply with the conditions off the Doorsafe Registration
A licensee, when requested, shall identify by name those persons employed by him to a police Officer or Authorised Officer of the Council.
v) The licensee shall ensure that all security staff are given adequate oral and written instruction in respect of their duties under the Doorsafe Registration Scheme.
vi) No licensee shall employ security staff in circumstances where their Doorsafe Registration, whether provisional or full, has been suspended or revoked or where any licence has expired.
22. The Licensee shall take reasonable precautions to ensure that noise does not emanate from the licensed premises such as to cause persons in the neighbourhood to be unreasonably disturbed.
23. The Licensee shall take reasonable steps to ensure that persons leaving the licensed premises conduct themselves in an orderly manner and do not cause annoyance to local residents and/or passers-by.
24. Whilst the premises are being used for the public entertainment, electrical installations must comply with any applicable Rules and Regulations affecting the use of electricity for the time being in force and every two years the Licensee must obtain a certificate of safety provided by a registered electrical contractor or competent electrical engineer on behalf of the Licensee indicating that the installation is maintained in a safe and satisfactory condition. This certificate shall be submitted to the Council on request. Applications for FIRST grant of a licence shall be accompanied by the Electrical Certificate.
25. All parts of the licensed premises whilst being used for the public entertainment shall be properly and sufficiently heated and ventilated.
26. The ceilings of premises used for the public entertainment must be inspected and examined at least every five years, by a competent architect or surveyor on behalf of the licensee and his report shall be submitted to the Executive Director, Environmental Services within seven days of such examination.
27. The noise from the premises whilst being used for the public entertainment shall not exceed the level that may be prescribed by the Council.
28. The premises shall be provided with such means of escape in case of fire for all persons resorting thereto as may be reasonably required by the Council and shall be maintained in an efficient manner at all times. The means of ingress and egress and the passages and gangways shall during the whole time that the licensed premises are used for the public entertainment be kept free and unobstructed.
29. The general fire precaution arrangements shall be approved by the Council and shall at all times be maintained to a standard satisfactory to the Council and all persons employed in the premises shall be given instructions and training in the procedure to adopt in case of fire.
30. Such portable fire extinguishers as may be considered b y the Council to be required shall be provided at approved positions in the premises and shall be maintained in an efficient state in food working order and repair.
31. The whole of the premises to which the public have access (including toilet areas) shall be provided with an emergency (battery) supply of illumination, arranged to come into operation automatically on the failure of the main supply. Such system shall be capable of maintaining the necessary level of illumination for a period of three hours from the time of failure or disconnection of the normal supply and may be either self-contained battery powered lighting units incorporating their own charger, or powered from a central source within the premises. In the latter case, all wiring to be in M.I.C.C. or P.V.C. insulated copper cable in screwed metal conduit. The whole installation to be in accordance with B.S. 5266 : Part 1: 1988.
32. The premises shall be provided with adequate sanitary accommodation which shall be effectively maintained, cleansed, ventilated, disinfected and supplied with all proper requisites.
33. The Licensee, before installing any laser equipment or pyrotechnic device in the premises shall notify the Executive Director, Environmental Services of his intention to do so. Thereafter, such equipment shall be installed, maintained and operated in accordance with a Code of Practice to be specified by the Executive Director, Environmental Services.
34. Reasonable provision be made to cater for the needs of the disabled by way of access and egress to and from the premises, internal circulation, and the provision of appropriate toilet facilities.
35. All doors which are normally used as emergency exits only should be fitted with an alarm or other such device as shall be approved by the Council, which is activated whenever the doors are opened. The alarm must be clearly distinguishable from any fire alarm within the building and should sound in an area permanently manned by management/staff whilst the premises are occupied.
36. One of the following protective measures shall be used for all socket outlets which may be used for the connection of lighting, video or sound amplification equipment and display models.
(a) Each socket outlet circuit shall be protected by a residual current device having rated residual operating current not exceeding 30mA.
(b) Each individual socket outlet shall be protected by an integral residual current device having a rated residual operating current not exceeding 30mA.
The correct operation of all residual current devices shall he checked regularly by pressing the test button. if the device does not switch of the supply, an electrical contractor should be consulted. At the same time. action should be taken to prohibit the use of socket outlets associated with a faulty residual current device.
First Schedule (General Conditions Of Licence)
Notification of Dates
1. With regard to licences for particular occasions, the Performances licensee shall send to the Clerk of the Licensing Authority (Executive Director of Environment and Transportation) not less than fourteen days before it is intended to perform a play or series of plays, particulars of the dates when the premises will be open to the public, provided that this requirement shall not apply in the case of an occasional licence granted for one or more specific dates shown in the licence.
Hours of Closing
2. Except with the permission of the Licensing Authority, the premises shall not be open for the public performance of a play on any Sunday, Christmas Day or Good Friday, or after 11.30 pm on any other night.
Charge of Licensed Premises and Attendants
3. The Licensee, or a responsible person nominated by him in writing for the purpose, shall be present and in charge of the premises during the whole of the time that they are open to the public. During that time, there shall be on duty in the premises such number of attendants as may be required by the Licensing Authority. The attendant or attendants with primary responsibility for ensuring that the public leave the premises safely in the event of an emergency shall be not less than 18 years of age.
Maintenance of Order
4. The person in charge of the premises shall to the best of his ability maintain and keep good order and decent behaviour on the part of the audience in the premises during the hours of public performance.
Overcrowding
5. Overcrowding in such a manner as to endanger the safety of the public or unduly to interfere with their comfort shall not be permitted in any part of the premises.
Obstructions in gangways etc
6. All gangways, staircases and exit doors and passages. Shall be free from obstruction during the whole time the premises are open to the public.
Seating and Gangways
7. (a) The seating arrangements and gangways in the auditorium shall be to the satisfaction of the Licensing Authority.
(b) Passageways or gangways shall be provided leading direct to the exit doors together with such other gangways as the Licensing Authority may require. All such passages and gangways shall be not less than 3'6" wide
Chairs
8. (a) Where chairs are used in premises which are to accommodate 250 or more persons they shall be battened together in lengths of not less than four and not more than twelve chairs and where more than 400 persons are to be accommodated the chairs adjoining front, back or cross gangways and exits shall be secured either by fixing to the floor or by such other means as are acceptable to the Licensing Authority.
(b) In any portion of the premises which is solely used for a closely seated audience all seats shall be securely fixed to the floor.
(c) There shall in all cases by an unobstructed seatway of not less than 10 inches in depth in the case of chairs with fixed seats and 12 inches in depth (measured with seat raised) in the case of tip-up seats. Where seatways of this width are used, no seat shall be more than 12 feet from a gangway measured in the line of seating. Provided that where the seatway is at least 15 inches in width, no seat shall be more than 15 feet from a gangway. Seatway widths shall be measured between perpendiculars, between the back of one seat and the foremost portion of the seat, arm or frame behind.
Floor coverings
9. Floor coverings where used, shall be secured so as to prevent rucking or be in any way a source of danger to members of the public,
Curtains and Drapings
10. All curtains or drapings covering doorways shall be hung so as to slide easily, one half to each side of the doorway and so arranged that the bottom of the curtains shall hang clear of the floor.
Exit Doors
11. (a) The size and position of all exit doors or openings from the premises shall be to the satisfaction of the Licensing Authority. Subject to the provisions below, all exit doors shall open outwards and be clear of any steps. Fastenings, other than automatic panic bolts, shall be made inoperative whilst the public are present on the premises. Provided that any doors which do not open outwards shall be locked back in the open position throughout the time the public are present.
(b) Exit and other doors on exit routes fitted with panic bolts shall be clearly marked "PUSH BAR TO OPEN" in 4" block lettering by a notice situated immediately above the bar to which it relates.
(c) Where necessary, the nosing of steps in the premises to which the public have access shall be maintained conspicuous to the satisfaction of the Licensing Authority.
(d) Any door off the auditorium or exit-ways which does not lead to an exit shall be subject to such conditions as the Licensing Authority may direct.
Exit Signs
12. (a) The word "EXIT" in letters not less than 5 inches in height shall be kept exhibited over each exit door. Each exit indication notice shall be clearly illuminated by a source other than the mains lighting throughout the time the public are present in the absence of daylight. Directional arrows shall be incorporated at exit indication notices where any doubt arises on the exit route.
(b) All new and replacement signs, and existing signs where so directed by the Licensing Authority, shall comply with British Standard 2560, 1954.
Stairways
13. Where practicable, a continuous and uninterrupted handrail shall be fixed on both sides of all staircases and landings used by the public but such handrail shall not project more than three and a half inches. Where the staircases are eight feet in width and upwards, a central handrail shall be provided, properly supported and secured to the steps. Similar handrails shall be provided on any ramp, the slope of which exceeds 1 in 10.
Ceilings
14. (a) The Licensee shall report to the Licensing Authority whenever it is proposed to redecorate or erect scaffolding in the public part of the premises, and shall then arrange for the ceiling of such part of the premises to be examined on his behalf by a competent technical adviser. The licensee shall notify the Licensing Authority of the examination, end shall permit a technical officer on behalf of the Licensing Authority to be present to ensure that such examination is as thorough as circumstances will allow.
(b) If redecoration does not take place within five years from the date of the last inspection of the ceiling of the premises, or if the Licensing Authority shall at any time so require, a special inspection and examination of such ceiling shall be carried out on behalf of the licensee by a competent technical adviser. The licensee shall notify the Licensing Authority of the examination, and shall permit a technical officer on behalf of the Licensing Authority to be present for the purpose aforesaid.
(c) The presence of a technical officer representing the Licensing Authority will not relieve the Licensee of his primary responsibility for the safety of the premises.
(d) Whenever any such inspection and examination is carried out, a certificate shall be furnished by the licensee to the Licensing Authority.
Safety Curtain
15. In premises where a safety curtain is fitted to the proscenium opening, it shall be clearly marked as such on the auditorium side and shall be lowered at least once during each performance in the presence of the audience.
Toilets
16. (a) All water closets and urinals shall at all times be kept in good working order and repair, and be properly and effectively cleansed, ventilated, disinfected and supplied with water.
(b) The position of toilets for both sexes shall be clearly indicated.
Electrical
17. (a) The electrical installation shall be to the satisfaction Installation of the Licensing Authority having regard to their approved standard which in general is a screwed steel conduit installation, or its equivalent, efficiently earthed, and with switches, socket outlets etc., mounted in or on metal boxes, the main switchgear being mounted on a metal framework. Any adaptation, modification or extension to the electrical installation shall in all cases conform to the then current Regulations for the Electrical Equipment of Buildings issued by the Institution of Electrical Engineers.
(b) If the Licensing Authority so direct, a certificate of safety shall be provided by a registered Electrical Contractor, or competent electrical engineer, on behalf of the Licensee indicating that the installation is maintained in a safe and satisfactory condition.
General Lighting
18. (a) All parts of the premises to which for the time being the publics have access shall, unless adequately lighted by daylight be provided with adequate illumination, hereinafter called the general lighting.
(b) The main switchgear and distribution boards controlling the general lighting system shall not be within the stage area. If auxiliary switchgear is provided in the stage area for controlling the general lighting in the auditorium, over-riding means of control shall be provided away from the stage area in a position approved by the Licensing Authority, and shall be so arranged and protected that any fault in the electrical circuits in the stage area will not affect the general lighting of the auditorium.
Safety Lighting
19. (a) There shall be provided in those parts of the premises accessible to the public such means of illumination from a• separate source from that of the general lighting as the Licensing Authority may require. (This lighting is hereinafter referred to as the "safety lighting").
(b) The safety lighting system shall be seen to be operative immediately prior to each occasion on which the public are admitted to the premises.
(c) Where trickle charged safety lighting batteries are installed, the change-over contractor shall be to British Standard 764 and shall be checked for operation along with the whole system immediately prior to each occasion on which the public are admitted. A log book shall be kept recording the carrying out of such checks.
Temporary Electrical Installations
20. (a) Temporary wiring for lighting or equipment shall be installed to comply with the appropriate requirements relating to temporary installations specified in the current edition of The Regulations for the Electrical Equipment of Buildings issued by The Institution of Electrical Engineers.
(b) The person installing the temporary installation shall take full responsibility for the safe use and disconnection after use of such installation, and his name and designation shall be displayed at the stage switchboard position.
Stage Lighting
21. All stage lighting equipment shall be so installed and erected so as to prevent contact with scenery or other combustible materials.
Gas Lighting
22. All gas lighting fittings shall be provided with mantles and shall be suitably enclosed and protected.
Failure of Lighting
23. If there is a failure of electric lighting (general or 'safety) the public shall be instructed to leave the premises by the end of one hour of continued failure. If there is a failure of gas lighting whether used for general or safety lighting, the public shall be instructed to leave the premises forthwith.
Reports of Outbreaks Fires
24. (a) At all times when the public are present it shall be Of the specific duty of at least one responsible person to call the Fire Brigade in case of fire or any suspected fire. Such person(s) should know the location of the nearest telephone and the nearest alternative telephone, and be familiar with the emergency method of calling the Brigade.
(b) A notice shall be kept on the premises giving instructions concerning the quickest available method of calling the Brigade.
Fireman
25. If required by the Licensing Authority a competent person shall be in charge of fire precautions during the whole time the premises are open to the public. He shall have no duties that will prevent him from being immediately available in the event of a fire, and he shall be responsible for the following duties:-
(i) To check the fire equipment before the public enter the premises
(ii) To be ready to use the equipment quickly and efficiently;
(iii) To see that exits and exit routes are kept free from obstruction.
Fire Appliances
26. Fire appliances shall be provided and maintained to the satisfaction of the Licensing Authority. All fire extinguishers shall be mounted in a manner approved by the Licensing Authority. Arrangements shall be made whereby the fire appliances receive regular inspection and maintenance and a record kept.
Fire Blanket
27. At least one asbestos or heavy woollen blanket shall be provided and sited so as to be readily available for use on the stage and/or in the dressing rooms. The following notice shall be prominently displayed adjacent to the blanket - "FIRE BLANKET",
Scenery and Decorations and testing thereof
28. (a) All scenery, wings, borders, cloths, draperies, gauze cloths, artificial floral decorations, properties, hangings and curtains, on the stage or in the auditorium, shall be of either inherently flame retardent materials or be rendered so and maintained in that condition. Highly inflammable and readily ignitable materials such as paper, celluloid and cotton wool shall not be used.
(b) Ply wood or other thin wood shall not be used in the construction of scenery except in accordance with such conditions as may be required by the Licensing Authority.
(c) To ensure compliance with this condition scenery and drapes may be tested by any authorised officer of the Lancashire Fire Brigade.
Real Flame and Dangerous Materials
29. (a) Naked Flames or lights, flash powder, explosives, or highly inflammable materials shall not be used except with the permission of the Licensing Authority. When such materials are
Used, suitable precautions shall be taken to prevent outbreaks
of fire resulting therefrom.
(b) Such materials shall be used only when essential to the action as distinct from the atmosphere of the performance.
Smoking
30. (a) Smoking shall be strictly prohibited in the stage and dressing room areas and notices to this effect shall be prominently displayed in suitable places.
(b) Smoking shall be strictly prohibited on the stage except where it is necessary in connection with the performance. Notice to this effect shall be prominently displayed in suitable places.