Annex 1 - Mandatory conditions
19 Mandatory conditions where licence authorises supply of alcohol
(1) Where a premise licence authorises the supply of alcohol, the licence must include the following conditions.
(2) The first condition is that 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.
(3) The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
21 Mandatory condition: door supervision
(1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.
(2) But nothing in subsection (1) requires such a condition to be imposed -
(a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), or
(b) in respect of premises in relation to -
(i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or
(ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).
(3) For the purposes of this section -
(a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and
(b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.
ADDITIONAL MANDATORY CONDITIONS
1. (1) The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
(b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);
(c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner.
2. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
3. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
4. (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(2) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.
5. The responsible person shall ensure that-
(a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-
(i) beer or cider: ½ pint;
(ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and
(iii) still wine in a glass: 125 ml; and
(b) customers are made aware of the availability of these measures.
Annex 2 - Conditions consistent with the Operating Schedule
General - all four licensing objectives
We will train our staff to the standards required by relevant legislation. We will continue to observe the majority of Oldham Borough Council’s standard Public Entertainment Licence Conditions which can be attached as conditions on the grant of this premises licence.
The prevention of crime and disorder
We will provide a CCTV system to operate internally and externally around the premises. Any person who appears to be intoxicated will not be allowed entry into the premises. We will use radio pagers which will be monitored by a responsible member of staff. We will provide registered door supervisors when considered to be necessary.
Public safety
Free drinking water will be available during times of opening, as outlined in Box O. Attendants are employed to monitor toilet areas and will be provided at busy periods. Non-members will be signed in a book on entrance to the premises to monitor capacity levels for safety.
The prevention of public nuisance
When a disco is provided, it shall be situated towards the rear of the premises to avoid noise aggrevation. Reasonable steps will be taken to recognize the need of local residents and to encourage customers to leave quietly. Door supervisors will ensure as far as possible that any bottles or glasses are not removed from the premises.
Where flyers are used by premises, the premises shall be responsible for the removal of any discarded flyers from public areas. Where large numbers of flyers are found in public areas relating to the premises and the premises does not remove them without delay, they shall meet the cost of removal by the Council.
Posters advertising the premises or acts/events at the premises shall not be fixed to any building or structure without permission of the owner and planning permission where necessary.
The licence holder or his representative shall take all measures that are reasonably practicable to ensure that the licensed activities at the premises do not cause a noise disturbance to any nearby noise sensitive properties.
The protection of children from harm
Persons who appear to be under 21 will be required to produce proof of age before being allowed entry to the premises, purchasing or consuming alcohol. Suitable forms of identity will be specified in the training of all members of staff to ensure that they are aware of what the company regards as acceptable.
No person under the age of 18 will be allowed to enter or remain on the premise after 21:00.
8. 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.
9. 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.
13. 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.
14. 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"
15. The total number of persons to be accommodated in the premises whilst the premises are used for public entertainment shall not exceed 200 persons 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.
16. 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.
17. The Licensee shall employ an employee or agent as an attendant at each exit door in normal use from the licensed premises from 7:30pm to midnight until all persons have left the premises.
18.1 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.
Applications
18.2 An application for consent under Condition 18.1 shall be in writing and signed by the applicant or his agent and shall normally be made not less than 28 days in advance of the performance concerned. This period may be reduced in the case of a hypnotist who has performed at the same venue within the last three years without any problems occurring. The authority will normally respond within 7-14 days; less where the hypnotist has previously performed at the same venue. The applicant must at the same time forward a copy of the application to the chief officer of police; and the authority may also copy it to the local fire authority if it considers this necessary.
18.3 The application shall contain the following:
(a) the name (both real and stage, if different) and address of the person who will give the performance (hereafter referred to as the "hypnotist"), along with details of their last three performances (where and when); and
a statement as to whether, and if so giving full details thereof, the hypnotist has been previously refused, or had withdrawn, a consent by any licensing authority or been convicted of an offence under the Hypnotism Act 1952 or of an offence involving the breach of a condition regulating or prohibiting the giving of a performance of hypnotism on any person at a place licensed for public entertainment. (Refusal of consent by another authority does not necessarily indicate that the particular hypnotist is unacceptable and will not of itself prejudice the application).
18.4 The following conditions shall apply to any consent given
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".
Insurance
(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 thatt 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:
(1) 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 are registered by the SIA.
iii) Where the licensee or his employer engages any person(s) at any premises licensed 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 ;hall 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.
IF YOU HOLD A FIRE CERTIFICATE ISSUED UNDER THE FIRE PRECAUTIONS ACT 1971 THEN ANY OF THE COUNCIL'S REGULATIONS RELATING TO FIRE SAFETY AUTOMATICALLY ARE SUPERSEDED BY THE REQUIREMENTS OF THE FIRE CERTIFICATE (SECTION 31 FIRE PRECAUTIONS ACT 1971).
Annex 3 - Conditions attached after a hearing by the licensing authority
“It shall be a condition of the licence that during any regulated drinks
promotion under this condition, the following conditions shall apply to the
operators licence.
Consumption of alcohol must not be permitted within one metre of the bar;
· One queue per bar should be formed of customers awaiting drinks.
· The start of the queue must be at least one metre from the bar and must be marshalled by barriers and signage;
· Consumption of alcohol must not be permitted whilst waiting in the queue;
· In general, if a person leaves the queue, they must return to the rear, but operators may make provision for customers leaving the queue to go to the toilet;
· At least one SIA licensed member of door staff should be assigned to each queue;
· Alcohol can only be supplied over the bar (ie not table or waiter/ress service);
· A person can queue to obtain drinks for themselves and one other person - no more than two drinks can be taken from the bar by each person in the queue;
It shall be a condition of the licence that any regulated drinks promotion is brought to the attention of the Licensing Authority and Greater Manchester Police at least seven days in advance. In addition, for the duration of the regulated drinks promotion, the licence holder must commission Greater Manchester Police to provide two additional police officers for the purpose of patrolling the premises and its surrounding environs. A fee is payable for this to GMP at standard advertised rates.
For the purposes of these conditions a regulated drinks promotion is any promotion, marketing, sale or supply of alcohol between 2100hrs and 0500hrs hours that:
· Offers to supply alcohol for less than 75p per unit of alcohol; or
· Offers to supply alcohol for the payment of a fixed fee (such as payment on the door); or
· Offers to supply alcohol where the purchase of one drink results in the supply of a free drink or drinks; or
· Offers to supply alcohol in return for tickets or vouchers purchased on the premises; or
· Offers a discount to purchasers of alcohol exceeding 20% (either through promotion voucher published in advance or ticket/voucher purchased on the premises).
A unit of alcohol is defined as the amount in millilitres multiplied by the amount of alcohol by volume (ABV) divided by 1000.
It shall be a condition of this licence that, between 2200hrs hours and 0000hrs at least two number of SIA licensed door supervisors are employed at the premises.
It shall be a condition of this licence that, between 0000hrs and 0430hrs, or during any regulated drinks promotion (see above), at least 3 SIA licensed door supervisors are employed at the premises.