Annex 1 - Mandatory conditions
LICENSING ACT 2003
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.
20 Mandatory condition: exhibition of films
(1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.
(2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.
(3) Where -
(a) the film classification body is not specified in the licence, or
(b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,
admission of children must be restricted in accordance with any recommendation made by that licensing authority.
(4) In this section -
“children” means persons aged under 18; and
“film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c. 39) (authority to determine suitability of video works for classification).
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.
Annex 2 - Conditions consistent with the Operating Schedule
General
This venue will train its staff as required by relevant legislation. The hours sought will, of themselves, promote the licensing objectives as stated in paragraph 3.29 of the Guidance, in allowing customers to emerge from the premises at a more gradual rate.
The Prevention of Crime and Disorder
1. Where required by the police a text, pager or radio will be used to keep in contact with other premises in Oldham.
2. Such text, pager or radio shall be kept in good working order and shall be monitored by a responsible member of staff. This will be used to keep in touch with other premises in Oldham.
3. Relevant incidents of crime or disorder shall be reported to the police via the text, pager or radio.
4. A risk assessment will be carried out to determine the number of door staff who shall be on duty for each public opening.
5. A register of door staff will be maintained indicating the number of door staff on duty, their identity and the times they were on duty.
6. All door supervisors will be registered with the SIA and shall wear their name badges at all times.
7. Any female customer who needs to be searched will be searched by a female door supervisor or a female member of staff.
8. No person who is drunk or disorderly will be allowed access to or be allowed to remain on the premises.
9. This venue does not wish to be associated with illegal drugs or its associated culture. The licensee will cooperate with the responsible authorities in relation to dealing with drugs on the premises.
10. Random searching will take place of those people suspected of carrying drugs or offensive weapons.
11. Agreement will be reached with the police about the storage of such drugs or weapons recovered from the customers and their delivery to the police.
12. No customer will be allowed to bring open or sealed bottles on to the premises.
13. No person will be allowed to leave the premises with any bottle or glass.
14. CCTV shall be provided on the premises and shall be kept in good working order and any recordings from the CCTV shall be retained for a period of 30 days for internal cameras and 7 days for external cameras.
15. A notice shall be displayed at the entrance to the premises that CCTV is in operation in the premises.
16. Photographic driving licences, passports or in agreement with the police a form of identification with the PASS hologram will be used as evidence to confirm the age of anyone who appears to be under the age of 18.
17. The premises will be a member of any local pub watch scheme.
18. All staff who work behind the bar will be fully trained to ensure that no person who is drunk or disorderly or who appears to be under the age of 18 years is served with intoxicating liquor, such training to be repeated every 6 months.
Public Safety
1. The premises shall not open to the public until all of the responsible authorities have visited the premises (if they so require) and confirmed the premises are safe to open.
2. The premises shall not open to the public until all relevant safety certificates have been provided to the responsible authorities.
3. The capacity for the premises shall be agreed with the fire officer.
4. An accurate record shall be kept of the number of persons admitted to each part of the premises such records retained for 6 months and made available to the responsible authorities.
5. There shall be a suitable number of adequately trained staff to prevent overcrowding in parts of the premises, keep exit routes clear and to ensure the safe evacuation of people from the premises. In the event of an emergency such staff will have been issued with specific duties in the event of an emergency.
6. A Fire Evacuation Plan will be agreed with the Fire Authority.
7. All staff shall have received training on the safe evacuation of the premises in the event of an emergency and such training shall be repeated at least annually. A record of the training provided shall be kept at the premises for at least 12 months and will be made available to the fire service or council.
8. Adequate arrangements will be made in the Fire Evacuation Plan to ensure the safe evacuation of any disabled persons in the event of an emergency.
9. All fire escape routes and access to emergency vehicles shall be kept unobstructed and will be clearly identifiable.
10. All escape doors and escape routes will be checked before the premises open for trading to the public and record of the check shall be maintained.
11. All fire exit doors shall be available and shall be capable of opening without the use of any key, card, code or similar means.
12. Fire doors will be self closing and shall not be held open other than by devices approved by the Fire Service.
13. Edges to steps and stairways shall be maintained so as to be conspicuous.
14. All fabrics and furnishings will comply with the relevant British standard with regard to fire resistance including hangings, curtains and any temporary decorations.
15. Any upholstered seating will comply with the current fire safety regulations.
16. Notices detailing the action to be taken in the event of fire or other emergency will be prominently displayed in the premises.
17. Fire alarm/fire evacuation/emergency lighting tests will be carried out at least monthly and a record maintained of those tests, such records to be kept at the premises for at least 12 months and made available to the fire service and the Council.
18. All fire fighting equipment will be maintained in good working order and shall be available for immediate use, such equipment will be inspected annually by a competent person and records of those inspections must be kept at the premises for at least 12 months and made available for inspection by the fire service and Council.
19. At least one first-aider trained to deal with problems associated with alcohol and drugs will be on duty and if there are more than one on duty their roles will be clearly defined.
20. All emergency lighting and fire safety signage will be maintained in good working order and will not be altered without the approval of the Fire Authority. The emergency lighting will be capable of lasting at full capacity for not less than 3 hours.
21. All electrical installations will be inspected by a competent person before the expiry of the current electrical certificate and the certificate issued will be the current standard form certificate issued by that competent person’s professional body.
22. If any work is undertaken to the electrical installation it will be inspected, tested and certified by a competent person as soon as possible.
23. All electrical socket outlets provided for entertainers portable equipment must be protected by a residual current device which is part of the fixed wiring, such RCDs to have a rated residual operating current not exceeding 30 milliamps and a maximum operating time of 30 milliseconds. The RCDs must be tested before the sockets are used for entertainers.
24. No lasers or pyrotechnics will be used without the prior approval of the Licensing Authority.
25. There shall be no demonstration of hypnotism without the prior approval of the Licensing Authority.
26. An adequate supply of free drinking water shall be provided for all customers.
27. Risk assessment (including a fire risk assessment) will be carried out and following such Risk assessment an Action Plan will be prepared and any additional action required will be implemented. This will be reviewed annually.
28. A qualified medical practitioner shall be present throughout any sporting entertainment involving boxing, wrestling, judo, karate or sport of a similar nature.
29. Where a ring is used it will be constructed by a competent person and shall be inspected by a competent authority before use and any material used to form the skirt of the ring shall be flame retardant.
30. Members of the public will not occupy any seat closer than 2.5 metres to the ring.
The Prevention of Public Nuisance
1. The holder of the premises licence shall maintain suitable and sufficient sound attenuation throughout the whole building.
2. The holder of the premises licence shall ensure that the noise limiter (where fitted) is used and maintained as set up by a qualified sound engineer.
3. The applicant will adopt a bespoke dispersal policy for the premises and shall provide any of the responsible authorities with a copy of it if requested.
4. Noise or vibration from within the premises or from any plant machinery or equipment shall not emanate from the premises so as to cause a nuisance to any residential dwelling.
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
1. At all times the licensee will maintain a comprehensive policy for the protection of children.
2. All staff shall be trained to ensure that no person under the age of 18 years will be sold intoxicating liquor including the need for any person who looks under 18 to provide evidence of their age.
3. Photographic driving licences, passports or in agreement with the police a form of identification with the PASS hologram will be used as evidence of anyone who appears to be under the age of 18.
4. A person under 18 years will not be allowed to use any AWP machine.
5. The venue intends to have specially organised events for the youth market when the venue will adhere to the following attached documentation:-
1. Admission policy
2. General policies statement
3. Code of conduct for staff statement and
4. Child Protection Policy