The Devi Lounge

13 Elliott Street, Lees, Oldham, OL4 3DY

Completed application 045893 which is a Suspension Lifted for Premises Licence from 29/09/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the supply of alcohol

Additional Conditions

• 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.

   

  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

   

                       Currently on Pubwatch and Nitenet scheme.

                       Have doormen at entrance.

                       CCTV coverage within premises.

                       Drug alert signs in toilets.

                       No Smoking areas.

   

  The Prevention of Crime and Disorder

   

                       A method of communicating between the Council and licensed premises by way of text / pager or radio links shall be provided at the premise             

                       Any text / pager or radio link provided for communication with the Council and licensed premises shall be kept in good working order at all times.

                       When the premises are open to the public, the communications link to the Council  or 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 the Council 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. (Note, where the premises hold a club premises certificate, there is no requirement for a Designated Premises Supervisor).

                       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:-

  ()       the door supervisor's name, date of birth and home address;

  ()       his/her Security Industry Authority licence number;

  ()       the time and date he/she starts and finishes duty;

  ()       the time of any breaks taken whilst on duty;

  ()       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.

                       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 sold from a bar or by staff service or consumed in or on the premises other than in a container made from non-splintering plastic, paper or shatterproof glass.

                       No drink shall be removed from the premises in an unsealed container.

                       A tamper proof CCTV system shall be installed at the premises in liaison with and to the satisfaction of the Greater Manchester Police Local Crime Reduction Officer 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.

                       The maximum number of persons allowed in these premises shall be 120 in Public Bar and 120 in Beer Garden.

                       There shall be in place for the premises a written policy to prevent the sale or supply of alcohol to persons under 21 years of age.  That policy shall require any person who appears to be under the age of 21 years to produce a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence, passport or accredited student card.

                       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 21 to purchase alcohol or for any person to purchase alcohol on behalf of a person under 21 years of age.

                       Persons who appear to be under the age of 21 years shall be required to produce proof of age by way of a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence, passport or accredited student card.

                       There shall be displayed on the premises notice(s) to warn members of the public visiting the premises of the incidence of crime, which may affect them.  The notice(s) shall be displayed in a position where it is clearly visible to members of the public.

                       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)             

                       Where the premises licence has restrictions relating to the admission of children, a sign detailing those restrictions shall be displayed at the entrance to the premises where it is clearly visible to members of the public visiting those premises.

                       There shall be provided at the premises tables in the ratio of 1:4 customers and seats in the ratio of 1:4 customers.

                       There shall be in force for the premises a search policy for prospective customers which shall be developed in liaison with and to the satisfaction of the Greater Manchester Police Local Crime Reduction Officer.

                       There shall be displayed at the entrance to the premises a notice informing prospective customers of the search policy.

                       The licence holder and/or the designated premises supervisor or a person nominated by them may be a member of and regularly attend at the meetings of the Pub and Club watch scheme for the area within which the premises is located.

   

  Public Safety

   

                       When disabled persons are present on the premises there shall be in place arrangements for their safe evacuation in the case of an emergency or other reason.  Details of those arrangements shall be recorded in writing and all staff employed on the premises shall be aware of those arrangements.

                       All disabled persons on the premises shall be made aware of the evacuation arrangements.

                       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 non-slip 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 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. 

                       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.

                       Where any automatic self-closing fire-resisting doors activated by a fire alarm or fire detection system are fitted within the premises they shall not be prevented from closing by any device and shall be marked to both sides of the doors so that they are clearly visible and positioned at or about eye level with the words "FIRE DOOR KEEP CLEAR" in block letters not less than 50mm high when the premises are open to the public.

                       Where a fire-resisting door is fitted within the premises and that door is required to be kept closed at all times then the door shall be clearly marked on both sides with a sign bearing the words "FIRE DOOR KEEP CLOSED" in block letters not less than 50mm high and clearly visible when the premises are open to the public.

                       Where a roller shutter or folding gate is used on any escape route, that shutter or gate shall be locked in the open position when the premises are open to the public.

                       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.

                       Any chain, padlock or any other device used to lock an exit door when the premises are not in use shall be numbered and shall be removed and stored on a storage hook bearing the same number when the premises are open to the public.

                       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.

                       Where seats are arranged for a closely seated audience, the seating and gangways shall be fixed and arranged to allow free unobstructed access to exits, routes to exits and the facilities provided in the premises. (Note! Where such seating is provided, reference must be made to the publication, "Guide to Fire Precautions in Existing Places of Entertainment and Like Premises" ISBN 0-11-340907-9 available from the Stationery Office and all good book sellers).

                       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.

                       Reasonable provision shall be made to ensure that the premises and facilities are both accessible, and reflect the needs of all sectors of the community.

                       The premises shall be maintained so that the following fire retardancy standards are complied with:-

   

  ()       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.

   

  ()       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).

   

  ()       Carpets - B.S.4790 low radius of spread.

   

  ()       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 log book 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.

                       At all times when the premises are used for the purpose of the *licence/or club premises 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 person. (*delete as appropriate)

                       The maximum number of persons allowed on these premises shall be 150

                       Printed notices shall be prominently displayed in the premises detailing the essential steps that must be taken if a fire is discovered or the fire alarm goes off or other emergency arises and how to call the Fire Service.

                       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 guiding them to the fire.

                       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.

                       At all times when the public are present, at least one person who holds a current recognised first aid certificate or award shall be present on the premises.  Where more than one such person is present their duties shall be clearly defined.

                       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 emergency lighting 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).

                       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.             

                       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.

                       On every occasion before the public, members or guests are admitted to the premises an inspection of all normal and emergency lighting shall take place. A record shall be kept in a logbook of those tests and any faults discovered together with a record of the work carried out to repair those faults.  All faults discovered shall be repaired immediately or if that cannot be done then as soon as is possible and the reason for the delay shall be entered in the logbook.

                       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 Greater Manchester 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 Greater Manchester Fire and Rescue Service.

                       A written notice has been served on the Licensing Authority 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.

                       The premises shall be provided with adequate 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.

                       No smoking or naked flames shall be permitted on any part of the stage during any entertainment unless that use has been notified to the Licensing Authority and is provided in accordance any guidance given by the Greater Manchester Fire and Rescue Service.

                       No explosive, liquefied petroleum gas or any other highly flammable materials shall be used or stored on the premises unless notified to the Licensing Authority and is used in accordance any guidance given by the Greater Manchester Fire and Rescue Service. 

                       No pyrotechnics including fireworks shall be used or stored at the premises unless notified to the Licensing Authority and they are used in accordance with any guidance given by the Greater Manchester Fire Service.

                       No dry ice machines or cryogenic fog, smoke machines or fog generators shall be used at the premises unless notified to the Licensing Authority and is used in accordance any guidance given by the Greater Manchester Fire Service.

                       Lasers shall only be used on the premises in accordance with the requirements for the safe use of lasers as set down in the HSE Guide, The Radiation of Safety Lasers Used for Display Purposes [HS (G) 95] and BS 60825: Safety of Laser products British Standard 4803: part 3.

                       No strobe light shall be used in premises unless a notice which can be clearly seen and easily read by the public warning that strobe lights are in use in the premises is displayed at each entrance to the premises.

   

  The Prevention of Public Nuisance

   

                       All external doors and windows shall be kept closed when entertainment is being provided, other than for access and egress and in the event of an emergency. If additional ventilation is subsequently necessary, then it shall be attenuated in accordance with a scheme submitted to the licensing authority.

                       The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents.  A written record shall be made of those assessments in a log book kept for that purpose and shall include, the time and date of the checks, the person making them and the results including any remedial action.

                       There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, (or member and their guests) notices requiring customers to leave the premises and the area quietly.  (Note, this may also include a reference to vehicles).

  For premises where entertainment frequently takes place, music and associated sources (including DJs, and amplified voices) should generally not be audible inside noise sensitive property at any time. Where entertainment takes place less frequently, such noise should not be audible inside noise sensitive property between 23.00 and 07.00 hours.

   

  The Protection of Children from Harm

   

                       There shall be in place for the premises a written 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) or if a proof of age card is not available a photo driving licence, passport or accredited student card.             

                       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.

                       Persons who appear to be under the age of 18 years shall be required to produce proof of age by way of a recognised proof of age card accredited under the Proof of Age Standards Scheme (PASS) or if a proof of age card is not available a photo driving licence, passport or accredited student card.

   

  All children under the age of 16 should be off the premises by 10:30pm at the very latest, save for private family functions held in a separate function room.

   

  All children should be accompanied and supervised by an adult whilst on the premises.