ANNEX 3 - Conditions attached after a Hearing
Conditions added following Review Hearing (on 7th December 2018).
General
1. Staff training
The Premises Licence Holder (PLH) or Designated Premises Supervisor (DPS) will ensure all staff employed at the venue are aware of the law and their responsibilities under the Licensing Act. Staff must undertake training in licensing law, such as the BIIAB Award in Responsible Alcohol Retailing or any other recognised training courses. All new staff must receive this training within 3 months of commencing employment at the premises. Refresher training must be given every 12 months.
The venue will maintain a written record of this training, detailing what date completed, when refresher is due/date refresher completed. What type of training provided. All staff receiving this training will sign this document to say the above has been provided and completed. This record will be made available to the Police/Council on request.
2. Designated Premises Supervisor (DPS)
The DPS to give the police 7 days’ notice of any absence from the premises of more than 7 days. i.e. holidays and nominate who will be the responsible person in charge whilst away.
DPS and/or PLH will be a member of the Pubwatch scheme and attend meetings on a regular basis.
3. Personal Licence Holder to be on Premise at All Times
A Personal Licence Holder must be present at the premises at all times licensable activities, live music (amplified or unamplified), recorded music or any other types of entertainment (amplified or unamplified) are taking place.
4. Nite-net radio
The premise will use the Oldham Nite-Net Radio system, which must be operational whilst they are open for business.
5. Last Entry to Premise
Whilst the premise is open for business there shall be no new entries to the premises by members of the public after 23:00.
6. Closing time
No members of the public shall remain on the premises past midnight.
The Prevention of Crime and Disorder
7. CCTV
A tamper-proof digital colour CCTV system must be installed and maintained at the premises to the satisfaction of Greater Manchester Police.
The system must run and record continuously for 24 hours a day, 7 days per week and recorded footage must be stored for a minimum of 31 days.
The system must provide a clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas as identified by Greater Manchester Police.
Recorded footage must be provided to a representative of any responsible authority on request. Such footage must be provided in an immediately viewable format and must include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred must be provided by the premises and sufficient stock of such storage media must be kept on the premises at all times.
A member of staff who is trained to operate the system and supply footage must be present at the premises at all times when licensable activities are taking place.
The Designated Premises Supervisor must ensure that the CCTV system is checked at least once every week by a suitably trained member of staff. This check must include;
the operation of the cameras
the recording facilities
the facilities for providing footage
the accuracy of the time & date
A written record of these checks must be kept, including a signature of the person carrying out the check. This written record must be kept on the premises at all times and made available to a representative of any responsible authority on request.
Suitable signage informing customers that a CCTV system is in operation must be placed in prominent positions within the premises, to comply with the Data Protection Act and the Human Rights act.
8. Door Staff
The need for door staff will be risk assessed. The written risk assessment will be available on the premises for inspection by police and authorised officers of the Licensing Authority.
9. Door Staff Policy
The management shall produce and implement a Door Supervisor Policy which includes details of disciplinary procedures, and the management’s expectations as to the behaviour and professionalism of the door staff. This policy will be submitted to GMP and the Licensing Manager for approval. Any subsequent changes to this policy must also be approved.
10. Door Staff Log
A Door Supervisor Log shall be correctly maintained at the premises. This will include the following details:
a) The door staff names, dates of birth and home addresses;
b) Full details, name, address and contact number of employment agency used
And for each individual daily period of trading:
The name of the individual member of door staff
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, DPS or nominated person
11. Search Policy
The premises will operate with a zero tolerance approach to drugs and weapons. The management shall produce and implement a Search Policy. We will proactively search for and seize any drugs or weapons for safe handover as agreed with GMP. This policy will be submitted to GMP and the Licensing Manager for approval. Any subsequent changes to this policy must also be approved.
A notice will be displayed at the entrance advising customers of our search policy & dress code.
12. Drug Policy
The management of the premises must introduce a strict “zero tolerance” policy in respect of the use and/or supply of illegal drugs on the premises. The policy to include checks of the toilet areas every half-hour whilst the premises are open and suitable signage to be placed in prominent areas within the premises. This policy will be submitted to GMP and the Licensing Manager for approval. Any subsequent changes to this policy must also be approved.
13. Excluded Individuals
Excluded individuals will be denied entry into the premises (excluded individuals include those subject to court orders which prohibit the movement of convicted persons, such as Criminal Behaviour Orders (CBO), Pubwatch exclusions and those excluded by the premise licence holder or DPS)
14. Incident Book
An incident book (with the pages numbered sequentially) must be kept on the premises and be made available for inspection by responsible authorities. The incident book must be used to record the following:
a) Any incident of violence or disorder on or immediately outside the premises
b) Any incident involving controlled drugs (supply/possession/influence) on the premises
c) Any other crime or criminal activity on the premises
d) Any refusal to serve alcohol to persons who are drunk (On sale and off sale premises only)
e) Any refusal to serve alcohol to under 18’s or anyone who appears to be under 18
f) Any call for police assistance to the premises
g) Any ejection from the premises
h) Any first aid/other care given to a customer
Public Safety
15. Glass Collection
In order to minimise the risk of persons becoming injured by broken glass, the designated premises supervisor must ensure that empty glasses, bottles and other containers are collected and disposed of regularly and at least every half-hour whilst the premise is open.
16. External use of glassware
All glassware including bottles used in the outside areas after 20:00 hrs on Friday, Saturday and any Sunday preceding a bank holiday must be plastic/polycarbonate.
Sunday to Thursday the DPS/PLH must carry out a risk assessment as to whether plastic/polycarbonate glasses should be used outdoors after 20:00
Protection of children from harm
17. Challenge 25 scheme
A documented Challenge 25 scheme will be operated at the premises. The Challenge 25 scheme shall be actively promoted and advertised at the premises and will ensure that any person purchasing alcohol, who appears to be under 25 years of age, shall be asked to provide acceptable identification to prove that they are 18 years of age or over. Failure to supply such identification will result in no sale or supply of alcohol to that person.
The Proof of Age Standards Scheme (PASS) will be actively promoted at the premises by the display of Challenge 25 posters bearing the PASS logo.
A PASS card must be accepted as proof of age if a purchaser possesses one. Where a purchaser does not possess a PASS accredited proof of age card, only the following alternative forms of alternative identification will be acceptable:-
(a) Photo driving licence
(b) Passport or
(c) Her Majesty’s Forces Warrant Card
No persons under the age of 18 are permitted on the premises whilst licensable activities are in operation.
18. Adult Entertainment
No entertainment or activity of an adult or sexual nature will take place within the premises.
The Prevention of Public Nuisance
19. All doors and windows shall remain closed whilst regulated entertainment is taking place at the premises. The only exception to this is for the access and egress of customers.
20. The fire exit door at the premises shall remain closed at all times the premises are open to the public, save for emergency use in the event of evacuating the premises. Customers will not be permitted to use the fire escape as a means of gaining access to the premises.
21. Notices will be placed in the area used for smoking requesting that customers using the area are quiet, respecting the needs of local residents.
22. Notices will be placed at the exit of the premises requiring customers to leave quietly.
23. On the days when licensable activity takes place at the premises, the Premises License Holder/DPS shall ensure that the curtilage of the premises (the rear yard, and areas at the side and front of the premises) are cleared of any refuse which may have been left by customers using the premises. For this purpose, rubbish includes cigarettes and the remains of cigarettes. Such rubbish will be cleared away as soon as reasonably practicable after the premises has closed and in any case before the last member of staff.