ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
The maximum number of persons, including staff and performers, allowed in these premises shall be 150
All external doors and windows must be kept closed, other than for access and egress in all rooms when events involving amplified music or speech are taking place.
The LAeq (5 min) level measured 1 metre outside a window to a habitable room, with entertainment taking place, shall show no increase when compared with the representative LAeq (5 min) level measured from the same position under the same conditions and during a comparable period with no entertainment taking place.
Unless otherwise specified, the following meanings shall apply:-
Approval of the Licensing Authority - means approval by consent of the Licensing Authority.
Competent Electrical Contractor - in connection with electrical installation testing this means an electrical contractor who is a member of the Electrical Contractor Association or who is registered with the National Inspection Council for Electrical Installation Contracting.
Competent Person - in relation to portable appliance testing means having sufficient knowledge of the appliance(s) and training to know the potential defects, electrical knowledge and the precautions necessary to avoid danger to themselves or others.
Licensing Authority - means North Kesteven District Council’s Licensing Authority
County Fire Officer - means the County and Fire and Emergency Planning Officer of the Lincolnshire Fire Brigade.
Emergency Lighting - means lighting provided for use when the supply to the normal lighting fails.
Exit Signs - means signs and their lighting, obtained from a source which is independent from the general supply of the building, provided to assist the public, performers and staff to leave the premises without the aid of normal lighting.
First Aider - means a fully trained person who has passed a course conducted by an organisation approved for which purposes by the Health & Safety Executive e.g. St. John’s Ambulance, British Red Cross Society, St. Andrew’s Ambulance Association, and has kept the qualification up to date.
Indoor Sports - means contests, exhibitions or displays of any sport as an entertainment.
Licensee - means the person or persons to whom a current premises licence has been granted.
Non-combustible material - means material which is deemed to be non-combustible when tested in accordance with the provisions of the current edition of British standards BS476, or such other material or combination of materials as the Council accepts as being non-combustible for the purpose of these Regulations.
Normal Lighting - means all lighting, other than emergency lighting, permanently installed in those parts of the premises to which the public have access. It includes decorative lighting but not lighting installed solely for advertising purposes.
Officer- means any Officer of the Licensing Authority, Enviromental Health Officer, Building Control Officer authorised in writing by the Council or by the County Fire Officer and any Police Officer.
People with Disabilities - means people with physical, mental or sensory impairment. This includes wheelchair users; people who have difficulty walking; visually impaired people, including those with guide dogs; hearing impaired people, including those who use hearing aids; people with a mental disability or mental illness and people with hidden disabilities such as epilepsy.
Responsible Person - means a person of at least 18 years who has personal overall responsibility for the management of the premises and is deemed to be in charge of the premises when they are open to the public.
Steward - means a person not less than 18 years of age and shall not be the licensee of the responsible person nominated by the licensee.
Where, in these conditions, there is any reference to the consent of the Licensing Authority being required, such consent may be given on such terms and conditions and subject to such restrictions as may be specified.
If the licensee wishes any of the terms of the licence to be varied, an application must be made to the Licensing Authority as prescribed by the Licensing Act 2003 and appropriate regulations.
CONDITIONS
Person in Charge
1. Person in Charge
The licensee, or responsible person over the age of 18 years nominated by him in writing, shall be in charge of and upon the licensed premises during the whole time the premises are open to the public. The person in charge shall not be engaged in any duties which will prevent him from exercising general supervision of the premises. He or she shall be responsible for maintaining good rule and order within the premises under this licence, taking charge of emergency situations and the summoning of emergency services.
Access for Fire and Police Officers and Officers of the Licensing Authority
2. An authorised Officer representing the Licensing Authority, the Chief Constable or the County Fire Officer whether in uniform or not shall upon production of written identification have free access to any place in respect of which a premises licence is in force at all reasonable times.
Permitted Hours
3. The licensed premises shall not be kept or used for music or dancing or other entertainment of a like kind, except between the hours specified in the licence.
4. The licensed premises shall be provided with sufficient exits to enable the whole of the audience to be cleared from the building within a reasonable time. Exits shall be available and unobstructed at all times during the operation of this licence.
5. All stairs and steps comprising parts of the means of escape in case of fire shall be maintained with non-slippery and even surfaces.
All emergency lighting shall be maintained in effective working order whilst regulated entertainment is taking place.
Stewarding
6. The licensee shall be responsible for ensuring that stewards are capable and suitable to undertake the duties allocated to them.
7. All stewards shall wear uniforms, badges, sashes or arm band so as to be clearly identifiable to members of the public using the premises. Stewards/staff should also ensure that no overcrowding occurs in any part of the premises, that gangways and exits are kept clear at all times, to prevent standing on seats or furniture and to be aware of any special requirements needed to ensure the safe evacuation of the audience/patrons.
8. All stewards/staff shall be given instruction with regard to the method and use of fire extinguishers, the positions of emergency switches and the methods of entrance and exit by both normal and emergency exits. Dates and times of instruction shall be recorded in the log book.
Stewards shall be provided as follows:-
(a) Premises where the audience is seated:
Number of Persons Present Number of Stewards Required
Up to 250 2
201 to 500 3
501 to 750 4
751 to 1000 5
and thereafter on the basis of 1 steward per 250 persons.
(b) Premises where the audience is not seated
Up to 100 2
101 to 200 3
201 to 300 4
301 to 400 5
and thereafter on the basis of 1 steward per 100 persons.
(a) Where the audience consists wholly or mainly of persons under the age of 14 years, at least one steward shall be provided for every 50 children or part thereof.
(b) Where the audience consists wholly or mainly of persons under the age of 16 years, the number of attendants on duty shall be not less than one for every 100 or part thereof whether seated or otherwise.
The licensing authority reserves the right to increase the number of stewards required, when in its opinion, a particular event or audience necessitates additional stewarding
Toilets and Washing Facilities
9. (a) The premises shall be provided with male and female sanitary facilities at least to the level specified in Appendix A to these conditions.
(b) The sanitary accommodation should be internal but where this is found to be impracticable, access should be by a suitable covered passageway.
(c) The walls, floors and ceilings of the sanitary accommodation must be finished in smooth impervious materials and maintained in a clean condition.
(d) Sanitary accommodation must be provided with permanent and independent ventilation to the external air. Where mechanical ventilation is provided it should provide a minimum of three air changes per hour and be linked to the lighting system in such a manner as to allow an over-run of at least ten minutes.
(e) All internal sanitary accommodation must be entered through properly constructed lobbies which must be provided with means of permanent and independent ventilation to the external air. All doors to lobbies must be tight fitting and self-closing. All accommodation must be adequately screened to ensure privacy.
(f) Adequate means of artificial lighting must be provided and maintained.
(g) Adequate provision should be made in female accommodation for the disposal of sanitary dressings.
(h) Wash hand basins must be provided with hot and cold water or hot water at a suitably controlled temperature, soap and suitable and sufficient hand drying facilities.
(i) No charge shall be made for the use of toilet and washing facilities.
Portable Electrical Equipment
10. Each item of portable electrical and electronic equipment, including leads shall have a written record of inspection by a competent person, which may be visual and/or testing as appropriate, having regard to its age, initial integrity and soundness, frequency of use, likely abuse of equipment, likelihood of mechanical damage, effect of modifications and repairs, manufacturers recommendations and review or previous maintenance records. The licence holder should determine the frequency of inspection and inspection format that is appropriate for portable appliance testing. Portable appliances must be maintained in a safe conditions at all times.
Special Effect Equipment
11. No special effects equipment shall be used, in the premises under the terms of the licence, unless approved by the Licensing Authority. This includes equipment using heat source to introduce effects, i.e. smoke capsules, real or artificial smoke machines, pyrotechnics, and generators, laser and holographs.
12. Applications for consent to use such special effect shall be made by the licensee in writing at least 28 days before the first performance of the entertainment and shall give full details of its proposed use, together with the date and time of any rehearsal.
Hypnotism
13. No exhibition, demonstration or performance of hypnotism shall be given on any person at the licensed premises except with the express consent of the Licensing Authority and in accordance with the conditions attached to such consent.
14. Applications for such consent shall be made to the Licensing Authority at least 28 days before the performance.
Signs on Premises
15. The premise licence summary shall be exhibited in a conspicuous position at the principal entrance to the premises at all times to the satisfaction of the Licensing Authority. The summary shall be adequately protected against theft, vandalism or defacement.
Noise Control
16. The licensee or responsible person shall ensure that no noise shall emanate from the licensed premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance or unreasonable disturbance to the occupiers of premises in the vicinity of the licensed premises.
17. Requests made by environmental health officers of the District Council shall be complied with as soon as practicable. In addition, any restriction specified in the schedule to the licence regarding control to be exercised over music shall be implemented by the licensee or responsible person at all times when the premises are open to the public.
Provision for People with Disabilities
18. Where it is reasonable to introduce for the first time or make additional provision, access and facilities for the disabled shall be considered.
19.. On occasions where people with disabilities are present on the licensed premises such special arrangements as may be necessary in the circumstances shall be made so as to enable all persons to leave the premises safely in the event of fire.
NB. Attention is drawn to the Disability Discrimination Act 1995 which imposes specific duties in relation to those providing goods, facilities and services (and other matters relating to employment and property).
First Aid
20. First Aid facilities must be provided as follows:-
(a) General Events
First Aid facilities shall be suitable and sufficient for the type of use of the licensed premises, in accordance with the Health & Safety (First Aid) Regulations 1981.
(b) Indoor Sports Events (where a significant proportion of attendees are participating in physical contact sports otherwise the provisions in (a) above apply).
(i) A First Aider shall be provided for each 125 persons or part thereof and shall wear an authorised identifying armband or apparel.
(ii) At least one First Aid room with adequate heating, lighting and ventilation, and suitable staff to be provided. Facilities shall include a telephone connection to an external line, and hot, cold and drinking water over a sink or basin together with adequate first aid materials and equipment including blankets, pillows, stretchers, buckets, bowls, trolleys and screens.
Appendix A
Provision of Toilets and Washing Facilities
The number of facilities provided shall be as follows:-
(i) In the premises where drink is incidental to a meal (eg a refreshment), or where the sale of food and drink is not the principal activity:
MALES NUMBERS OF FEMALES
EACH SEX
WCs URINALS WCs
1 - Up to 25 1
1 1 26 - 50 2
1 2 51 - 70 2
1 3 76 - 100 3
2 4 101 - 200 4
+ 1 WC +1 urinal + 1 WC for
for each for each each 75
150 over 100 over over 200
200 200
Note - Seating capacity shall be deemed to be divided equally between males and females.
(ii) In premises where drink is the principal sale (eg public houses, clubs):
MALES NUMBER OF FEMALES
EACH SEX
WCs URINALS WCs
1 2 Up to 25 2
1 2 26 - 50 2
1 3 51 - 75 2
1 4 76 - 100 3
2 5 101 - 200 4
+ 1 WC + 1 urinal + 1 WC for
for each for each each 50
150 over 100 over over 200
200 200
Note - The ratio of customers will normally be regarded as 2:1, males to females.
Note - The substitution in tables (i) and (ii) above of one water closet for one urinal is acceptable.
(iii) Wash hand basins.
Males - 1 per WC plus 1 per 5 urinals or part thereof.
Females - 1 plus 1 per 2 WCs.
(iv) Consideration should be given to the provision of separate toilet facilities for staff.