ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
The maximum number of persons, including staff and performers, allowed in these premises shall be 120.
The premises shall not be kept or used for regulated entertainment on any Christmas Day without the consent of the licensing authority.
The permitted times do not prohibit:-
(a) during the first twenty minutes after the above hours the consumption of the alcohol on the premises;
(b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
(c) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
(d) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
(e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(f) the sale of alcohol to a trader or club for the purposes of the trade or club;
(g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
(h) the taking of alcohol from the premises by a person residing there; or
(i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
(j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
Credit Sales
Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:
(a) with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
(b) for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
(c) to a canteen or mess.
Children in Bar
No person under 14 shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(a) He is the child of the holder of the premises licence;
(b) He resides in the premises, but is not employed there;
(c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress;
(d) the bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the consumption of alcohol. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
GENERAL
Definitions
In these conditions, unless otherwise specified, the following meanings shall apply:-
Approval of the Council - means approval by consent of the Council in writing.
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.
Council - means North Kesteven District Council.
Council Regulations - means the Rules and Conditions for Public Entertainment Licences made by the Council.
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 Johns 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 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 Standard BS 476, 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 Environmental 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.
Premises - means any premises within the area of North Kesteven District to be used for public dancing or music and any other public entertainment of the like kind, or for public indoor sports contests, exhibitions or displays or for the public performance of stage plays under the terms or a licence granted by the Council, and includes all installations, fittings and things in connection therewith.
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.
Statutory Provisions - any reference to statutory provisions in these licence conditions refer to those in force during the licence period and includes any Primary Legislation, Regulations, Orders, Byelaws or other subsidiary legislation made under them and any enactments amending or replacing them in the future.
Steward - means a person not less than 18 years of age and shall not be the licensee or the responsible person nominated by the licensee.
Dispensation or Modification of Rules
(a) These conditions may be dispensed with or modified only with the approval of the Council in any special case (eg in the case of an occasional licence).
(b) Where, in these conditions, there is any reference to the consent of the Council being required, such consent may be given on such terms and conditions and subject to such restrictions as may be specified.
(c) If the licensee wishes any of the terms of the licence to be varied, an application must be made to the Council and if the Council so require the application must be advertised.
CONDITIONS
Person in Charge
1. 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 Council, 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 an entertainment licence is in force at all reasonable times.
Log Book
3. A log book shall be provided in which shall be kept accurate records of tests required in these conditions, visits by enforcing officers, and incidents as required in these conditions.
4. The log book shall be produced to an officer for inspection on request.
Permitted Hours
5. The licensed premises shall not be kept or used for public music or dancing or other public entertainment of a like kind, except between the hours specified in the schedule attached to the licence.
6. The licensed premises shall not be kept or used for public dancing or other public entertainment of a like kind on Sunday except with the express permission of the Council operating under legislation relating to such activities on Sunday. No such entertainment shall be given on the licensed premises on any Christmas Day.
Numbers Admitted
7. The numbers admitted are not to exceed those stated in the schedule attached to the licence and as related to the type of function stated.
Emergency Exits
8. Exit doors as specified by the County Fire Officer shall open outwards and shall be fitted with a fastening only of a pattern and in a position approved by the County Fire Officer on behalf of the Council.
9. 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.
10. All stairs and steps comprising parts of the means of escape in case of fire shall be maintained with non-slippery and even surfaces.
Emergency Exit Signs
11. The premises shall be provided with Emergency Exit Signs as specified by the County Fire Officer. They shall be sited in a position not less than 2.06m (6ft 9ins) from the floor (measured to the base of the sign) wherever possible.
Signs must conform to the Health and Safety (Safety Signs and Signals) Regulations 1996. Signs which have a pictogram conforming to BS 5499 and are directionally correct, are deemed to satisfy. Where the discretional arrow is to the left or right “running person” must be running in the direction of the arrow. NB TEXT ONLY SIGNS DO NOT COMPLY.
The signs shall be coloured white on a green background, be not less than 100mm (4ins) in height and of proportionate width and shall be illuminated at all times the premises are occupied by:-
(i) Mains electricity; or
(ii) Emergency lighting supply; or
(iii) Luminous signs acceptable to the County Fire Officer.
12. Where emergency exit signs are illuminated by mains electricity, the emergency lighting supply must be capable of illuminating them on the failure of the local circuit or mains supply in accordance with BS 5266.
13. Where externally illuminated signs are provided, they must be illuminated by an external approved source of emergency lighting.
14. All exit signs in any auditorium or public areas must be of the same colour and type.
Fire Fighting Equipment
15. An adequate number of extinguishing appliances shall be provided and maintained in good working order.
16. Satisfactory arrangements for the annual maintenance of fire extinguishers and appliances shall be made with a competent person and a satisfactory test certificate obtained at least annually, and be available for inspection by the County Fire Officer and the Council in accordance with BS 5306.
Fire Alarms
17. Where an automatic or manual fire alarm system has been installed and approved by the County Fire Officer, it shall be maintained and serviced in accordance with BS 5839 and should be checked prior to each public entertainment event for fault indication and tested at least once per week.
18. When a fire alarm system becomes defective, the licensee shall take immediate steps to repair the system.
19. All fire evacuations, checks, tests and defects together with details of remedial action shall be remedial action shall be recorded in the premises log book (condition 3).
Gangway and seating
20. At all times during which premises under licence are used when the audience is seated, gangways not less than 1.05m (3ft 6ins) wide shall be provided leading to the exit doors, and gangways of not less than 1.05m (3ft 6 ins) wide shall be provided intersecting the rows of seats in such manner that no seat shall be more than 3.6m (12ft) from a gangway measured in the line of seating.
21. Between the rows of seating there shall be a space of not less than 305mm (12 ins) measured from the back of any seat to the front of the seat immediately behind.
22. All chairs arranged in rows (concert style) shall be battaned together in units of not less than four and not more than twelve.
23. No person other than the licensee, his employees or authorised persons shall be allowed to remain in any passage, gangway or staircase during any performance or entertainment.
24. Every gangway, passage or staircase shall, at all times, be kept entirely free from chairs or any other obstruction, including such chairs as are provided for the personal use of the licensee, his employees or authorised persons.
Lighting
25. The main lighting throughout the premises shall be by electricity and the lighting points shall be fixed in places approved by the Council on the advice of the County Fire Officer.
26. Emergency lighting shall be capable of providing sufficient illumination for the public to leave safely and should be capable of maintaining the required level of illumination for at least three hours.
27. All switches controlling the emergency lighting shall have marked immediately below them “EMERGENCY LIGHTING ONLY”.
28. In the event of the failure of emergency lighting systems, all members of the public shall be required to leave and shall not be re-admitted until the emergency lighting is restored.
29. All emergency lighting shall be maintained in effective working order whilst public entertainment is taking place.
30. All emergency lighting shall be tested at least once in every six month period in accordance with BS 5266 and a visual check carried out immediately prior to each event. A record of this shall be kept in the log book. Suitable remedial action must be taken to remedy defects found and this shall be recorded in the log book.
Stewarding
31. The licensee shall be responsible for ensuring that stewards are capable and suitable to undertake the duties allocated to them.
32. 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.
33. (a) 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.
(b) Public Houses and Nightclubs granted a public entertainment licence to entertain persons beyond 11pm, shall have Door Supervisors registered with the local authority on the premises from 11pm until closure of the premises. This condition shall be applicable ONLY to Public Houses and Nightclubs selling alcohol after 11pm.
34. 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.
35. (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.
36. 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.
Combustible or Flammable Materials
37. A Certificate of Flammability is required by the Licensing Authority for all the items listed below to show their conformity to the British Standard Regulations as described in the Home Office Guide to Fire Prevention in Existing Place of Entertainment and Like Premises regarding fire testing:
All scenery, wings, sky borders, cloths, draperies, gauze, artificial floral decorations, properties, hanging curtains and other materials of a like kind or other easily combustible materials or furnishings and as specified by the County Fire Officer, whether on the stage, in the auditorium, or in other parts of the licensed premises, shall be rendered and maintained non-flammable. with the exception of soft wood 25mm or over in thickness.
38 Any inspection carried out by an Officer of the Fire Brigade shall include the right to test the scenery and other items referred to in Condition 37 above to ensure that this conditions is being complied with.
Toilets and Washing Facilities
39. (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.
Alterations to Premises
40. No alterations or additions to the premises, either internal or external, shall be carried out except with the prior knowledge and approval of the Council.
Electrical Certificates
41. A certificate in the form prescribed for the purpose by the 16th edition of the Institution of Electrical Engineers Regulations for Electrical Installations (the IEE Wiring Regulations) (BS 7671) in respect of the permanent electrical installation in the licensed premise, signed by a competent electrical contractor certifying that the permanent electrical installation requires no remedial works or other action, to ensure or determine its safety, shall be available for inspection, on demand, by the licensing authority, for the period for which the premises are licensed. The original of this certificate shall be forwarded by the licensee to the Council as specified on the current certificate referred to. The certificate must be completed and signed by a competent electrical contractor who is approved by the National Inspection Council of Electrical Installation Contracting or a member of the Electrical Contractors Association. Where remedial works or other action recommended by the competent electrical contractor is brought to the notice of the licensing authority, these shall be carried out within a period of time specified by the licensing authority.
42. Electrical circuits serving all areas licensed for public entertainment shall, in addition to the normally required circuit protection, be equipped with sensitive earth leakage protection (residual current operated device) as part of the fixed wiring installation of the premises. The device shall be designed to operate if the earth leakage current exceeds 0.03A and shall have a maximum operating time of 40 milliseconds when tested at 150mA and 200 milliseconds when tested at 30mA (in accordance with BS 4293). Residual current devices shall be tested at least monthly using the test button on the system and the result of such tests must be recorded in a log book. If the device does not switch off the supply, use of the socket outlet(s) affected should be prohibited until the defect has been rectified by a competent electrical contractor.
Non-Permanent Electrical Installations
43. A non-permanent electrical installation which is proposed for any particular function shall comply with the current edition of the Institution of Electrical Engineers Regulations for Electrical Installations (the IEE Wiring Regulations) and for that purpose, the licence holder shall provide the Council with a certificate in respect of the non-permanent electrical installation in the form approved by the Institution of Electrical Engineers (BS 7671), not later than 48 hours in advance of the date on which it is to be used, unless it is agreed by the licensing authority that the responsible person may retain the certificate for production on demand by the District Council or County Fire Officer. The certificate must be completed and signed by a competent electrical contractor who is registered with the National Inspection Council for Electrical Installation Contracting or a member of the Electrical Contractors Association.
44. All such non-permanent installations which have been so approved shall be disconnected from the permanent installation immediately after each occasions on which the installations are used and shall be entirely removed immediately the need for such has ceased.
45. Non-permanent wiring shall be carried out using tough rubber sheathed cables or with conductors providing a similar degree of protection.
46. No non-permanent electrical installation shall be wired so as to obstruct any exit, passageway, or walkway provided for means of escape or routed or positioned so as to prevent a tripping hazard.
Portable Electrical Equipment
47. 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.
Floor Coverings
48. Mats or other floor coverings shall be so secured that they are not in any way liable to rucking, or to be a source of danger to the public, and no drapings shall trail on the floor. New floor coverings must comply with BS 5287 and BS 4790.
Guarding Heating Appliances
49. All electrical fires, stoves and open fireplaces in the premises shall be provided with adequate protective guards.
Gas Appliances
50. Any gas appliance in the premises are required to have been serviced in the last 12 months and a certificate to this effect, including details of what the service entailed, signed by a Confederation of Registered Gas Installers (CORGI) registered gas engineer must be available for inspection on the premises.
51. No portable Liquefied Petroleum Gas (LPG) heaters are allowed.
Special Effect Equipment
52. No special effects equipment shall be used in the premises under the terms of the licence, unless approved by the Council. This includes equipment using heat source to introduce effects, ie smoke capsules, real or artificial smoke machines, pyrotechnics, and generators; laser and holographs.
53. 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
54. Pursuant to the provisions of the Hypnotism Act 1952, no exhibition, demonstration or performance of hypnotism shall be given on any person at the licensed premises except with the express consent of the Council and in accordance with the conditions attached to such consent.
55. Applications for such consent shall be made to the Council at least 28 days before the performance.
Signs on Premises
56. There shall be installed on the premises a telephone or a clear notice available to staff indicating the nearest telephone for calling emergency services. Instructions for calling the emergency services must be posted at each telephone in the licensed premises.
57. The current licence and schedule shall be exhibited in a conspicuous position at the principal entrance to the premises at all times to the satisfaction of the Council. The licence and schedule shall be adequately protected against theft, vandalism or defacement.
Noise Control
58. 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.
59. Requests made by environmental health officers of the 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
60. Where it is reasonable to introduce for the first time or make additional provision, access and facilities for the disabled shall be considered.
61. 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).
Boxing Tournaments and the Like
62. Boxing tournaments and the like shall only be staged after adequate consultation with the Council and approval of the seating and exit arrangements. A plan showing the proposed arrangements must be made available to the Council at least 28 days before the proposed function.
Structural Stability
63. The structural elements of the licensed premises, eg floors, walls, roof, stairways and balustrading shall be of adequate strength and serviceability having due regard to the loadings imposed under all appropriate working conditions.
Temporary Structures
64. Temporary structures such as stands, gantries, marquees or other portable buildings to be used for public entertainment purposes and/or public sporting entertainment must not be erected without prior approval of the Council. Any structure permitted shall be safely constructed and properly maintained throughout the period of use.
65. Not less than 28 days notice, in writing, shall be given of any intention to erect any temporary structures. Plans and structural calculations may also be required to enable the Council to check compliance with structural safety requirements. Furthermore, opportunity must be given to an Authorised Officer of the Council to inspect and examine such temporary installations prior to being brought into use, for the purpose of public entertainment and/or public sporting entertainment.
First Aid
66. 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.