ANNEXE 2
CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
General
1. The licence holder must ensure that all staff receive appropriate training regarding emergency and general safety precautions and procedures.
2. The licence holder must ensure that all staff are aware of their social and legal obligations and their responsibilities regarding the sale of alcohol.
3. There shall be no access to the roof garden except through the premises.
4. The Premises Licence Holder/DPS shall be available/contactable at all times and be responsible for cooperating and liaising with any responsible authority.
The prevention of crime and disorder
1. A CCTV system of an evidential standard must be installed to the satisfaction of the Police, and the system to be in operation at all times the premises are open to the public. All recordings from that system must be kept for a period of 31 days and the police to have access to recordings at any reasonable time.
2. The premises shall install, operate and maintain a digital colour CCTV system to the satisfaction of the Police and Local Authority. As a minimum, the system must:
i. Cover all public areas of the licensed premises, including entry and exit points. This also includes any outside areas under the control of the premises licence holder. (The location of cameras can also be specified on the plan attached to the premises licence).
ii. Record clear images permitting the identification of individuals and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition.
iii. Continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.
iv. Have a constant and accurate time and date generation.
v. Store recordings for a minimum period of 14 days with date and time stamping.
vi. Viewable copies of recordings will be provided on request to the police and local authority officers as soon as is reasonably practicable and in accordance with the Data Protection Act 1998.
vii. The CCTV system will be capable of downloading images to a recognisable viewable format.
viii. The CCTV system will capture a minimum of 4 frames per second.
ix. The CCTV system will be fitted with security functions to ensure the integrity of the system and to prevent the tampering with and deletion of images (i.e. password protection).
3. Premises must join and maintain membership of the Nitenet Radio Communications Scheme.
4. The roof garden will be cleared of all drinks no later than 23:00 hours. Prominent signage shall be displayed advising customers that no drinks are permitted in the smoking area past 23:00hrs.
5. All staff engaged in licensable activity at the premises will receive training and information in relation to the following:
i. The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.
ii. The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.
iii. How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).
iv. Recognising the signs of drunkenness.
v. The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.
vi. Action to be taken in the event of an emergency, including reporting an incident to the emergency services.
6. Training shall be recorded in documentary form and shall be regularly refreshed at no greater than annual intervals.
7. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.
8. Training records will be retained for at least 12 months.
9. An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details:
i. Any incidents of disorder or of a violent or anti-social nature
ii. All crimes reported to the venue, or by the venue to the police
iii. All ejections of patrons
iv. Any complaints received
v. Seizures of drugs or offensive weapons
vi. Any faults in the CCTV system
vii. Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.
10. Records must be completed within 24 hours of any incident, and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident.
11. The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.
12. As a standard, all drinks served shall be served in toughened or strengthened glasses.
13. The number of SIA registered door supervisors shall be in attendance at the premises in the following numbers, days & times listed below and employed until 30 minutes after closing time each day.
Monday, Tuesday, Wednesday, Thursday and Sunday - No SIA door supervisors unless the Risk Assessment by management requires it.
Friday and Saturday - As a standard, a minimum of 2 SIA Door supervisors will be on duty from 21.00 hours until close on Friday and Saturday nights. Thereafter, the number of SIA licensed door supervisors employed shall be in accordance with 1:100 ratio of door supervisors to customers.
During peak times a minimum of 4 SIA door supervisors will be on duty from 2100hrs until close. For the purposes of this premises licence “peak times” is defined by school holidays and tourist season which runs from June - August.
14. DPS and/or the premises licence holder will be responsible for conducting risk assessments for the requirement of additional door staff especially during busy periods, public holidays, or any other events such as sporting events or festivals.
15. One member of door staff to be situated in the smoking area at all times past 22:30hrs.
16. A Risk Assessment with a full review will be completed every quarter, but immediate action will be taken if there is seen to be evidence to suggest an increase to the volume of SIA trained door staff is required on any particular day.
17. A register of door staff will be maintained with the name, date, license number and times that the door staff were on duty. This will be available to any representative of the police or local authority when requested.
18. A search policy shall be in place and will include procedures for the confiscation of prohibited articles, such as drugs and weapons.
19. There will be the facility to search patrons on their exit from the premises to prevent articles such as axes, darts or similar being removed from the premises.
20. A communication system such as internal radio network must always be in operation, allowing all staff including door supervisors to communicate as necessary throughout the premises.
21. On those occasions when SIA registered door supervisors are employed at the premises, the supervisors and/or the DPS will ensure that an adequate system for measuring the number of patrons in the premises is used, such as clicker devices.
22. Numbers of patrons on the premises will be recorded hourly in the door supervisor logbook.
Public safety
1. In the absence of adequate daylight, artificial lighting in any area accessible to the public shall be fully operational whilst the public are present.
2. The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.
3. All premises must have emergency lighting, tested daily and a log maintained.
4. There will be a one-way system to access and exit the mezzanine level of the premises.
5. Customers will be directed by clear signage, which will be enforced by the relevant staff.
6. Activities deemed to be 'High Risk 'such as Axe Throwing will be confined to a separate area of the premises as per the premises Plan. High risk' gaming materials (axes etc.) will be removed from the area and locked in a secure storeroom / cupboard when such activities are not being conducted.
7. No persons under the age of 18 will participate in activities deemed to be 'High Risk 'such as such as Axe Throwing.
8. Participation in activities deemed to be 'High Risk 'such as Axe Throwing will cease not later at 22:00 hrs daily.
9. The High Risk Gaming Area of the premises, where activities such as Axe Throwing are conducted will be an 'alcohol free' zone, which will be advertised with adequate signage.
10. The suitability of participants in these high-risk activities will be assessed by a dedicated member of staff, who if deems it necessary will utilise a Police approved hand held breathalyser device as part of such an assessment. Any such assessment will be conducted prior to any participation in a High-Risk activity.
11. A member of suitably trained staff will be present at all times in the area of the premises designated as 'The High Risk Gaming Area'.
12. There will be a dedicated First Aid Station containing a trauma pack as well as a suitable first aid kit for the premises - the kit should be replenished at regular intervals. Notices shall be displayed advising patrons of the location of the First Aid Station. Staff holding a suitable up to date medical First Aid qualification shall be on duty at the premises whenever activities deemed to be 'High Risk 'are conducted.
13. Any additional games to form part of the entertainment must be agreed in writing with the Police and the Local Authority.
The prevention of public nuisance
1. The handling of kegs, bottles cleaning equipment, bottle disposal and similar items shall not take place before 08.00 hours or after 23.00 hours.
2. Noise from the premises shall not be audible within any dwelling with windows open for normal ventilation especially after 23.000 hours. This shall be assessed from the boundary to the nearest residential properties, on all side of the licensed premises. The criteria that shall be applied are: -
i. Before 23.00 hours - Noise emanating form the premises shall not be clearly distinguishable above other noise.
ii. After 23:00 hours - Noise emanating from the premises shall not be distinguishable above background level noise.
iii. The local authority shall reserve the right in cases of tonal noise and where premises are attached to others, to make further assessments from within the residential property.
3. A senior member of staff (Manager) shall assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment to ensure level of noise have not increased.
4. No deliveries (in relation to licensable activities) to the premises shall take place between 20.00 hours and 09.00 hours.
5. No fumes, smoke, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.
6. Ventilation equipment will be regularly cleaned and maintained to control the levels of fumes, smoke, steam or odour generated by the premises.
7. All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting and lockable lid.
8. During the hours of operation of the premises, sufficient measures will be taken to remove and prevent litter and waste arising or accumulating from customers in the area outside the premises. This area shall be swept and/or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
9. The entrance/exit door(s) shall be fitted with a suitably constructed lobby and doors with automatic door-closers that are maintained in good working order to minimise noise break out from the premises.
10. Prominent signage shall be displayed at all exits from the premises requesting that customers leave quietly.
11. When issues are identified approaches will be made to patrons, who will be asked not to stand around talking in the street outside the premises and asked to leave the vicinity as quickly and quietly as possible.
12. A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours.
The protection of children from harm
1. The premises shall operate a Challenge 25 Policy and any individual who appears to be under the age of 25 will be required to produce an approved form of photographic identification as outlined within the Torbay Council’s Licensing Statement of Principles.
2. All staff engaged in licensable activity at the premises will receive training and information in relation to the following:
i. The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.
ii. The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.
iii. How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).
iv. Recognising the signs of drunkenness.
v. The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.
vi. Action to be taken in the event of an emergency, including reporting an incident to the emergency services.
3. Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 6 monthly intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority. Training records will be retained for at least 12 months.
4. No persons under the age of 18 years shall be permitted in the premises after 22.00 hours, with the exception of under 18 staff who shall be permitted to remain on the premises until 23.00 hours.
5. All persons under the age of 18 must be accompanied by a responsible adult.