Play Cafe

161 Higher Union Street, Torquay, Devon, TQ1 4BX

Completed application 007313 which is a Variation Application for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• a performance of dance
• entertainment facilities for making music
• entertainment facilities for dancing
• provision of late night refreshment
• the sale by retail of alcohol
• an exhibition of a film

Additional Conditions

•  

  ANNEXE 1

   

   

•  

  MANDATORY CONDITION:  WHERE LICENCE AUTHORISES SUPPLY OF ALCOHOL

   

  1)       No supply of alcohol may be made under the premises licence:-
   

  ()        at a time where there is no designated premises supervisor in respect of the premises licence , or
   

  ()        at a time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended.

   

  2)              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

•  

  MANDATORY CONDITION: DOOR SUPERVISION

   

  1)       Where one or more individuals are carrying out security activities, each individual must be licensed by the Security Industry Authority.

   

  2)       But nothing in the aforementioned conditions requires such a condition to be imposed in respect of a) and b) and (b)(i) and (b)(ii)

   

  ()        in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), are exempt.
   

  ()        In respect of premises in relation to-

  ()        any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

  ()        any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

   

  3)              For the purposes of the aforementioned conditions:-

   

  ()        “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and
   

  ()         paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

   

  MANDATORY CONDITION:  EXHIBITION OF FILMS

   

  1)       Where the film classification body is specified in the licence, admission of children must be restricted in accordance with any recommendation made by that body.

   

  2)       Where -

   

  ()        the film classification body is not specified in the licence, or
   

  ()        the relevant licensing authority has notified the holder of the licence that this condition applies to the film in question,
   

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  In the case of the aforementioned conditions

                “children” means persons aged under 18; and

                “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (authority to determine suitability of video works for classification).

   

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

• Conditions Transferred from the Licence

   

  1.              No person under the age of 18 years shall be admitted to the premies other than on the occasion of under 18 disco evenings.

   

  2.              A CCTV camera to be installed on the premises, to be maintained and used throughout licensing hours, tapes to be kept for 31 days and to be made available to the Police on request.

   

   

•  

  PUBLIC ENTERTAINMENT LICENCE STANDARD CONDITIONS - 2000 REVISION

   

  1. GENERAL
   

  (a)              In these conditions the term `Council' shall mean the Torbay Borough Council or any officer authorised to use appropriate Delegated Powers on its behalf.
   

  (b)               In these conditions, the term `Licence' shall be the Public Entertainment Licence issued or renewed from time to time by the Council.
   

  (c)               In these conditions, the term `Premises' shall be the building, land or any part thereof more particularly referred to in the Licence.
   

  (d)               In these conditions, the term `Licensee' shall be that person or those several persons whose name or names are so indicated on the Licence.
   

  (e)               In these conditions, the terms "Door Steward", "Security Staff", "Door Staff" and "Steward", whether in the singular or the plural, shall be any person employed as a steward who has the authority of the proprietor or licensee exclusively or mainly to decide upon the suitability of customers to be allowed entry to the premises, to maintain order on the premises and/or to assist patrons escape in the event of fire.  Such staff shall have no other duties and shall be in addition to staff employed on cloakroom, bar, food preparation, food service, pay desk and disc jockey duties.  

   

  2. DISPLAY

   

  (a)               The Licence, and any Schedule of Special Conditions applicable thereto, shall be permanently exhibited in a conspicuous position within the entrance or foyer of the Premises.

   

  (b)               A copy of these conditions shall be displayed in a part of the Premises where it can be easily seen by all members of staff.

   

  (c)               There shall be affixed and kept in some conspicuous place on the door or entrance of the Premises an inscription in one inch capital letters in the following words:-

                ``LICENSED IN PURSUANCE OF ACT OF PARLIAMENT FOR PUBLIC ENTERTAINMENTS''

   

  3. SANITARY EQUIPMENT AND CLEANLINESS
   

  (a)               All parts of the Premises, including fittings, shall be kept clean to the satisfaction of the Council.
   

  (b)               Suitable and sufficient sanitary accommodation shall be provided. All lavatories, wash hand basins, water closets and urinals shall at all times be properly maintained in good order and repair, effectively cleansed, ventilated and supplied with water and all necessary requisites. All doors leading thereto shall be suitably marked.

   

  4. STEWARDS, CAPACITY AND CONTROL
   

  (a)               The Licensee shall take all due precautions for the safety of public, the performers and employees and, except with the approval of the Council in writing, shall retain control over all licensed portions of the Premises. Any instructions given by the Council regarding the safety of the audience or any other person present at the entertainment shall be put into effect as soon as required.
   

  (b)               The Licensee shall be responsible for compliance with these conditions and will be in attendance at the Premises throughout the provision of any entertainment. Arrangements may be made for a responsible person, being not less than 21 years of age, to be appointed in writing for the purpose of deputising for the Licensee in his absence. He shall be assisted by a staff of attendants or stewards as required by these Standard Conditions and any Special Conditions of the Licence.
   

  (c)               The Licensee shall be responsible for ensuring that public entertainment is offered only within the terms, on the days and within the hours more particularly set out in the Licence or other written notification to the Licensee. This shall include the instigation of a scheme or procedure for ensuring that the maximum allowable capacity is not exceeded. Such arrangements shall include provisions whereby any authorised officer of the Council or any member of the Devon Fire and Rescue Service in uniform or a Police Constable can determine, without a physical count, the number of persons on the Premises. Counting by means of a numbered ticket system including complimentary, guest or other free tickets which at any one time for a single performance will indicate the maximum number of persons admitted into the Premises may be substituted in place of counting machines.  Such arrangements shall also include provisions for ascertaining the number of persons present on different levels within the Premises if more than one is in use.
   

  (d)               Throughout the time that the public are on the Premises, the following minimum number of stewards shall be provided unless the Licence specifies some other number in which case such other number will apply:-

   

  (i) NON LIQUOR LICENSED PREMISES

  In respect of the whole premises

  For every level in use under 100 capacity

  For every level in use over 100 capacity

   

  (ii) LIQUOR LICENSED PREMISES

  One steward shall be provided for each 100 people based on the maximum permitted capacity for the Premises.

  There should be a minimum of two stewards on duty for the next 200 people and an additional one steward for every 100 people or part thereof once teh number of people exceeds 200 on the premises.

  (Figures shown indicate the ratio of stewards to persons attending the entertainment assuming the maximum level of permitted capacity)

   

  (e)               This condition shall be operative only where it is stipulated in the licence document that it shall do so.  The Licence document may also specify arrangements different from those detailed below in which case such alternative requirements will take precedence.  If the premises have the benefit of a Special Hours Certificate issued by the Licensing Justices, all reference to ‘premises’ within this Condition shall be limited to those areas covered by such Certificate and only during such times as specified therein.  In all other cases, the arrangements shall apply to all areas shown in the Licence document.  

   

                Any person employed as a steward shall have been appropriately trained and registered with Torbay Council by having successfully completed a course of instruction under the Torbay Door Stewards Registration and Training Scheme and confirmed to be a fit and proper person to carry out such duties.  In addition, any person in the employ of the proprietor or licensee who has applied for entry to the Scheme may be employed on such duties provided that such person has not been advised that participation within the Scheme will be subject to Committee approval and is ONLY prevented from undertaking appropriate training by the unavailability of a course.  In these circumstances, any such unregistered person shall not be counted as part of the required number of stewards under the Special Conditions of the Licence or Paragraph 4d. above unless a specific request shall have been made to the Council for a temporary registration to be granted in respect of that person, consent to use such applicant as part of the required number being indicated by the issue of a Temporary Registration Badge.  Under no circumstances will the number of temporarily registered staff exceed 50% of the required minimum number of stewards.   A list shall be kept of all staff employed in respect of stewarding duties, such record to include the dates on which appropriate training has been provided or the date a Temporary Registration shall have been granted.  In addition, a register shall be kept at the premises of all stewards on duty on each day the premises are opened to the public, such register to be entered with the name of the employee, the time that the duty commenced and ended and each entry shall be signed by both the employee and the Licensee.  Both the list and register shall be retained for at least twelve calendar months and produced on demand at any reasonable time to an officer appointed for the purpose by the Council, a member of the Devon Fire and Rescue Service or a Police Constable. All such stewards shall, whilst the public are on the premises, wear the appropriate photographic identity badge in a position where it can be seen and read.   In the event that the full number of required stewards is not available at any time, the premises will be allowed to open to the public on the basis that the capacity in such circumstances shall be reduced and shall not exceed 75 people to each available steward with a minimum of one to each fire exit.  Whenever such arrangements shall have become necessary, the register referred to above shall be annotated accordingly giving appropriate reasons for the change.    
   

  (f)              Any person acting as a steward in any circumstances other than those outlined in Paragraph 4e. above shall have been given appropriate instruction in Fire Safety and First Aid.
   

  (g)               All persons acting as stewards shall wear appropriate distinctive clothing or armbands so that they may be readily identifiable as stewards.

   

  5. ENTRANCES, EXITS, GANGWAYS, FASTENINGS AND NOTICES
   

  (a)               The exits in the Premises shall be clearly indicated and maintained to afford the public ready and ample means of safe escape.
   

  (b)               In all such premises where it is deemed necessary by the Council and the Fire Service, a diagramatic plan showing clearly the escape routes and the seating pattern shall be deposited with the Council and a copy displayed within the main entrance to the Premises.
   

  (c)               All exit doors shall be kept unlocked and available for exit during the whole time that the public are on the Premises, provided that any person leaving during a performance or exhibition may be directed to certain exits at the discretion of the management.
   

  (d)               Exit doors shall open in the direction of exit travel.  Any doors which have been permitted by the Council to open inwards shall be locked in the open position when the Licence is in force and the public are on the premises.  The key shall be removed to a safe place not accessible to members of the public.

   

  (e)               All exit doors must, if fastened during the time the public are on the Premises, be secured during such time by automatic bolts only, of a pattern to be approved by the Council and the Fire Service. Doors secured by such bolts shall be clearly marked ``PUSH BAR TO OPEN'' in block letters not less that 20 mm. and preferably 50 mm. in height immediately above or below the push bar.
   

  (f)               All doors and fastenings shall at all times be kept in proper working order.

   

  (g)               All exits shall be indicated by the word ``EXIT'' in plain block lettering not less than 125 mm. high placed above any door or opening leading to any exit. This notice should be placed between 2 m. and 2.5 m. from the floor.

   

  (h)               The word ``PRIVATE'' or the description of the room to which the door leads shall be painted in letters not less than 25 mm. in height on any door which is in view of the persons present and which does not lead to an exit.
   

  (i)               Exit routes shall be maintained free from obstruction at all times, and in particular, no provision for hanging clothing or storing any article shall be made in corridors, passageways, gangways or exitways.

   

  (j)               All floors, stairs and steps shall be maintained with non-slippery and even surfaces and any floor covering shall be so secured and maintained that it will not ruck or be in any way a source of danger. Mats shall be sunk so as to be flush with the surface of the floor. The nosings and treads of stairs used by the public shall be kept in good repair and shall be conspicuous.

   

  (k)               Persons must not be allowed to stand, sit or otherwise remain in any gangway or exitway.
   

  (l)               Curtains shall not be hung across gangways, exitways or over staircases. Where hung over doorways or across corridors, they shall draw easily from the centre and slide freely and shall be clear of the floor.
   

  (m)               Before the public is admitted to the Premises, the Licensee shall inspect or cause to be inspected all doors, exits and exitways to ensure that the same shall comply with these requirements and that all fastenings and bolts are in proper working order.

   

  6. SEATING AND STANDING
   

  (a)               In any part of the Premises which is regularly or exclusively used for a closely seated audience, all seats shall be securely fixed to the floor.
   

  (b)               In any part of the Premises not so regularly used chairs, if provided, shall be securely fastened together in lengths of not less than four nor more than twelve whenever more than 250 persons are to be accommodated. There shall be space of not less than 300mm between the back of one seat and the front of the one behind measured between perpendiculars. Provision shall be made for the end seats in each row which flank the gangways to be securely fastened to the floor.

   

  (c)               Except with the consent of the Council, no seat shall be more than 4 metres from a gangway.

   

  (d)               Where any entertainment involving a closely seated audience is provided, seats must be allocated by row and seat number.  The seating arrangements must be notified by the provision of a suitable plan to the Council and the Fire Service.  Such seating arrangements shall not be installed or used unless they have been first approved by the Council.

   

  7. ELECTRICAL, LIGHTING, HEATING AND VENTILATION ARRANGEMENTS

   

  (a)               The whole of the electrical installation of the Premises shall be installed in a safe and satisfactory manner and shall be maintained in good working order.  No work shall be carried out on the system except by a suitably qualified and competent electrician.
   

  (b)               It shall be the duty of the Licensee to arrange an inspection of the whole of the electrical installation in the premises at least once in each three year period (or such shorter period as shall have been stipulated in writing by the Council). Such inspection shall be carried out by a competent electrician who shall be required to issue a Certificate of Fitness which must be produced to the Council as required.

   

  (c)               The Licensee shall obtain a Certificate of Fitness for all temporary electrical installations, including all electrical appliances in the auditorium. A copy of each certificate shall be available on the Premises, while the installation is extant, and it shall be produced to the Council as required. Such installation shall only be carried out by a competent person and be intrinsically safe.
   

  (d)               All temporary electrical installations shall be disconnected from the permanent installation immediately after each occasion on which they are used and shall be entirely removed immediately the need therefore has ceased.
   

  (e)                All wires, cables and conduits from such temporary installations shall be installed in such a way that they shall not be liable to snagging, looping or damage and so become a danger to persons present.

   

  (f)               A record shall be kept of Certificates of Fitness obtained

   

  (g)               The current regulations of the Institution of Electrical Engineers for the electrical equipment shall be taken as a standard for the electrical installation generally.

   

  (h)               A sensitive Earth Leakage Protection System (Residual Current Device) having a rated residual operating current of not exceeding 30 milliamps shall be installed and maintained as part of the fixed power circuit installation.  The device shall be regularly tested (at least once a month) and a record of such tests kept in a log book and produced to the Council as required.

   

  (i)               A nominated person conversant with the position of and procedures for dealing with the electrical installation is to be available at all times when the public are on the Premises.
   

  (j)               Where entertainers require a three phase supply, all such equipment shall be installed only by a competent electrical contractor.
   

  (k)               All parts of the premises shall be adequately illuminated and, except where otherwise permitted by the Council, those portions to which the public has access and all routes of escape for performers and staff shall be provided with adequate means of illumination from two independent sources.

   

  (l)               The emergency lighting shall at all times when the public are upon the Premises be maintained in working order and so kept in use (except in such parts as are for the time being adequately lit by daylight) that it is adequate to enable the public to see their way out of the Premises and clear of the building.
   

  (m)               The emergency lighting shall not be controllable from the stage nor from any place accessible to the public.

   

  (n)               The emergency lighting shall be maintained to British Standard 5266, be tested regularly, at least once a month, and a record kept of such tests, such record to provided to the Council as required.
   

  (o)               In the event of failure of the general lighting, the public shall be required to leave the Premises forthwith.
   

  (p)               In the event of the failure of the emergency lighting, the auditorium shall be immediately fully illuminated by the general lighting and the public shall be required to leave the Premises forthwith.
   

  (q)                Any batteries supplying emergency lighting shall be fully charged before the public are admitted to the Premises. They shall be of such capacity and so maintained as to be capable of supplying at normal voltage the full load of the emergency lighting during the time required for "safe escape" of the public in an emergency.
   

  (r)               When the public has been required to leave the Premises owing to a failure covered by these provisions, they shall not be readmitted until the general lighting or emergency lighting, as the case may be, failure of which was the reason for their being required to leave, shall have been fully restored.
   

  (s)               All lighting to exit notices shall be maintained in good repair and shall not in any circumstances be extinguished or dimmed while the public are on the Premises.
   

  (t)               In all cases where it is desired to install temporary lighting, notice must be given to the Council, in writing, at least 48 hours before the desired commencement of any work.,
   

  (u)               All temporary work must be immediately removed when no longer required for the purpose for which it was installed.
   

  (v)               All parts of the premises shall be kept properly and sufficiently ventilated to the satisfaction of the Council and, in those places where it is required for the purposes of the evacuation of smoke, the system shall be installed and maintained to the satisfaction of the Devon Fire and Rescue Service.

   

  8.  FIRE PRECAUTIONS
   

  (a)               All curtains and drapes within the Premises shall be flame resistant to the satisfaction of the Council. The Licensee shall provide documentary evidence of the nature and date of any fire-proofing treatment. Details of such treatments shall be recorded in a log book and produced to the Council as required.
   

  (b)               The surfaces of walls and ceilings of the Premises to be of not less than Class 1 flame spread as defined by British Standard 476 :Part 7. and escape routes to be not less than Class 0 as defined by paragraph A.8 of Approved Document B2/3/4 of the Building Regulations. No redecoration of these surfaces may be carried out without the prior consent of the Council.
   

  (c)               A competent person trained in the handling and use of the fire equipment provided must be in charge of such equipment during the whole time that the public are on the Premises. The person so in charge shall not be assigned or allowed to perform any duties which will prevent him or her from being immediately available at all times.
   

  (d)               A staff fire drill, including an evacuation procedure, shall be held at least once a month under the direction of the Licensee. A record shall be kept of such drills, and made available to the Council as required.

   

  (e)               The Licensee shall take all possible steps to eliminate the danger of fire occurring and shall ensure that all members of staff, stewards and attendants are fully instructed in their duties in the event of fire.
   

  (f)               A written copy of fire drill instructions, including action to be taken when a fire or other emergency is discovered, shall be displayed on the premises with these conditions.
   

  (g)               No portable heating appliances of any description shall be used in the Premises while the public are present, without the consent of the Council.
   

  (h)               No explosive or highly inflammable material shall be brought into the Premises and no liquefied petroleum gas cylinder shall be used or stored in any part of the Premises whilst the public are present.

   

  (i)               No cotton wool or other similar highly inflammable material shall be used for scenery, decoration or costume.

   

  (j)                Fire fighting equipment and a suitable approved alarm system shall be installed within the Premises and in such a way as shall be required by the Council and the Fire Officer. All such equipment shall be maintained in good and efficient working order and kept ready for use and regularly tested. Portable fire extinguishers should be discharged at regular invervals in accordance with Clause 10:2 of British Standard Code of Practice 5306 : Part 3 : 1980. Any backstage automatic sprinkler installations must be designed, installed and maintained in accordance with the latest requirements of the Fire Officers' Committee by a company entered on that Committee's Approved List of Installers Parts I,II or III.  All tests are to be recorded in a log book to be produced as required by the Council.
   

  (k)               Fire appliances containing carbon tetrachloride (CTC) or methyl bromide shall not be kept or used on the Premises.
   

  (l)               Smoking will be prohibited within any stage area and dressing rooms and notices will be prominently displayed to this effect.
   

  (m)               Immediately a fire is discovered or suspected, the Fire Brigade shall be called immediately by dialling 999. Any outbreak of fire, however small, shall be recorded in a log book.
   

  (n)                A conspicuous notice shall be displayed at the entrance or in the foyer of the Premises describing the position of the nearest telephone.
   

  (o)               The Licensee shall give at least 21 days written notice to the Council of any proposed dangerous performance or exhibition, including exhibitions involving the use of naked flames and no such exhibition shall be permitted unless prior consent has been given by the Council.
   

  (p)               Pyrotechnics shall not be used other than on a stage which is capable of being separated from the public by a fire-resisting curtain and the Council has given its express consent. In this connection, pyrotechnics means apparatus or other devices used to produce smoke, vapour or firework type effects.
   

  (q)               The Licensee shall provide to the Council at least 28 days notice of his intention to install strobe or laser equipment and such equipment shall not be used without the express consent of the Council
   

  (r)               Combustible materials may only be stored in such positions as may be approved by the Council.

   

  (s)               Heating of the Premises shall be provided and maintained in a manner satisfactory to the Council. If required by the Council, a certificate in a prescribed form to the effect that the space heating apparatus and hot water boilers have been examined and tested and are in a safe working condition, shall be give annually by a recognised insurance company and shall be submitted to the Council with any initial or renewal Licence application.
   

  (t)               Every heating applicance used on the Premises shall be so protected or situated sufficiently far from any woodwork, hangings or other materials that it shall not be likely to catch fire.
   

  (u)               All gas burners must be of a type and position approved by the Council. Gas taps within reach of the public shall be of a secret or safety pattern.

   

  9. STRUCTURE AND SUITABILITY
   

  (a)               No alteration, either permanent or temporary, whether in construction or rearrangement of any detail, or otherwise, shall be made in the Premises without the consent of the Council. Plans and particulars, in duplicate, of such alterations must be sent to the Council for approval and no work may commence until such approval is given. Such consent will not be required for any work which is necessary for the efficient maintenance of the approved arrangements and which will be carried out in accordance with these conditions and the Council's technical requirements.
   

  (b)               Notice shall also be given to the Council of any intention to carry out work necessitating the use of internal or external scaffolding, cradles or plant. If the Council shall so require, the Premises shall be closed to the public until the work has been completed and the scaffolding, cradles and plant have been removed.
   

  (c)               In the event of any Premises being closed for the purpose of effecting alterations, additions, repairs, or decorating they shall not be reopened to the public unless and until the consent of the Council shall have been obtained. At least fourteen days notice in writing to the Council shall be given by the Licensee of his intention to reopen the premises and, in order that necessary inspections and tests may be made at the Premises by the Council, a clear interval of 48 hours (not including Sundays and Bank Holidays) shall elapse between the completion of the building and its equipment in accordance with the requirements of the Council and the date of proposed re-opening of the Premises.
   

  (d)               Except with the prior consent of the Council, no work in connection with any alterations, repairs or redecoration in areas occupied by the public or performers shall be carried out whilst the public are on the Premises.
   

  (e)               Any consent under this Condition does not relieve the Licensee of any necessity to seek a variation in the terms of the Licence where it is clear that such variation would be necessary as the direct result of the works carried out. eg. Removal of walls between separate rooms so affecting the capacity of each.
   

  (f)               If required by the Council, the Licensee shall at his own expense provide a certificate to the effect that the Premises have been examined by a competent Technical Adviser (deemed to be suitable by the Council) and found to be structurally sound for the purpose for which they are intended to be used. Such certificate shall include an inspection of all ceilings and ornamental plasterwork. The certificate shall be renewed every five years or at any other time when required by the Council.

   

  (g)               Where the Licence permits the provision of dancing, a suitable and clearly identifiable single area must be available for this purpose. The minimum area to be set aside shall be four square metres where the Licence permits a maximum capacity of between 1 and 99 people, six square metres where the Licence permits a maximum capacity between 100 and 199 people and nine square metres where the Licence permits a maximum capacity of over 200 people

   

  10. CONDUCT OF PREMISES AND NOISE NUISANCE
   

  (a)               The Licensee shall keep and maintain good order and decent behaviour in the Premises during the hours of public entertainment. No performance or exhibition provided shall be of an obscene, indecent or objectionable nature.
   

  (b)               The Licensee shall at all times ensure that persons on or leaving the Premises and using adjacent car parks and highways conduct themselves in an orderly manner and do not in any way cause annoyance to residents or persons passing by.
   

  (c)               The Licensee shall ensure that noise shall not emanate from the Premises such as to cause persons in the neighbourhood to be unreasonably disturbed. To this end, adequate sound insulation should be provided and regard must be had to the ventilation requirements for the Premises. All sound insulation must be installed to the satisfaction of the Council.
   

  (d)               The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the Licensee or Management and the controlling mechanism shall be operated from a part of the Premises not accessible to the public.
   

  (e)               During any period of time where amplified sound is played in any part of the Premises either:-

   

  (i)               the noise level shall not exceed 102 dB(A)(slow) at any time or 95 dB(A) Leq over a 10 minute               period OR

  (ii)               the contents of ``The Draft Code of Practice on Sound Levels in Discotheques'' (HMSO Ref. ISBN 01175 1862X) be adopted in its entirety on the Premises OR

  (iii)               suitable noise compressors/limiters (Entertainment Noise Controllers) be installed and operated to the satisfaction of the Council.

   

  11.  HYPNOTISM AND OTHER ENTERTAINMENTS PROVIDING SPECIAL RISKS

   

  (a)                             Unless the express written consent of the Council shall first have been obtained, no entertainment shall be provided in any part of the premises consisting of or involving:-
   

            Hypnotism (as defined by the Hypnotism Act 1952);

            Striptease, lap dancing or any similar performance;

            The use of special effects, or matters in respect of which special risks will arise, including the introduction to any area occupied by the public of any material, vapour, liquid, foam or foodstuff; or

               The use of any temporary structure or staged area
   

                              Applications for such consent must be made in writing in a form to be prescribed by the Council and submitted not less than 28 days (or such other period as the Council may specify in particular circumstances) before the performance is intended to be provided.  Additional information considered appropriate to the application may be required to be provided and, after due consideration,  additional conditions may be imposed in relation to the entertainment, for which an additional fee may be payable.  A copy of the application shall at the same time be forwarded to the Chief Officer of Police and Fire Authority.

   

  (b)               With regard to a performance involving hypnotism, the application shall, in all cases, contain the following particulars.(1)  the name and address of the person by whom the exhibition, demonstration or performance is to be given, (hereinafter called "the hypnotist"); (2) a description of the proposed exhibition, demonstration or performance; and (3) a statement as to whether, and if so, giving full details thereof, the hypnotist has been previously refused, or had withdrawn, a consent by any Licensing Authority or been convicted of any offence under the Hypnotism Act 1952 or of an offence involving the breach of a condition regulating or prohibiting the giving of an exhibition, demonstration or performance of hypnotism on any person at a place licensed for public entertainment.
   

  (c)                In relation to any consent given for a hypnotism display, the following conditions shall apply:-

   

  1                No exhibition, demonstration or performance shall be held whereby:

                harm is caused or is likely to be caused to any person attending it, any person is caused, while under the influence of hypnotism, to say or do anything offensive to the public; if the Council notifies the Licensee in writing that it objects to anything said or done in the course of the exhibition such thing shall not thereafter be included in the exhibition, there is the giving of hypnotherapy or any other form of treatment, there is any experiment in which there is either the age regression of the subject or the subject is suspended between two supports (so called "catalepsy") or there is the giving of suggestions to the subject that he should perform any act or behave in any manner which is likely to be interpreted as indecent, offensive or harmful, nor that the subject should consume any substance which is either noxious or harmful.
   

  2                All hypnotic or post-hypnotic suggestions shall be completely removed from the minds of the subjects (including those of the audience) before they leave the room or place in which the performance takes place.  Likewise, any post-hypnotic suggestions given shall take place only in the presence of the hypnotist and shall not continue after the performance or away from the room or place in which the performance takes place.
   

  3                The exhibition shall conform to the description submitted to the Council unless the Council has required or expressly authorised a modification. 
   

  4                Any modifications in the exhibition subsequently required by the Council shall be made immediately upon notice thereof being given by the Council to the Licensee.
   

  5                No inducements shall be offered to any person to subject themselves to the influence of the hypnotist.
   

  6                No poster, advertisement or programme relating to the exhibition shall be displayed, sold or supplied by or on behalf of the Licensee either at the premises or elsewhere, which is likely to be injurious to morality or otherwise offensive to public feeling;  if the Council notifies the Licensee in writing that it objects to such an item so displayed, sold or supplied, that item shall not thereafter be displayed, sold or supplied.  All such items promoting the exhibition shall draw attention, in a clear and legible manner to the prohibition on the hypnotising of persons under the age of 18 imposed by Section 3 of the Hypnotism Act 1952.

   

  12.   MISCELLANEOUS
   

  (a)               If the premises have the benefit of a Special Hours Certificate, issued by the Licensing Justices under Section 77 of the Licensing Act 1964, all drinking glasses in which drinks are served shall be of strengthened glass.  No drink shall be served in a glass bottle from which it is intended or likely that a customer will drink.
   

  (b)               A log book shall be kept upon the Premises in which shall be entered particulars of inspections required to be made under, and compliance with, Conditions 5m, 7f, 7h, 7n, 8a, 8d, 8j, 8m, 11h and 11i of these Conditions.  The log book shall be kept available and produced for inspection when required by the persons authorised under these Conditions.
   

  (c)               Any officer appointed for the purpose by the Council or any member of the Devon Fire and Rescue Service in uniform, or a Police Constable, may at all reasonable times enter the Premises with a view to seeing whether the provisions of the Local Government (Miscellaneous Provisions) Act 1982 and conditions made thereunder have been complied with.
   

  (d)               The Licence may be revoked by the Council if at any time the Licensee is convicted of any offence of using any place for an entertainment other than in accordance with the terms, conditions or restrictions of the Licence.
   

  (e)               The Council reserves the power after the grant, renewal or transfer of the Licence at any time to dispense with or modify or relax any of these terms, conditions or restrictions, and to make such additional terms, restrictions and conditions as they may deem requisite to meet the circumstances of any particular case.
   

  (f)               Any application by a Licensee to alter any of the terms, restrictions and conditions applicable to the Licence shall be in the form prescribed by the Council and contain all information reasonably required by the Council to allow the modifications to be considered.

   

  (g)               Facilities and equipment suitable for the number of patrons and the type of event undertaken by virtue of the Licence, shall be provided to enable first-aid treatment to be given promptly in the event of injury to patrons or staff.
   

  (h)                A responsible member of staff shall be designated to take charge of a situation, call an ambulance and administer first aid in the event of any patron or member of staff becoming badly injured or taken seriously ill whilst on the Premises.
   

  (i)                In the event of any accident causing injury to any person or property within the Premises, the Licensee shall within 48 hours report the same to the Council and shall supply any particulars in respect thereof as the Council may require. In addition, the Licensee shall record any particulars in respect thereof as shall be required by the Council. (This requirement is without prejudice to the Statutory Requirements).
   

  (j)               The date on which any staff have obtained first aid qualifications or received refresher training shall be recorded and kept with the log book.

   

  Please note: condition 4e regarding Torbay Door Stewards Registration and Training Scheme has now been superseded by the mandatory condition on door supervision.

   

• Additional Conditions Transferred from Public Entertainment Licence

   

  1.              Music singing and dancing shall be permitted between 10am and 2am each Monday to Saturday inclusive, between 12 midday each Sunday and 12.30am on the following Monday with the exception of Bank Holiday Sundays (exclusing Easter Bank Holiday Sunday) when the terminal hour shall be 2.00am, and between 12 midday and 11.30pm each Christmas Day and Easter Day.

   

  2.              Smoke/vapour producing apparatus may be used on the premiss on the following conditions:-

   

                A.  The smoke machine must not obstruct exit routes nor cause hazard to surrounding items such as curtains or drapes.  The volume of smoke/vapour must be controlled so that it does not seroiusly affect means of escape, obscure exit signs or drift into exits and stairways.

   

                B.  The machine must be in a fixed position, adequately protected against unauthorised interference, within sight of and manned by or be readily accessible to competent persons at all times.

   

                C.  The licensee will be required to produce documentary evidence of the non-toxicity and non-flammability of the smoke or vapour produced.

   

                D.  The smoke/vapour must be limited to areas where the public are admitted, areas where there are changes in floor level, and possible trip hazards must be avoided

   

                E.  Fans must be used, where necessary, to direct the smoke/vapour into the desired area, in order to prevent clouding at the poinf of discharge and possible overspill into means of escape.

   

                F.  Actual use of the machine must be limited to the minimum amount of time required to achieve the necessary level of density.  In connection with this the fire authority advise operation for a maximum of 5 seconds, not more than four times per hour.

   

                G.  Any electrical item used to produce smoke/vapour must be subject to a current electrical test certificate.

   

  3.              Strobe and flickering lights may be used within the premises in accordance with the H.E.L.A. recommendations, including limitation of the flicker rate to not exceed 5 flickers per second.

   

  4.              This licence shall apply only to those parts of the premises named below and the maximum number of persons to be permitted within those areas shall not exceed the figure stated:-

   

  The Liquor Licensed Area - 700

   

  5.              When the 'Bucking Bronco' machine is in use, this shall be placed in the agreed section of the dancefloor and occupy only the agreed floor area.  On nights when this is in use, the maximum capacity shall be reduced to 500.

   

  The standard condition 4e will apply to these premises.

   

• General

   

  1.              The management must continue to train its staff as required by relevant legislation.

   

  2.              The style and operation of the venue must not differ significantly during the extended hours.  The extended hours must promote the licensing objectives as stated in paragraph 3.29 of the guidance, in allowing customers to emerge from the premises at a more gradual rate.

   

  3.              The premises must continue to comply with all of the inherent conditions of the justices licence, public entertainment licences and other licences in force for the additional hours.  The Public Entertainment Licence guidelines are specific to this venue, its location and style of operation.  The premises must maintain safe capacity.

   

  The Prevention of Crime and Disorder

   

  1.              If a DJ is used on any nnight then he/she must ask customers to leave quietly.

   

  2.              The current level of lighting outside the premises must continue for the additional hours of trading.

   

  3.              The existing CCTV system must continue to operate during the additional hours of trading.

   

  4.              Notices stating that CCTV is in operation 24 hours a day must be displayed throughout the venue.

   

  5.              Any person who appears to be intoxicated or who is behaving disorderly must not be allowed entry to the venue.  Any person within this venue who appears to be intoxicated or who is behaving disorderly must be given care and consideration in leaving the venue.

   

  6.              The venue must actively participate and maintain membership in the local Pubwatch or equivalent scheme.

   

  7.              Where already used text/radio pagers must continue to be used for the additional hours of trading and will be monitored by a responsible member of staff.

   

  8.              Toughened glass must be used during additional hours of trading.

   

  9.              This venue must only accept photographic driving licences, passport or in agreement with the police a form of identification with the PASS hologram.

   

  Public Safety

   

  1.              The nature and operation of the venue must not alter during the additional hours.

   

  2.              Free drinking water must be available at all times.

   

  3.              A person trained in first aid must be at the venue who will have received appropriate training in problems associated with alcohol and drug misuse.

   

  The Prevention of Public Nuisance

   

  1.              If a DJ is used on any night then he/she must ask customers to leave quietly.

   

  2.              The current level of lighting outside the venue must continue for additional hours of trading.

   

  3.              The existing CCTV system must continue to operate during the additional hours of trading.

   

  4.              Notices displaying that CCTV is in operation 24 hours a day must be displayed throughout the venue.

   

  5.              Reasonable steps must be taken to recognise the need of local residents and businesses.

   

  The Protection of Children From Harm

   

  1.              A person under the age of 18 years may only visit the venue with a reasonable adult for the purpose of dining or similar unless there is an event especially organised for the youth market.  Unaccompanied persons under the age of 18 must not be admitted into the venue except at events especially organised for the youth market.

   

  2.              A person under 18 years must not be allowed to use any AWP machines.

   

  3.              The venue intends to have specially organised events for the youth market when the premises must adhere to the following policies:-

   

                1.  Admission policy;

                2.  General Policies Statement:

                3.  Code of Conduct for Staff Statement and

                4.  Child Protection Policy.

               

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

• The Prevention of Crime and Disorder

   

  1.              Where youth events are to be hosted, then the following conditions must apply to those events:

   

                i)              Police must be notified in writing 14 days prior to under 18's events taking place.

                ii)              All alcohol must be locked and obscured.

                iii)              AWP and cigarette vending machines must be unplugged, with fuses removed.

                iv)              All under 18's events must not finish later than 11.00pm.

                v)              All alcohol promotional material must be removed.

                vi)              Under 18's refusing to be searched must be refused entry.

                vii)              Promotional material must detail under 18's event policy on the door.

                viii)              During under 18's events there shall be at least two female door stewards present.

   

  2.              The licensee must show how they are to meet the licensing objectives in relation to cheap drink promotions which already occur regularly at these premises.

   

  The Prevention of Public Nuisance

   

  1.              Noise from the premises shall not be audible within any dwelling with windows open for normal ventilation especially after 11pm.  This shall be assessed from the boundary to the nearest residential properties, on all sides of the licensed premises.  The criteria that shall be applied are:-

                (i)              Before 11pm - Noise emanating from the premises shall not be clearly distinguishable above other noise.

                (ii)              After 11pm - Noise emanating from the premises shall not be distinguishable above background levels of 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.

   

  2.              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 levels of noise have not increased.

   

  3.              A noise limitation device shall be in operation controlling the system to which all amplification equipment is fitted.  This device shall be regularly maintained to ensure that the noise produced within the premises shall not be audible within any residential premises in the vicinity.

   

  4.              A noise limitatoin device shall be in operation controlling the system to which all amplification equipment is fitted.  This device shall be regularly maintained to ensure that the noise produced within the premises shall not be audible within any residential premies in the vicinity.

   

  5.              The placing of refuse, such as bottles, into receptacles outside the premises must take place at times that shall prevent disturbance to nearby properties.

   

  6.              Deliveries of kegs, bottles, food or other materials necessary for the operation of the business shall be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.

   

  7.              Provision of mechanical ventilation and air conditioning system shall not allow noise breakout from the premises or cause a nuisance by its operation.

   

  8.              Regular maintenance shall be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.

   

  9.              The handling of beer kegs, bottles and other similar items shall not take place in the late evening, at night and during the nearly morning., when the noise generated could cause a nuisance particularly outside buildings.

   

  10.              Bottle skips and bins containing cans or bottles shall not be emptied outside after closing but shall be dealt with the next day during normal office hours.

   

  11.              All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting lid.  This shall help precent litter being blown around.

   

   

   

   

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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