ANNEXE 2
CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
General
None
The Prevention of Crime and Disorder
1. A clear and legible notice shall be erected outside the premises indicating:-
- the normal hours under the terms of the premises licence during which licensable activities are permitted,
- the restrictions on the admission of children.
2. CCTV capable to covering both inside and outside the premises in positions agreed with both the Council and the Police shall be provided to enhance the safety of patrons and staff.
3. All cameras shall be maintained in good working order and will continually record.
4. CCTV records shall be retained at the premises for a minimum of 14 days, and be made available to the police, where the police demand them to be of evidential value.
5. Door stewards who are suitably trained and licensed with the Security Industry Authority shall be employed and deployed on a risk assessed basis. As a minimum, the following shall be utilised:- 2 stewards on Friday and Saturday evenings from 21.00 until the premises closes.
6. A register of all staff, including door stewards, who are working at the premises whilst the public is present shall be maintained.
7. Any person employed or engaged on the premises in a security activity such as the vetting of customers and/or the maintenance of public order at either any entrance to the premises or any part within shall hold the appropriate Security Industry Authority accrediation.
8. When on duty every Door Steward shall wear a uniform, distinctive dress or armband.
9. As a premises within the Council's defined cumulative impact area, night net radio must be installed. This provides effective two-way communication between the designated premises supervisor or their representative and the Police and other clubs or licensed premises in the locality.
10. The equipment/system shall be kept in working order at all times that the premises are open to the pubilc ensuring that all instances of crime and disorder are reported to an agreed police contact point and any police instructions/directions complied with whenever given.
11. All drinking glasses in which drinks are served shall be made of plastic or toughened glass.
12. After 2300 no drink shall be served in a glass bottle from which it is intended or likely that a customer will drink.
13. As soon as practicable after 2300 all bottles served before 2300 shall be collected and removed from the bar area.
14. Drinks, whether in drinking glasses or in opened bottles, shall not be removed from the premises unless intended for consumption within the Patio area.
15. All glasses shall be correctly stamped in accordance with Weights and Measures Legislation.
16. As a premises with a Pavement Cafe Licence, in the designated area, the Licensee must ensure that patrons shall be sat at tables and no alcohol shall be served in glasses (other than shatterproof or plastic glasses), or in glass bottles which it is intended or likely that a person shall drink.
17. To prevent the sale of alcohol to persons under the age of 18 years suitable written proof of age shall be required from young people attempting to purchase alcohol, in accordance with documents specified by Torbay Council's "Statement of Licensing Policy". Only the following documents will be accepted:- passport; photocard driving licence issued in a European Unino country; a Proof of Age Standards Scheme (PASS) Card; a CitizenCard, supported by the Home Office.
18. Bar staff shall be suitably trained to prevent the sale of alcohol to under 18's.
19. Signs shall be erected stating that anyone appearing to be under the age of 21 will be asked for identification.
20. Irresponsible drinks promotions shall not be utilised.
21. Regular glass and bottle collection shall be undertaken throughout the premises.
22. Cigarette machines shall be under the supervision of the management.
23. Cigarettes shall not be sold to anyone under 16. A notice to this effect shall be displayed.
Public Safety
1. A log book or recording system shall be kept upon the premises in which shall be entered particulars of inspections made; those required to be made by Statute, and information compiled to comply with any pubic safety condition attached to the premises licence that requires the recording of such information. The logbook shall be kept available and produced for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.
2. Adequate access must be provided for emergency vehicles.
3. All parts of the premises and all fittings and apparatus therein, door fastenings and notices and the seating, lighting, heating, electrical, ventilation, sanitary accommodation, washing facilities and other installations, shall be maintained at all times in good order and in a safe condition.
4. The fire safety measures with which the premises are provided shall be maintained in good working order, and their adequacy shall be determined on a regular basis, by the carrying out of fire risk assessment, as required by, and in accordance with the Fire Precautions (Workplace) Regulations.
5. The electrical installation shall be inspected annually.
6. All electrical applicances shall be inspected in line with a risk based inspection programme.
7. All doors and fastenings shall at all times be kept in proper working order. Gangways, exit routes and steps shall be maintained in good order with non-slippery and even surfaces.
8. Free drinking water shall be avaialle at all times.
The Prevention of Public Nuisance
1. Noise or vibration shall not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.
2. Noise from the premises shall not be audible within any noise sensitve premises (e.g. dwelling) with windows open for nornal ventilation after 11pm.
3. In order to ensure compliance with the above the DPS, or his agent, shall, as necessary, assess noise against the following criteria from the boundary to the nearest residential properties, on all sides of the licensed premises:
(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.
4. The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the DPS.
5. Noise levels within the premises resulting from the operation of any musical instrument or amplified equipment shall be regulated so as to protect the hearing of any employee/patron therein in accordance with current standards.
6. Prominent, clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.
7. The placing of refuse, such as bottles, into receptables outside the premises shall take place at times that will prevent disturbance to nearby properties.
8. 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 to avoid causing disturbance to nearby residents.
9. Doors and windows shall, when necessary to avoid potential disturbance, be kept shut during entertainment. To reduce noise breakout management scheme shall be in place to ensure this situation remains.
10. Patrons shall be asked not to stand around talking in the street outside the premises and asked to leave the vicinity quickly and quietly.
11. An announcement shall be made prior to closing requesting patrons' cooperation in leaving the premises and vicinity as quietly and quickly as possible.
12. Door staff shall be positioned at exits, particularly at closing times, to ensure noise from patrons leaving the premises is minimized.
13. A specific taxi operator must be nominated for staff and customers use. The company's telephone number shall be advertised to customers. The operator, and all drivers, must be aware that they should arrive and depart as quickly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessary.
14. Regular maintenance shall be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.
15. The handling of beer kegs, bottles and other similar items shall not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside buildings.
16. Bottle skips and bins containing cans or bottles shall not be emptied outside after clsoing but shall be dealt with the next day during normal office hours.
17. The movement of bins and rubbish outside the premises shall be kept to a minimum after 11pm.
18. The use of the patio area shall cease at 23.00.
19. No music or speech shall be relayed by external amplified speakers.
20. The premises shall remain open for at least half an hour after alcohol is served, during which time patrons shall be dispersed gradually.
21. 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 will help prevent litter being blown around.
22. Facilities for depositing litter and the collection of litter generated by patrons shall be available and maintained, where outside areas are provided for the use of patrons.
The Protection of Children From Harm
1. Children below the age of 18 shall be excluded from the inside of the premises after 19.00. Children under 18 may, when accompanied by an adult, use the Pavement Cafe area until 23.00.