Brixham Theatre & Scala Hall

Market Street/New Road, Brixham, Devon, TQ5 8LX

Completed application 032506 which is a Variation Application for Premises Licence from 04/09/2013 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• an exhibition of a film
• the sale by retail of alcohol
• entertainment facilities for making music
• a boxing or wrestling entertainment

Additional Conditions

• ANNEXE 1

   

  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).

   

•  

  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:  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.

   

  3)              .               (1)  The responsible person shall take all reasonable steps to ensure that staff on relevant  premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

                                   (2)   In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption               on the premises in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

   

                                   (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to -

   

                              (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

   

                        (ii)   drink as much alcohol as possible (whether within a time limit or otherwise);

   

                            (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as  defined in section 159 of the Act);

   

                                (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less;

   

                      (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on -

   

                                 (i)        the outcome of a race, competition or other event or process, or

   

                                  (ii)               the likelihood of anything occurring or not occurring;

   

                  (e) selling or supplying alcohol in association with promotional posters or flyers on, or in the  vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti social behaviour or to refer to the effects of drunkenness in any favourable manner.

   

  4)              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  5)              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6)                             (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

                                     (2) The policy must require individuals who appear to the responsible person to be under 18 years of  age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and a holographic mark.

   

  7).               The responsible person shall ensure that -

   

                            (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures     -

   

                                (i) beer or cider: ½ pint;

   

                                (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

   

                                (ii) still wine in a glass: 125 ml; and

   

              (b) customers are made aware of the availability of these measures.

   

   

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

• The Prevention of Crime and Disorder

   

  1.              All drinks shall be served in toughened or strengethened glasses and no drinks shall be served in bottles from which it is likely or intended that a person shall drink when there is an event with alcohol.

   

  2.              No disorderly behavior shall be tolerated.

   

  3.              Readmission to public dances after 11.00pm shall not be permitted.

   

  4.              One steward shall be provided for each 75 people based on the maximum permitted capacity for               the premises.

   

  5.              Alcohol shall only be served from the Function Room for Function Room and Theatre events and               from the Scala Hall for Scala Hall events.

   

  6.              Signage for ID and stipulating the Challenge 25 rule shall be displayed in the bar area.

   

  Public Safety

   

  1.              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 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.

   

  2.              Event supervisor and stewards shall be briefed on Fire Exits and evacuation procedures.

   

  3.              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.

   

  4.              The exits in the premises shall be clearly indicated and maintained to afford the public ready and ample means of safe escape.

   

  5.              Exit routes shall be maintained and free from obstruction at all times.

   

  6.              Curtains shall not be hung across gangways, exit ways or over staircases.

   

  7.              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.

   

  8.              An annual Fire Risk Assessment shall be carried out.

   

  9.              Signage shall be available for spillage and wet floors.

   

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

   

  11.              Statutory Regulations: Where the Hall is engaged for a concert or other entertainment in connection with which floor of the Hall is used for seating an audience, the seats shall be set out by the Hall keeper and shall not be altered either as to the arrangement or number.

   

  12.              The seats as arranged shall be designed to comply with the requirements of the Fire Authority.

   

  13.              All scenery, decorations and property used in any performance must be completely flame proofed and must comply fully with the Fire Prevention Regulations applicable to the Hall concerned.

   

  14.              The event organiser or designated deputy must be on site at all times during the event.

   

  15.              All events are planned taking into consideration the guidelines laid down in the HSE's Event Safety Guide.

   

  The Prevention of Public Nuisance

   

  1.              Construction and derig of events shall not be carried out at an unsocial hour.

   

  2.              Post event litter shall be cleared away and removed from the premises.

   

  3.              Noise or vibrations shall not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.  In general terms, noise from the premises should not be audible le within any noise sensitive premises (e.g. 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 distinguished above other noise.

                ii. After 11pm - noise emanating from the premises shall not be distinguishable above background noise.

   

  4.              There shall be signage asking Patrons to leave the premises in a quiet manner.

   

  The Protection of Children from Harm

   

  1.              Signage shall be displayed informing customers that the Challenge 25 rule shall be applied.

   

  2.              Staff training and age identification procedures shall be implemented.

   

  3.              There shall be signage to explain that children shall not be admitted to film showings which are not suitable for their age group and that adults should not purchase tickets on behalf of children.

   

  4.              All staff shall be trained in age ID procedures for the sale of alcohol.

   

  5.              Only acceptable ID shall be photo driving licence or passport.

   

  6.              There shall be no cigarette sales.

   

   

   

• ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

   

   

•  

  None

   

• ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.