ANNEXE 2
CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
General
1 When mobile food vehicles are sited on Riviera Centre controlled land: -
() Facilities for depositing litter and the collection of litter generated by patrons must be available and maintained.
(b) Any generators must be positioned away from residential premises and positioned so that the vehicle acts as a screen.
(c) Regular maintenance must be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.
The Prevention of Crime and Disorder
1 A clear and legible notice must be maintained and displayed outside the premises indicating:
() The normal hours under the terms of the premises licence in which licensable activities are permitted.
(b) Any restrictions on the admission of children at specified times or for particular events or regulated entertainment.
2. The Events Manager shall consult with the police if the type/types of events to be held concurrently at the premises appear to present hazards that raise the likelihood of criminal activity or disorder on the premises. If any risk is considered unacceptable by virtue of the type of event or the customer group attending then all, or any, of the due events shall be cancelled.
3. Dependent upon risk assessment of the type and size of any organised group of customers, the group shall be required to nominate a responsible person to liase with staff.
4. As far as is practicable, persons on or leaving the premises and using adjacent car parks and highways must be reminded to conduct themselves in an orderly manner and to not in any way cause annoyance to residents or persons passing by.
5. Suitable signage must be displayed on the outside of the premises advising that CCTV is in operation.
6. Cameras must be maintained in good working order and, if the CCTV equipment is inoperative, immediate steps must be taken to put the equipment back into full working order.
7. Sufficient numbers of door staff/stewards who are suitably trained must be provided on the premises, depending on the activities or entertainment taking place on the site and the likelihood of overcrowding.
8. 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 must hold the appropriate Security Industry Authority accreditation unless deemed exempt by current legislation.
9. If search procedures are assessed as necessary for a particular event a suitable and private area must be set aside to search entrants. A management scheme shall be in place to ensure the search is operated in accordance with the recommendations of the ‘Safer Clubbing Guide’.
10. The Designated Premises Supervisor or a senior supervisor must always be on the premises when alcohol is on sale.
11. For all events or functions the Events Manager must determine the proper staffing requirement based on the level of service required by the client group and the level of security or public safety risk associated with the event or function. Based on this assessment either the Centre or the contracting client shall provide a determined number of attendants or stewards and if security staff are required then SIA registered door supervisors must be provided in numbers determined by risk assessment.
12. If door supervisors are required at an event the client must be required to certify that they are registered with the SIA before the event can proceed.
13. All door supervisors and other attendant staff must dress in distinctive uniform, clothing or wear an armband that clearly identifies their role to the attending public and is identifiable on CCTV. They must also display a correct name badge and where registered door supervisors must be required to carry evidence of their registration.
14. A female supervisor must be available if searches are conducted on female customers.
15. If registered door stewards are in attendance, they shall be present at the event entrances to the premises and other locations as prescribed in the risk assessment for the duration of the event.
16. A register of SIA registered security attendants at each event where they are assessed as necessary must be kept for two years and must be made available to authorised officers.
17. A record of all staff directly employed by the Centre and working at each event shall be kept for a period of two years.
18. No person under the age of 16 must be employed as an attendant at the premises.
19. A radio system or pager shall be used to communicate between the security office and supervisory personnel throughout the premises. This system must be maintained at all times and shall enable contact with the Designated Premises Supervisor or other responsible staff member.
20. The Duty Manager must report all incidences of crime and disorder to the Police and other emergency services shall be alerted where necessary.
21. All instances of crime and disorder or incidents affecting public safety must be recorded in an incident book that shall be made available to authorised officers.
22. Plastic glasses shall be available and must be used where appropriate in the interests of safety.
23. Customers carrying open or sealed bottles or glasses must not be admitted to the premises at any time.
24. All bottles and glasses must be removed from public areas as soon as they are finished with or are empty.
25. Alcohol sales to members of the public shall cease 30 minutes prior to the closure of the relevant service area.
26. Drinks promotions, if used, must be responsibly controlled and as part of a marketing feature, i.e. promotional prices to selected events, private bookings or special wine offers, rather than with the intention of encouraging the excessive consumption of alcohol.
27. The premises shall, through its staff, encourage only responsible drinking and shall promote the benefits of a designated driver.
28. The applicant must not knowingly permit alcohol to be consumed in the fitness suites, changing areas and car park.
29. Bar staff must be suitably trained to reduce the risk of the sale of alcohol to under 18’s.
30. Soft drinks must be available at all bars and free water must be available to customers on request.
31. 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 that the premises are open to the public. All recordings from that system shall be kept for a period of 14 days and the police to have access to recordings at any reasonable time.
32. Members of the public must not be admitted or re-admitted after 2am, except to gain access to the designated smoking area, or in exceptional circumstances and with express permission of the duty manager.
33. Premises shall join and maintain membership of the Nitenet radio communications scheme.
34. The maximum occupancy of the premises at any one occassion must not exceed 6,250. The figure stated shall be inclusive of staff and performers working at the premises and must be restricted in respect of the following areas parts or floors:-
a) Forum ground floor - 1,455 (inclusive of bar area)
b) Forum balcony - 1,455
c) Arena ground floor - 2,876
d) Arena balcony - 1,455 (inclusive of bar area)
e) Rosetor - 939
f) Grace Murrell Suite - 518
g) Burdett - 402
h) Aqua Lounge (replacing Bay Brasserie) - 480
i) Pool and surround - 330
35. It is not envisaged that the Centre shall operat "public" events beyond the time of 12 midnight. Whenever the sale of alcohol at the premises is intended to take place at an individual function attended by 1,000 people or more which extends beyond 12 midnight, the Designated Premises Supervisor or their representative must, no later than 28 days before the event, submit to the Police Licensing Department a written risk assessment addressing the issues of appropriate door supervision, glass usage, and the use of outside areas. The Police shall notify their consent to the Designated Premises Supervisor or their representative within 14 days. In the event of the existence of Police concerns with regard to the risk assessment, a period of negotiation between the parties shall ensue. The Centre recognises the need to work with the Police in order to ensure that the objectives of the Licensing Act 2003 are met.
Public Safety
1. Facilities must be provided for people and performers with disabilities to ensure their safety.
2. An area must be provided separate from any main dance area with adequate seating, the provision of cool air by air conditioning and, so far as is practicable, respite from high levels of noise.
3. All temporary electrical installations must be disconnected from the permanent installation immediately after each occasion on which they are used and entirely removed immediately after the need has ceased.
4. All wires, cables and conduits from temporary installations must 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.
5. In respect of any performance involving hypnotism the applicant must furnish the Licensing Authority at least 14 days before the performance with the following particulars: -
a) The name and address of the person by whom the exhibition, demonstration or performance is to be given (herein after called ‘the hypnotist’).
b) A description of the proposed exhibition, performance or demonstration.
c) A statement made by the hypnotist giving full details of any previously refused or withdrawn consent, by any Licensing Authority or any conviction 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.
6. No exhibition, demonstration or performance must be held whereby: -
a) Harm is caused or likely to be caused to any person attending it.
b) 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 that it objects to anything said or done in the course of the exhibition such thing shall not thereafter be included in the exhibition.
c) There is the giving of hypnotherapy or any other form of treatment.
d) 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).
e) 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.
7. All hypnotic or post-hypnotic suggestions must 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 will take place only in the presence of the hypnotist and must not continue after the performance or away from the room or place in which the performance takes place.
8. The exhibition must conform to the description submitted to the Council unless the Council has required or expressly authorised a modification.
9. Any modifications in the exhibition subsequently required by the Council must be made immediately upon notice thereof being given to the Licensee by the Council.
10. No inducements must be offered to any person to subject himself or herself to the influence of the hypnotist.
11. 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 must 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. In respect of any performances of striptease, lap dancing or similar entertainment, in all cases, the applicant must furnish the Licensing Authority at least 14 days before the performance with the following particulars in writing: -
a) Activities that may take place.
b) The times during which such activities may take place.
c) Designated areas where those activities may take place
d) Arrangements for restricted access to the dressing room, which shall be maintained at all times whilst the agreed activities are taking place and until such a time as all performers using the dressing room have vacated it.
13. The agreed striptease, lap dancing or similar activities shall only be given by the performers and no audience participation must be permitted.
14. Performers of striptease, lap dancing or similar entertainment must not be under the age of 18.
15. Performers of striptease lap dancing or similar entertainment shall only perform on the stage area, to seated customers or in such other areas of the licensed premises as may be agreed in writing with Torbay Council.
16. Whilst the agreed striptease, lap dancing or similar activities are taking place, no person under the age of 18 must be allowed onto that part of the premises and a clear notice must be displayed at each entrance to the premises in a prominent position so that it can be easily read by persons entering the premises on the following terms: -
‘NO PERSON UNDER 18 YEARS WILL BE ADMITTED’
17. Photographs or other images that indicate or suggest that striptease or similar entertainment takes place on the premises and which may be offensive shall not be displayed outside the premises.
18. In respect of any performance involving the installation of strobe or laser equipment the applicant must consult with the Licensing Authority at least 14 days before the performance and must: -
a) Comply with the requirements of the HSE Guide: Radiation, safety of lasers used for display purposes HS(G) 95.
b) Limit any strobe lighting and other similar flickering lights to a maximum flicker rate of 5 flickers per second.
19. In respect of any performance involving the use of special effects such as pyrotechnics, or the introduction to any area occupied by the public of naked flame or smoke, vapour, liquid, foam or novelty foodstuff the applicant must ensure that smoke machines and similar vapour producing machines: -
a) Limit the amount of smoke/vapour to the minimum necessary for the desired effect and will not impede means of escape or obscure exit signs.
b) Are in a fixed position and protected against unauthorised interference and be manned by or readily accessible to a competent operator at all times when in use.
c) Only non-toxic and non-flammable smoke/vapour will be used.
20. An appropriately qualified medical practitioner must be present throughout sports entertainment involving boxing, wrestling, judo, karate or other sports entertainment of a similar nature.
21. At any wrestling or other entertainment of a similar nature, members of the public must not be permitted to occupy any seat within 2.5metres of the ring.
22. Where a ring is involved it shall be constructed and supported to the nationally recognised standard and any material used to form the skirt around the ring must be flame retardant.
23. Any attendant must be readily identifiable to the audience (but this may not entail the wearing of a uniform).
24. A copy of any certificate relating to the design, construction and loading of any temporary seating must be kept available at the premises and shown to any authorised person on request.
25. Clothing or other objects must not be placed over balcony rails or upon balcony fronts.
26. Any structure to be used in connection with sports entertainment must be: -
a) Appropriately installed.
b) Appropriately constructed.
c) Constructed of non-flammable materials.
d) Sufficiently stable.
e) Positioned so that no member of the public occupies any seat within 2.5 metres of it.
27. Adequate dressing room accommodation and washing facilities must be provided for participants of regulated sports entertainment.
The Prevention of Public Nuisance
1. Measures must be taken to ensure that noise or vibration does not emanate from inside the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.
2. The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the Licensee/Management and the controlling mechanism must not be accessible to the public.
3. The Licensee must ensure that staff who arrive early in the morning or depart late at night when the business has ceased trading conduct themselves in such a manner to avoid causing disturbances to nearby residents.
4. Doors and windows must be kept shut during entertainment to reduce noise breakout.
5. Door staff must be positioned at exits, particularly at closing times.
6. Entrances with lobbies shall be provided. The lobbies shall be in use throughout the time of entertainment.
7. Staff shall leave as quietly as possible particularly at night and early in the morning.
8. Provision of mechanical ventilation and air conditioning system must not allow noise breakout from the premises or cause a nuisance by its operation.
9. Where plant and machinery has the potential to cause a noise problem it shall be positioned in such a way that the building structure provides as much screening as possible for nearby noise-sensitive properties. Alternatively, or additionally, control measures such as acoustic enclosures, acoustic louvers, silencers or additional acoustic screening shall be considered.
10. Regular maintenance must be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.
11. BS4142 rating industrial noise affecting mixed residential and industrial areas and the Institute of Acoustic good practice guide on the control of noise from pubs and clubs shall be regarded.
12. The handling of beer kegs bottles and other similar items must not take place in the late evening, at night or during the early morning, when the noise generated could cause a nuisance particularly outside buildings.
13. CCTV system shall be used to monitor the use of the car park to ensure patrons do not congregate in this area and cause annoyance.
14. A noise limitation device shall be installed to control the system to which all amplification equipment is fitted. This device must be regularly maintained to ensure that the noise produced within the premises is not audible within any residential premises in the vicinity.
15. The premises shall remain open for at least half an hour after the sale of alcohol has ceased, during which time patrons shall be gradually dispersed.
16. Cooking, noxious or persistent smells from the premises must not cause a nuisance to nearby properties.
17. Any flashing or particularly bright lights on or outside the premises must be positioned and screened in such a way as to not cause a disturbance to nearby properties.
18. All rubbish produced by the premises must be stored securely in a designated area or in a bin with a tight fitting lids.
19. Facilities for depositing litter and the collection of litter generated by patrons shall be available and maintained in outside areas provided for the use of patrons
20. For all events with a Terminal after 3am, an event safety plan must be produced and submitted to the Licensing and Public Protection team no later than 28 days prior to the event. This plan must specifically address:
a) the control of noise breakout from the premises
b) the control of noise from patrons entering and exiting the event
c) the safe transport of patrons to and from the site.
21. The maximum number of smokers permitted in the designated smoking area after 2:00am at the entrance to the building will be 15.
The Protection of Children from Harm
1 The Centre’s Child Protection Policy shall be followed.
2 Children below the age of 18 years shall be excluded from parts of the premises where the supply of alcohol for consumption in that part of the premises is the exclusive or primary purpose of the services provided.
3 Children below the age of 18 years shall be excluded from parts of the premises where regulated entertainment of an adult nature and/or containing a strong sexual content or with strong language or sexual expletives shall be performed.
4 Material promoting the sale of alcohol must not be shown at events or performances where there will be a majority of children present.
5 During regulated entertainment principally for child audiences additional steps shall be taken to ensure the safety and well being of the children present.
6 A responsible adult shall be stationed in the area(s) occupied by the children, in the vicinity of each exit, provided that on each level occupied by children the minimum number of attendants on duty should be one attendant per 50 children or part thereof.
7 No child unless accompanied by an adult must be permitted in the front row of a balcony.
8 A ‘Lost Child’ contact point shall be established and publicised to members of the public attending the event.
9 Prior to booking theatre style events, the show must be assessed in conjunction with the promoter for any sexual, strong language or other adult content and age restrictions shall be determined if appropriate. Members of staff must also be subject to the age restriction in place for any event.
10 All age restrictions and the nature of any material considered to be unsuitable for young or sensitive audiences must be displayed on the event promotional material displayed at the Centre.
11 For performances other than those designed primarily for children, children under the age of 16 years must not be admitted without an adult.
12 Any hirer of any of the Centres facilities and using child performers must be required to sign an undertaking confirming their intended compliance with Torbay Council’s Education Directorate requirements set out in their guidance ‘Children in Entertainment’.
13. The premises shall operate a Challenge 25 policy.
14. The organisers of events principally for child audiences must be required to certify that all of their employees, volunteers or other persons responsible for supervising children at the event have been submitted to the Advanced Disclosure Mechanism operated by the Disclosure and Barring Service (DBS). All staff provided by the Centre at such events and with direct supervisory responsibilites for children must also have undertaken an enhanced DBS check.
15. No person under the age of 18 shall be permitted to work in the retail of alcohol. The employment of any person under the age of 18 in any area shall be subject to the Working Time Regulations.