General
1. At all times the terraced area is open after 10pm, the area shall be directly supervised by an SIA door steward who shall ensure as part of their duties that excessive noise is not generated by patrons using this area so as to unreasonably disturb nearby residents.
2. There shall be no access to the terraced area other than through the premises.
3. The terraced area shall be cleared of all drinks no later than 8pm.
4. Any person employed at the premises in the sale and supply of alcohol, shall attend and successfully complete the BIIAB Level 1 Award in Responsible Alcohol Retailing within 2 months of commencing employment.
5. Notices regarding the sale of alcohol to persons who appear drunk, shall be prominently displayed at all points of sale and supply of alcohol, for the attention of persons so employed.
6. Notices regarding the sale of alcohol to persons who appear drunk, shall be prominently displayed on the premises and at the entrance to the premises, for the attention of all customers.
The Prevention of Crime and Disorder
1. A CCTV system of an evidential standard must be installed to the satisfaction of the police and the system in operation at all times the premises are open. All recordings from that system must be kept for a period of 28 days and the Police to have access to recordings at any reasonable time.
2. On every occasion that the premises sells alcohol after midnight and remains open beyond 00.30 hours, SIA door staff must be employed from 22.00 hours until closing time and the ratio of stewards to customers shall be 1 steward for each 100 people, based on occupancy.
3. On every operational day when door supervision is required then those SIA door stewards employed in front of house duties shall wear high visibility reflective jackets for the entirety of their duty.
4. All drinks must be served in toughened glasses, strengthened glasses, plastic receptacles or cans and no alcohol is to be served in glass bottles from which it is intended or likely that a person shall drink.
5. The Premises shall participate in the Nitenet radio communication scheme. The Nitenet Radio will be monitored by either the Premises' Control Room, Head Doorman or Duty Manager whenever the Premises are open to the public.
6. Representatives of Premises Management shall attend at least 2 meetings per calendar year of the Torquay Night-time Economy Forum.
7. There shall be no entry or re-entry for the premises after 02.00 hours.
8. No persons under the age of 18 shall be employed on the premises in connection with the sale of supply of alcohol.
9. There shall be no "all-inclusive-all-you-can-drink" drinks promotions, however, on such occasions when the Premises are being used exclusively for a pre-booked private event a pre-paid bar may be provided. Where any drinks promotions are provided, such promotions must be managed in a responsible manner.
10. There shall be adequate lighting in the reception area, on the stairways between reception and the remainder of the premises and at all other exits including fire exits.
11. Under 18 events may take place to which the following conditions shall apply;
i. These events shall finish no later than 23.00 hours, after which there will be a 30 minute period before the nightclub opens to over 18s.
ii. The Police and Children's Safeguarding Unit shall be notified in writing or email at least 7 days prior to each event.
iii. At least 4 SIA door stewards must be employed throughout the event, which shall include at least 1 female steward.
iv. The event shall be promoted to ages 14 years and above.
v. There shall be an appropriate number of Youth Workers to provide pastoral care to attendees. Such Youth workers shall have undergone an appropriate CRB check and be registered with the Independent Safeguarding Authority.
vi. If alcohol is supplied during one of these events the consumption and sale of alcohol may only take place from the Island Lounge which is a separate area from the main club. No one under the age of 18 shall be allowed access to this area and no drinks shall be allowed to be removed from this area.
vii. Only over 18's that have accompanied children to the event shall be allowed entry to the premises.
viii. In the main club all alcohol shall be locked and/or obscured from view.
ix. All Gaming Machines which prizes and cigarette machines shall be unplugged and locked.
x. All promotional material relating to alcohol shall be removed.
xi. Any person refusing to be searched shall be refused entry.
xii. Throughout children events, the DPS or Personal Licence Holder must be present.
12. The Designated Premises Supervisor must complete the BIIAB National Certificate for Designated Premises Supervisors within 2 months of appointment and produce the appropriate qualification certificate to the Licensing Authority.
13. A record of all staff training and accreditation, including copies of all relevant BIIAB Certificates and records of staff rotas shall be maintained and be made available for inspection by any Responsible Authority upon 7 days request.
14. The premises shall operate a Challenge 25 identification policy and will display appropriate signage at the entrance of the premises to this effect.
15. Staff shall accept as proof of age only the following:-
i. a valid passport.
ii. a photocard driving licence issued in an European Union country.
iii. A National ID Card, supported by the Home Office.
iv. an official identity card issued by HM Forces or by a European Union country bearing a photograph and date of birth of the bearer.
16. The DPS shall ensure that an Incident Book is kept on the premises and that all incidents are recorded therein on a daily basis. The Incident Book shall be made available for inspection by a police officer, a police licensing officer or members of the local authority section at any reasonable time.
17. A written record of all SIA door stewards shall be kept on the premises and maintained on a daily basis. Such record will include the full name and full SIA licence number of each door steward, the time duty is commenced and completed. At the end of each daily period the Duty Manager or Personal Licence Holder shall sign and date the entries. This record shall be made available for inspection by a police officer, a police licensing officer or members of the local authority licensing section at any reasonable time.
18. Suitable signage shall be displayed at the point of entry to the premises and at all points of purchase informing customers re the legal age for the sale of alcohol and the type of identification acceptable.
19. The terraced area shall be well lit at all times.
Public Safety
1. 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.
2. STEWARDS, CAPACITY AND CONTROL
(a) 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 DPS or Personal Licence Holder shall be in attendance at the Premises throughout the provision of any Licensable Activities and shall be assisted by a staff of attendants or stewards as required by these Standard Conditions and any Special Conditions of the Licence.
(c) There shall be a 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 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.
3. 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 diagrammatic 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 DPS or Personal Licence Holder 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.
4. 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 or 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.
5. 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) There shall be an inspection of the whole of the electrical installation in the premises at least once in every 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) All electrical appliances in the auditorium shall be Portable Appliance Tested and certification shall be available for inspection by the Council upon reasonable notice.
(d) Any electrical equipment brought into the Premises for a one off event must have been Portable Appliance Tested and such certification shall be made available for inspection by the Council for the duration of the event for which the equipment is in use.
(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.
6. FIRE PRECAUTIONS
(a) All curtains and drapes within the Premises shall be flame resistant to the satisfaction of the Council. Documentary evidence of the nature and date of any fire-proofing treatment shall be provided 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. A record shall be kept of such drills, and made available to the Council as required.
(e) All possible steps shall be taken to eliminate the danger of fire occurring and all members of staff, stewards and attendants shall be fully instructed in respect of 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 intervals 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) At least 21 days written notice shall be given 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.
(o) Combustible materials may only be stored in such positions as may be approved by the Council.
(p) Heating of the Premises shall be provided and maintained in a manner satisfactory to the Council. If required by the Council, an annual 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 submitted to the Council upon request.
(q) Every heating appliance 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.
(r) 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.
7. 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 of the 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 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, e.g. Removal of walls between separate rooms so affecting the capacity of each.
(f) If required by the Council, the Licence Holder 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
8. 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);
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, 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 DPS 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 DPS.
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 DPS 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 DPS 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.
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 noise limitation device shall be installed to control the system to which all amplification equipment is fitted to ensure that the noise produced within the premises will not be audible within any residential premises in the vicinity. The level of noise shall be set and secured to a level satisfactory to the Environmental Health Department of Torbay Council. The device shall be regularly maintained within maintenance records kept for a minimum of 3 years.
3. Noise shall not be permitted to 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.
4. The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the Management and the controlling mechanism shall be operated from a part of the Premises not accessible to the public.
5. During any period of time where amplified sound is played in any part of the Premises 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.
6. Entrances must be provided with lobbies with automatic door-closers. The lobbies are in use throughout the time of entertainment.
7. A senior member of staff (manager) shall assess the impact of any noise 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.
8. Staff members shall leave from the front of the premises.
9. Good order and decent behaviour shall be maintained in the Premises during the hours of public entertainment. No performance or exhibition provided shall be of an obscene, indecent or objectionable nature.
10. The Management and Security staff shall at all times use their best endeavours to 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.
The Protection of Children from Harm
1. Suitable signage shall be displayed at all points of sale of alcohol, to remind staff:-
a. That alcohol may not be sold to persons aged under 18 and
b. What forms of ID may be accepted.