General
1. 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.
2. A copy of these conditions shall be displayed in a part of the premises where it can easily be seen by all members of staff.
3. 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 conditions made there under have been complied with.
4. The DPS 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 Premises Licence or other written notification to the DPS.
The Prevention of Crime and Disorder
1. Where one or more individuals are carrying out security activities, each individual must be licensed by the Security Industry Authority.
2. 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 or the proprietor or DPS 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.
3. Throughout the time that the public are on the premises after 9pm, the following number of stewards shall be provided:- One steward shall be provided for each 75 people on the maximum permitted capacity for Rude Club.
4. 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.
5. All such stewards shall, whilst 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 stewards is not available at any time, the premises will be allowed to open to the public on the basis that the full capacity in such circumstances shall be reduced and shall not exceed 75 people to each available steward.
6. Any person acting as steward shall have been given appropriate instruction in Fire Safety and First Aid.
7. On every operational day when door supervision is required those SIA door stewards employed in front of house duties shall wear the appropriate clothing.
8. All persons acting as stewards inside shall wear appropriate distinctive clothing or armbands so that they may be readily identifiable as stewards.
9. The premises shall join and maintain membership of the Torquay Night Time Economy Forum where a premises management representative shall attend at least 2 meetings per calendar year.
10. There shall be no entry or re-entry of patrons to the premises after 2am.
11. This licence shall apply only to those parts of the premises named below and to the maximum number of persons to be permitted within those area shall not exceed the figure stated below;
Rude Club (basement area)
Each Sunday, Monday (except Bank Holidays), Tuesday, Wednesday and Thursday - 225
Each Saturday, Bank Holiday Mondays, Christmas Eve and New Years Eve - 225
The following minimum number of stewards shall be in attendance;
Each Sunday, Monday (except Bank Holidays), Tuesday, Wednesday and Thursday - 2
On all other occasions - 3.
12. A CCTV system of evidential standard must be installed to the satisfaction of the police, and the system to be in operation at all times the premises are open to the public. All recordings from that system must be kept for a period of 31 days and the police to have access at reasonable times.
13. On every occasion that the premises sells alcohol after midnight and then closes after 00.30, SIA door staff shall be employed from 22.00 until closing.
14. All drinks must be served in shatterproof glasses in the club basement area. No alcohol shall be served in glass bottles from which it is intended or likely that a person shall drink - this rule to apply at all times in the club basement area and after 10pm the bar/restaurant on the ground floor.
15. Pavement Licence shall allow customers to eat and drink whilst seated at tables, within the designated area of consumption only, for the permitted hours only. The DPS, door stewards and all staff shall ensure that persons sitting at pavement tables behave in the appropriate manner so as not to offend or unreasonably disturb passersby.
Public Safety
1. The DPS shall take all precautions for the safety of the public, the performers and the employees and shall retain control over all licensed portions of the premises.
2. The exits in the premises shall be clearly indicated and maintained to afford the public ready and ample means of safe escape.
3. All exit doors shall be kept unlocked and available for exit during the whole time that the public are on the premises.
4. Exit routes shall be maintained free from obstruction at all times.
5. All floors, stairs and steps shall be maintained with non-slippery and even surfaces. The nosings and treads of stairs used by the public shall be kept in good repair and shall be conspicuous.
6. Before the public is admitted to the premises, a nominated person shall inspect all doors, exits and exit ways to ensure that the same shall comply with these requirements and that all fastenings and bolts are in proper working order.
7. The emergency lighting shall at all times when the public are on the premises be maintained in working order and so kept in use (except in pacts that are 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.
8. All parts of the premises shall be kept properly and sufficiently ventilated to the satisfaction of the Council.
9. The DPS shall take all possible steps to eliminate the danger of fire occurring and shall ensure that all members of staff and stewards are fully instructed in their duties in the event of a fire.
10. Fire fighting equipment and a suitable approved alarm system shall be installed within the premises and in such a day as shall be required by the Council and a Fire Officer. All such equipment to be maintained in good working order and kept ready for use and regularly tested.
The Prevention of Public Nuisance
1. The DPS shall keep and maintain good order and decent behaviour in the premises during the hours open to the public. No performance or exhibition provided shall be of an obscene, indecent or objectionable nature.
2. 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.
3. The volume of amplified sound shall at all times be under the control of the DPS or management and the controlling mechanism shall be operated from a part of the premises not accessible to the public.
4. 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' be adopted in its entirety on the premises.
(iii) suitable noise compressors/limiters shall be installed and operated to the satisfaction of the Council.
5. Noise or vibration shall not emanate from the Premises such as to cause persons in the neighbourhood to be unreasonably disturbed. In general terms:
(i) Before 23.00 - Noise emanating from the Premises shall not be clearly distinguishable above other noise.
(ii) After 23.00 - Noise emanating from the Premises shall not be distinguishable above background levels of noise.
(iii) The Local Authority shall reserve the rights in cases of tonal noise and where Premises are attached to others, to make further assessments from within the residential property.
6. To allow live and amplified music inside doors and windows shall be kept shut during entertainment to reduce noise breakout. A management system shall be in place to ensure this situation remains.
7. 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.
8. The handling of beer kegs, bottles and 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.
9. 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.
10. The movement of bins and rubbish outside the premises shall be kept to a minimum after 23.00.
11. The DPS, door steward and bar staff shall ensure that customers sitting at pavement tables behave in the appropriate manner so as to give offence or unreasonably disturb passers by.
12. All staff shall ensure the customers leave the premises and immediate vicinity to the premises, quietly at the end of the evening.
The Protection of Children From Harm
1. Restrictions set out in the Licensing Act 2003 shall apply.
2. Bar staff shall be trained to be aware and alert to the issues of underage drinking.