ANNEX 2 - CONDITIONS IMPOSED IN ACCORDANCE WITH THE OPERATING SCHEDULE & UNDER PARAGRAPH 6(6) & 6(8) SCHEDULE 8 LICENSING ACT 2003
Alcohol shall not be sold or supplied except during permitted hours which means in between:-
11:00 and 23:00 hours on Monday to Tuesday;
11:00 and 01:00 hours on Wednesday;
11:00 and 02:00 hours on Thursday;
11:00 and 03:00 hours Friday and Saturday and on 24th and 26th December;
12:00 and 02:00 hours on Sunday.
On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day. Between 11:00 hours on 31st December until 02:00 hours on 2nd January if falling on a Sunday to Thursday and until 03:00 hours if falling on a Friday or Saturday.
On Friday and Saturday Easter, May, Spring and August Bank Holiday weekends between 11:00 hours and 04:00 hours and on Sunday of those weekends 11:00 hours until 03:00 hours the following day.
The above restrictions do not prohibit:
(a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
(b) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
(c) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(d) the sale of alcohol to a trader or club for the purposes of the trade or club;
(e) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
(f) the taking of alcohol from the premises by a person residing there; or
(g) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
(h) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
The above restrictions do not prohibit:
(a) during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;
(b) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(c) the sale of alcohol to a trader or club for the purposes of the trade or club;
(d) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
Where there is an entertainment for children or an entertainment at which the majority of the persons attending are children, then if the number of children attending the entertainment exceeds 100 it shall be the duty of the person providing the entertainment to station and keep stationed wherever necessary a sufficient number of adult attendants, properly instructed as to their duties, to prevent more children or other persons being admitted to the building, or part thereof, than the building or part can properly accommodate, and to control the movement of the children and other persons admitted while entering and leaving the building or an part thereof, and to take all reasonable precautions for the safety of the children.
The premises licence holder or club premises certificate holder when permitting for hire or reward, the building to be used for the purpose of an entertainment, shall take all reasonable steps to ensure the observance of the provision of the above provision.
No child shall be employed so long as he/she is under the age of 14 years to do any work other than light work or before the close of school hours on any day on which he/she is required to attend school or before 7 o’clock in the morning or after 7 o’clock in the evening on any day or for more than 2 hours on any day on which he/she is required to attend school or for more than 2 hours on a Sunday or more than 35 hours, or if he/she is under the age of 15 years, for more than 25 hours in any week in which he/she is not required to attend school or for more than 4 hours in any day without a rest break of 1 hour or at any time in a year unless at that time he or she has had, or could still have, during the period in the year in which he is not required to attend school, at least two consecutive weeks without employment.
No person under the age of 16 years and no child aged 16 years shall take part in any performance to which Section 37 (2) of the Children and Young Persons Act 1963 applies, and in which his life or limbs are endangered.
There shall be no irresponsible drinks promotions which would contravene the British Beer and Pub Association Code of Practice on point of sales promotions.
All members of staff concerned with retail sales will be trained to prevent under age sales.
The licence holder and/or the designated premises supervisor or a person nominated by them shall be a member of and regularly attend at the meetings of the Pub or Club Watch schemes for the area within which the premises is located.
Wherever drinking glasses are available in toughened glass they shall be used at all times.
The premises shall be connected to other licensed premises by being a member of any town centre or licensed premises radio or pager link scheme whilst in existance.
The maximum capacity of the premises shall not exceed 350 persons including staff and entertainers.
There shall be provided at the premises door supervisors who are registered with the Security Industry Authority to such a number as the management of the premises consider are sufficient to control the entry of persons to the premises and for the keeping of order in the premises when they are used for a licensable activity. There shall be a minimum time between which door supervisors shall be present which is Thursday to Sunday inclusive between 20:00 and the time which the premises cease to be open to the public. Door supervisors will also monitor the queue to gain entry to the premises to ensure that any public nuisance is abated. Door supervisors will not allow any person to leave the premises with unsealed bottles or glasses.
A CCTV system shall be installed, maintained and operated at the premises to the satisfaction of Lancashire Constabulary and shall be used to record during all hours that the premises are open to the public. The coverage of cameras shall cover the main entrance and external vicinity.
Persons who appear to be under the age of 21 years shall be required to produce proof of age by way of one of the following:
- A recognised proof of age card accredited under the British Retail Consortiums Proof of Age Standards Scheme (PASS)
- Photo driving licence
- Passport
- Citizen card supported by the Home Office
- Official ID card issued by HM Forces or European Union Member State bearing a photograph and birth date of the holder.
There shall be a drugs policy in force which shall comply with the minimum standards referred to in Safer Clubbing, under Paragraph 7.61 of the Statutory Guidance to the Licensing Act 2003.
Before the premises are opened for the purposes authorised by the licence an inspection shall be carried out to ensure that the premises are safe for use. Details of the inspection, defects discovered and remedial action taken shall be recorded in writing in a logbook kept for that purpose. That logbook shall be made available for inspection on demand to an Authorised Officer of the Council, a Fire Officer or a Police Constable.
There shall be a security presence internally as well as staff provided at the entrance/exit of the premises.
All escape routes and exits shall be maintained so as not to cause hinderence in the event of an evacuation.
There will be sufficient first aid facilities provided at the premises.
All portable electrical appliances shall be connected to the mains electricity circuits by means of a residual current detector protection device or other means of isolation.
When there is any disruption to the water supply to the premises, the Designated Premises Supervisor shall be required to notify the Fire Service.
All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency or whilst access or egress is actually in progress. The door to the beer garden shall be equipped with a self closing device to ensure compliance with the condition that all external doors and windows shall be kept closed whilst regulated entertainment is in progress. All windows to the premises are to be kept locked during such time and the key is to be in the possession of management only.
Whilst any regulated entertainment is being provided, except when there is an emergency evacuation of the premises in progress the main entrance except for the external door shall consist of an outer and inner door and both shall be opened independantly and not at the same time. Doors to the beer garden shall be closed at midnight and exit 3 shall be closed permenantly but still available as an emergency evacuation exit.
There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, notices requiring customers to leave the premises and the area quietly. This shall be supplemented by DJ or other public announcements and positive action by door staff.
There shall be signs placed outside the premises advising customers that any person who causes a disturbance will not be allowed admission to the premises and any person who persisently causes a disturbance within the vicinity of the premises will be banned.
There shall be a significant change in tempo during the terminal 30 minutes during which the premises are open to the public incorporating a wind-down period when quieter music is played and a dispersal policy to the satisfaction of Lancashire Constabulary and the Licensing Authority.
Unregulated background music which is amplified shall be turned off in the beer garden/external areas at 22:00 hours each day. The premises are not licensed for external live or recorded music other than unregulated background music.
The noise limiter/master volume control shall be set at a level agreed by and to the satisfaction of an Environmental Health Officer of Hyndburn Borough Council. The limiter is to be under the control of the manager and not the DJ.
A graphic equaliser shall be installed and used on the premises to monitor the base beat levels of the music played at the premises. The level set on the graphic equaliser will be open to inspection by an Environmental Health Officer of Hyndburn Borough Council.
Bottle bins will not be filled or emptied at the premises between 22:00 and 09:00 hours the following day.
Wherever possible, deliveries will take place between 07:00 and 18:00 hours.
No person under the age of 18 years shall be allowed on the premises at any time.