Annex 1 - Mandatory Conditions
No supply of alcohol may be made under this Premises Licence:
a) at a time there is no designated premises supervisor in respect of the premises licence and,
b) at a time when the designated premises supervisor does not hold a personal licence or the personal licence is suspended and,
Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
Annex 2 - Conditions consistent with the Operating Schedule
Embedded Restrictions:
ON-LICENCES
S. 59 60 63 67A 68 70 74 76 - Licensing Act 1964
Permitted Hours
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours includes:
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 (or, if there are no permitted hours on the following day, midnight on 31 December).
LICENSING OF PUBLIC ENTERTAINMENTS
Regulations prescribing Standard Terms, Conditions and Restrictions
PART A: Management of Premises
Licensee is Responsible
1. The licensee shall be responsible for carrying out the provisions of these Conditions of Licence. The licensee shall maintain and keep good order and decent behaviour within the premises and shall take all due precautions for the safety of the public, employees and performers.
Licence to be Exhibited
2. The relevant licence shall be clearly exhibited at all times to the satisfaction of the Council in or near the licensed area, in such a position that it can be easily seen by persons using the area. The licence shall be adequately protected against theft, vandalism or defacement.
Rights of Inspection
3. Any authorised Officer of the Council, or Police Officer or Fire Officer shall be admitted without payment of any admission fee, immediately at all reasonable times to all parts of the premises, even if the premises are not in use. This right of entry shall include the bringing into and the use on the premises of any equipment needed by any such Officer for the proper performance of his/her duties.
Alteration of premises
4. Any alterations or additions, whether permanent or temporary, affecting compliance with any other statutory regulations shall only be done in accordance with the written consent of the Council. This includes alterations at the premises affecting structure, décor, lighting, electrical, heating, ventilation, mechanical or other arrangements.
Notice in writing shall be given to the Council of 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 or plant have been removed.
Note
Any consent under this regulation does not relieve the licensee of any necessity to seek a variation in the terms of the licence such as an increase in the permitted hours and if the Council so require, the advertising of that application.
Responsibility of Licensee / Staff etc.
5. The licensee, or some responsible person not less than 21 years of age and nominated by him or her in writing for the purpose shall be in charge of, and upon the licensed premises during the whole time that they are open to the public. Such written nomination shall be continuously available for inspection by any authorised Officer of the Council, Police Officer or Fire Service. The person in charge shall not be engaged on any duties which will prevent him or her from exercising general supervision and should be conversant with the regulations and rules of management, a copy of which should be held on the premises.
Door Supervisors
6. a) The holder of an annual licence shall ensure that any persons who are primarily acting or employed for the purposes of regulating the conduct, entry or enforcement of directives or legislation and ensuring maintenance of good order and public safety in respect of persons attending the licensed premises or the security of those premises is required to conform with the provisions of the Councils Registration Scheme and be registered by the Council for such purposes, or that such persons hold a current door supervisors licence issued by the Security Industry Authority.
b) The licensee shall keep a register giving the name, current address, registration number and time of duty of persons so employed on the premises. The relevant entries must be made in the register immediately before the person commences his duties.
c) The licensee shall keep a register of incidents involving such persons.
d) The registers must be produced for inspection by a Police Officer or authorised Council Officers on request.
e) The licensee shall, as soon as is reasonably practicable within 72 hours, notify the Registration Authority of any door supervisors dismissed by the licensee for serious misconduct which might reasonably affect the continuation of such registration.
This condition is not applicable in relation to Community and Church Halls which do not hold more than six public entertainments each year and have not done so in the twelve months period immediately preceding application for the grant or renewal of a public entertainments licence.
PART B: Crowd Control and Safety
Stewards and Attendants, etc
7. There shall be a sufficient number of attendants, or stewards or door staff present on the premises when the public are present. These attendants, or stewards, or door staff shall be easily identifiable as such and shall not be engaged on any duties which would hinder the prompt discharge of their duties in the event of an emergency. They must be instructed in writing as to their duties in the event of evacuations, public disorder, fire or other emergency.
Stewards and Attendants
8. a) The Licensee or responsible person nominated in writing shall be assisted by sufficient staff of competent persons on each floor where the public are admitted on the basis of at least one attendant for every 60 persons or part thereof.
b) All attendants, stewards or door supervisors shall be readily identifiable to members of the public.
c) Where the entertainment is provided for children or is one at which the majority of those present are children, it shall be the duty of the Licensee to station and keep stationed, at appropriate points, a sufficient number of adult attendants, (1 adult for ever 25 children) properly instructed as to their duties.
Capacity
9. The licensee shall not permit persons in excess of the number specified on the licence to enter or occupy the premises or part thereof. The licensee shall satisfy the Council in writing, if so requested, that an acceptable system of controlling and recording the number of persons entering and leaving the premises is in operation by electronic, mechanical or other means. The number specified on the licence is inclusive of staff, performers and public.
PART C: Fire Precautions
Emergency Lighting
Means of Escape in case of an emergency
Seating
First Aid Fire Fighting Appliances
10. The premises shall be provided with first aid fire fighting appliances (for example, fire extinguishers, fire hoses, etc) suitable to fire risk in the premises and to the satisfaction of the Council. Such appliances shall be maintained in accordance with current British Standards appropriate to the equipment and shall be available for instant use.
Staff Training for Emergencies
11. The licensee and all staff shall be properly instructed in the protection of the premises from fire and the use of fire appliances provided. Every member of staff, whole time or temporary, shall be instructed as to what actions are to be taken and the precautions to be observed in the premises so far as those precautions relate to their duties and to the action to be taken by them in the event of an emergency. These shall include the calling of the Fire Brigade at once to any outbreak of fire, no matter how slight, and details of such outbreaks must be kept on record (log book). Where required by the Council, the licensee shall incorporate these measures into a written emergency evacuation procedure.
Keeping of record for fire drills etc
12. The licensee, or some other suitable person specifically nominated to the Council in writing, shall deep a record (log book) of staff fire drills and testing of equipment. The record (log book) must be initialled each week by the licensee, or other suitable person, and the record shall be open to inspection at any reasonable time by authorised Officers of the Council and by the Fire Service.
Fire Alarms
13. Means for giving warning in case of fire shall be provided within the licensed premises. Any fire alarm system should be maintained to the satisfaction of the Council. Fixed electrical installations shall comply with existing British Standards. On installation a completion certificate must be submitted to the Council. Systems should be maintained and tested in accordance with the British Standards and records of tests and inspection shall be available for inspection by authorised Officers of the Council.
No Smoking in Stage Risk Area and Dressing Rooms
14. Smoking shall be prohibited within the stage risk area and in dressing rooms except as far as necessary on the stage in connection with the performance. The licensee shall obtain prior permission of the Council before permitting smoking in connection with the performance. "No Smoking" signs in red letters on white background shall be conspicuously displayed at the rear of the stage area, in the wings and in dressing rooms.
Water Supply
15. If the first aid fire fighting equipment relies upon mains water and this is cut off, the licensee must notify the Council immediately and shall close the premises within 1 hour and only re-open with the prior approval of the Council or until the water supply is fully restored.
Fire Resisting Doors Sets
16. All fire doors shall be self closing on to fire resistant frames and be so maintained, such doors shall not be sealed unless otherwise permitted by the Council in writing.
Fire Retardancy of Furniture and Décor
17. a) Furniture and synthetic materials used in furnishing and décor must be fire retardant or inherently "fire resistant". Such furniture and synthetic materials not meeting this requirement in existing premises shall be suitably treated or covered so as to avoid ready ignition of the material or fillings to the satisfaction of the Council.
b) All scenery, stage and other drapings and curtains used within the premises shall be made of such material or shall be treated and maintained so as to be flame retardant.
Storage of Combustible Materials Below Stage
18. The storage of combustible materials below stage level is prohibited whilst the public are on the premises unless the storage space is constructed from or lined throughout with materials capable of achieving a one hour fire resistance standard. Any access must be by means of one hour fire resistant self closing door.
Safety Curtain Certificate
19. A certificate by an approved firm of safety curtain engineers, to the effect that the safety curtain and its operating gear and controls have been examined and in proper working order shall be submitted to the Council once every 12 months.
Emergency Lighting Requirements
20. The emergency lighting shall be sufficient in the event of the failure of the general lighting to enable all persons to see their way out of the premises in the event of an emergency. Emergency lighting shall be in accordance with BS 5266 Part 1 1988 Category M2 unless the Council approve in writing an alternative standard.
Testing of Emergency Lighting
21. The emergency lighting shall be provided from a source other than that of the general lighting and shall be tested before the commencement of each performance.
The result of testing, faults and remedial action shall be kept in a record (log book) signed on completion by the licensee or other suitable person. The record (log book) shall be kept available for inspection by authorised Officers of the Council and the Fire Service.
Failure of Emergency Lighting
22. If there is a general failure of the emergency lighting all parts of the premises required to be illuminated by the emergency lighting shall be immediately illuminated by the general lighting and if the emergency lighting is not restored within one hour the public shall be instructed to leave the premises.
Emergency Lighting - Battery Charging
23. Any battery supplying emergency lighting shall be fully charged before the public are admitted to the premises on any day and shall be of such capacity and so maintained as per BS 5266 Part 1 1988 as to be capable of supplying at normal voltage, the full load of the emergency lighting in the event of the failure of the general lighting for such period to enable the public to leave the premises, such period being not less than one hour.
Failure of General Lighting
24. If there is a failure of general lighting the public shall, if the lighting is not restored within 45 minutes, be instructed to leave the building.
Illumination of Notices
25. All notices and exit indications shall be illuminated by both general and emergency lighting.
Exit Doors
26. a) Exit doors shall not be locked while any performance or event is taking place in the premises nor whilst any member or members of the public are present in the premises.
b) Exit doors and gates shall not be secured closed while the public are on the premises by means of any fastenings other than panic bolts.
c) Locking bars, hasps, staples, screw eyes, barrel bolts or other fastenings not approved by the Council shall not be fitted to an exit door.
d) No removable fastenings are permitted for securing exit doors when the public are present on the premises.
e) Where with the prior consent of the Council, doors or gates across exits open inwards or slide, they shall be locked in the full open position so as not to form an obstruction and the closing of collapsible horizontal or vertical sliding gates and shutters across exit openings shall be prohibited whilst the public are on the premises. Where the locking device has a removable key this must be removed at all times the public are on the premises.
f) Any temporary barriers which may be permitted by the Council shall be fitted with automatic catches or slip connections and shall be so arranged as not to trail on the floor when parted and the fittings shall not project into the gangways or exit ways.
Stairs, Handrails, Balustrades
27. a) All stairways shall have securely fixed suitable handrails and balustrades.
b) The nosing of each step on steps and stairways used by members of the public shall be adequately highlighted.
Maintenance of Means of Escape
28. a) The means of escape provided for all persons on the premises and, including passages, corridors, ramps and stairways to which the public have access, shall be maintained unobstructed and be immediately available and clearly identifiable.
b) In areas in licensed premises where tables and chairs are provided, clear gangways to exits shall be maintained at all times.
c) Except with the consent of the Council, bars, wire guards or the like shall not be fitted to windows, nor shall the windows be otherwise obstructed in a manner likely to render them unavailable for the purpose of rescue in the case of an emergency.
Exit Notices
29. All exits, exit routes and final exits must be adequately signed by a clearly visible and understandable exit notice. Exit notices must satisfy EEC Directive 92/58/EEC. Signs manufactured to and installed to the criteria of BS 5499 parts 1, 2 and 3 are deemed to met the requirements of this EEC Directive and the standards are applicable to internally illuminated and self-illuminating signs. See the Health and Safety (Safety Signs and Signals) Regulations 1996, S1 341.
Curtains Across Exit Doorway
30. Where curtains are provided across an exit doorway, they shall be divided at the centre and shall not trail the floor.
(See also Regulation 17 in respect of flame retardant measures)
Distance of Travel
31. The distance of travel to a place of safety shall be to the written satisfaction of the Council.
Evacuation of Disabled Persons
32. The Licensee must ensure that disabled persons admitted to the premises can be safely evacuated to a place of safety in the event of an emergency.
Floors & Coverings
33. The floor of the premises shall at all times be maintained in a satisfactory state or condition throughout the premises so as not to cause any danger to users of the premises. All carpets, matting, druggets or other floor coverings shall be securely fixed and maintained so that they cannot ruck or be a source of danger. Raised mats shall not be permitted in any exit, passage or gangway.
Seating Arrangements
34. Any seating in the premises, including seating raised from the general floor level, shall be so arranged as to allow free access to all the exits.
Closely Seated Audiences
35. The premises can only be used for closely seated audiences, including temporary seating of a grandstand type, in accordance with plans approved by the Council.
36. For a closely seated audience chairs must be either securely fixed to the floor or alternatively shall be battened securely together in units of not less than four seats and not more than 12 seats. Adequate gangways, not less than 1.1 metres (42") wide, unless otherwise approved by the Council, shall be provided. The gangways shall lead directly to each exit door and shall be kept free from obstruction. Where there is only a gangway at one side of the seats the maximum number of seats shall be:-
Without arms 8
With arms 7
Where there is a gangway provided to both sides the maximum number of seats shall be:-
Without arms 16
With arms 14
No seat shall be more than 3.6 metres (12') from a gangway.
PART D: Electrical and Noise Nuisance Control
General Lighting
37. In all parts of the licensed premises and to all internal and external passages, corridors, ramps and stairways leading to a place of safety away from the building there shall be adequate illumination by general lighting. This general lighting shall be maintained in continuous operation during the whole time the public are on the premises unless the licensee has previously notified the Council and the Council has approved any variation in lighting.
Plan of Lighting
38. The Council may require the provision of a plan of the premises detailing the general and emergency lighting.
Electrical Source for Lighting
39. All lighting on or in connection with the licensed premises shall be provided from electrical sources unless otherwise agreed in writing with the Council.
Electrical Supply Cable
40. All electrical supply cable should be placed so as not to cause a trip hazard to persons in the premises.
Residual Current Circuit Breaker
41. The Licensee shall, as required by the Council, ensure that
a) Each socket outlet circuit is protected by a residual current device having a rated residual operating current not exceeding 30mA.
or
b) Each individual socket outlet shall be protected by an integral residual current device having a rated residual current not exceeding 30mA.
Electrical Installation Safety Report
42. Once a year a satisfactorily completed ‘Electrical Installation Safety Report’ in a format required by the Council, be submitted.
Supervisions of Electrical Installation
43. The use of the electrical installation by performers etc shall be supervised by the licence holder.
Noise
44. The level of noise emanating from within the curtilage of the premises to which this licence applies shall be controlled such that no disturbance is caused to occupiers of premises in the vicinity.
Notices Requesting Patrons Leave Quietly
45. Where required by the Council conspicuous notices shall be positioned at all exits requesting patrons to make the minimum amount of noise on leaving.
Sound Amplification
46. Except where exemption is granted in writing by the Council, no sound amplification system(s) shall be operated in association with the premises as a result of the granting of this licence unless it is installed through a sound limiting device connected to the electrical circuitry. The limiting device shall be installed by a competent person and must always be operated when such amplified sound is generated. The Council shall approve the level to which the device must be set according to the agreed circumstances under which the entertainments are provided (e.g. doors and windows open or closed etc.). Prior to introducing any changes which will increase the impact of the entertainments on surrounding occupiers the Council shall be contacted so that the level set on the limiting device can be reviewed.
PART E: Miscellaneous
Laser Displays
47. No exhibition, demonstration or display of laser equipment shall be given by and no laser equipment shall be used by any person on the licensed premises unless the Council has been notified in writing at least 7 days before.
Special Effects
48. No special effects involving the use of smoke, pyrotechnics or cloud effects or use of petroleum or flammable liquids are permitted to be used on stage or stored unless prior notice and details in writing are submitted to and approved by the Council at least 7 days before the first performance giving a date and time on which a demonstration of the special effects and storage arrangements can be witnessed by the Council.
Suspended Apparatus
49. All suspended apparatus shall be provided with a means of suspension, independent of any electrical conductors, which is capable of carrying the weight of the apparatus it supports.
Heating
50. a) Where any open fireplace or heating appliances are used they shall be protected by a suitable guard.
b) If a central heating system operates on the premises the heating apparatus shall be placed in a separate room from that part of the premises licensed and shall be adequately provided with supply of combustion air and flue system. If there is a door between the licensed part of the premises the door shall be to a one hour fire resisting standard and self closing on to a fire resistant frame.
Sanitation and Hygiene
51. The premises shall at all times be maintained in a clean, safe and sanitary condition.
Sanitary Facilities
52. Suitable and sufficient sanitary accommodation must be provided and maintained to the satisfaction of the Council.
Safety Glazing
53. Safety glazing shall be fitted to the satisfaction of the Council to all glass doors, partitions and windows easily accessible to members of the public or other glass fittings where there may be a significant risk of injury to members of the public to damage.
Ceiling Inspection
54. The Licensee shall;
a) Cause a tri-annual inspection to be made by an appropriately qualified person of he ceiling and structure of the licensed premises;
b) Give seven days notice of the inspection to the Head of Administration & Law so that he/she can arrange for supervision of the inspection.
c) Produce to the Council via the Head of Administration & Law within seven days of the inspection, a certificate by the appropriately qualified person showing the result of the inspection.
Note: Not withstanding the above, the Council reserve the right in any instance to require the provision of a certificate as to the condition of the aforesaid ceilings or structure at such lesser intervals than three years as the Council shall deem necessary.
Portable Gas Heaters
55. No portable gas heaters are permitted in the premises when the public are present. Fixed LPG installations may be permitted if they conform to the appropriate British Standard. Full and spare cylinders must be "stored" in accordance with Health and Safety Executive Advice Notes CS4, "The Keeping of the LPG in cylinders and other containers". Alternatively they may be stored in a secure and well ventilated open air position.
Hypnotism
56. No exhibition, demonstration or performance of hypnotism shall be given on any person in the premises except with the written prior consent of the Council and subject to such conditions as the Council may attach to such consent.
Erotic Dancing
57. Any type of dancing that arouses or intends to arouse sexual desire or sexual pleasure including striptease, lap dancing, pole dancing or other similar forms of entertainment.
Checklist for Licensee
Regulations where Council's Consent or Approval is Required
4 - Alterations of Premises
10 - First Aid, Fire Fighting Appliances
14 - No Smoking in Stage Risk Area and Dressing Rooms
15 - Water Supply
16 - Fire Resisting Door Sets
20 - Emergency Lighting Requirements
31 - Distance of Travel
35 - Closely Seated Audiences
36 - Closely Seated Audiences
37 - General Lighting
39 - Electrical Source for Lighting
47 - Laser Displays
48 - Special Effects
52 - Sanitary Facilities
53 - Safety Glazing
56 - Hypnotism
57 - Erotic Dancing
Regulations Requiring that Documents must be held on the Premises or Records kept in a Log Book
5 - Responsibility of Licensee / Staff etc.
6 (b, c ,d) Door Supervisors
11 - Staff Training for Emergencies
12 - Keeping of Records for Fire Drills, etc.
21 - Testing of Emergency Lighting.
Regulations Requiring Information to be Displayed on the Premises
2 - Licence to be Exhibited
29 - Exit Notices
45 - Noise (Notices)
Regulations Requiring Prior Notification to be Given
4 - Alteration of Premises
6(e) - Door Supervisors
46 - Sound Amplification
47 - Laser Displays
48 - Special Effects
54 - Ceiling Inspection
56 - Hypnotism
57 - Erotic Dancing
Regulations Requiring Items to be inspected or Tested Periodically
19 - Safety Curtain Certificate
21 - Testing of Emergency Requirements
42 - Electrical Certificates
54 - Ceiling Inspection
Certificates which must be Submitted to the Council
13 - Fire Alarms
19 - Safety Curtain
42 - Electrical Certificates
54(c) - Ceiling Inspection
Operating Schedule Conditions:
All external doors and windows to the room/s where regulated entertainment is being provided shall remain closed during the course of the entertainment, other than for normal access and egress.
Live bands shall only play in the first floor area with all their instruments and vocals going theough the mixing desk, amplifier, compression device and two in-house speakers. The compression device shall remain at the level agreed with Environmental Health Services and shall be fitted with a tamperproof guard to prevent the level being altered. The equupment (mixing desk, amplifier, compression device and speakers shall be operated by a competent person, who shall ensure that all live entertainments are connected through them. There shall be no changes to the position of the two speakers without the prior written approval of the Licensing Authority.
Prior to any live entertainment commencing on the first floor, the doors and windows of the first floor elevations shall be covered with absorptive insulation boards (as per those used in the level setting exercise of the 27 January 2005). These shall remain in place while the entertainments are in progress.
The level of noise arising from amplified and non-amplified music, singing and speech emanating from the premises shall be controlled such that no disturbance is caused to the occupiers of any noise sensitive premises in the vicinity, including the residents of the Malt Shovel, Elm Terrace and Jackson's Court.
Prominent, clear notices shall be displayed at all exits requesting customers and staff to respect the needs of local residents and leave the premises and area quietly.
All external areas of the premises (beer gardens, patios etc) must not be used by customers between the hours of 23:00 and 10:00.
Speakers used to relay amplified music, singing and speech provided as part of the regulated entertainment shall not be positioned outside the premises, nor internally, but directing out through external doors, windows and similar openings to the premises.
Promotional leaflets (flyers) shall not be distributed to the public outside the premises (whether immediately outside or some distance away) except with the prior written approval of the Licensing Authority, and under the terms of a litter control plan approved by the Responsible Authority for Public Nuisance (Wakefield MDC’s Environmental Protection Team).
Noise from amplified and non-amplified music, singing and speech arising from regulated entertainment at the premises [between the hours of 23:00 and 07:00] shall not be audible inside habitable rooms of noise sensitive properties in the vicinity.
Informative Note:
Licensees are advised to carry out a simple “sound check” outside the nearest noise sensitive property by listening to the music etc. coming from regulated entertainment. If the music etc. is clearly audible then it is likely that this condition is being breached. Steps should then be taken to reduce the volume of the noise.
For the purpose of providing an objective standard to assess whether this condition is being complied with or not, noise shall be considered not to be audible if:
) the measurement of sound when music etc is on (expressed as LAeq, 1min) does not exceed the measurement of sound (expressed as LA90, 5min) when the music is off, and
) the measurement of sound in each 1/3rd octave band between 40Hz and 160 Hz when music is on (expressed as L10, 1min) does not exceed the measurement of sound in the same 1/3rd octave bands between 40Hz and 160Hz when the music is off (expressed as L90, 5min)
All measurements to be taken within the habitable room normally occupied at the time in question, using a Type 1 integrating-averaging sound level meter compliant with BS EN 60804, with either windows open for normal ventilation or closed, whichever situation causes greater noise disturbance.
ADVISORY NOTE:
You can help facilitate patrons leaving in a quiet manner through promoting a ‘calm down’ period at the end of the night. Finish any “lively” entertainment (disco, live music, etc) about 30 minutes before the bar closes and play softer background music. Continue to sell water, soft drinks and other non-alcoholic beverages and allow customers to leave naturally.
The Fire Alarm and Emergency Lighting Systems are to be tested weekly and a written record of these tests is to be kept. Any faults identified and the relevant actions taken to rectify them are to be noted in the record.
All exit routes must be kept clear and remain free from obstruction at all times.
Annex 3 - Conditions attached after a hearing by the licensing authority
(None Applicable)
Annex 4 - Plans
See attached plans.