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.
The admission of children to an exhibition of a film where the film classification body or this Council has determined the classification must be restricted in accordance with that classification. The film classification body is the British Board of Film Classification. In this condition children means persons under 18 years of age.
Films must be classified in the following way:
U - Universal. Suitable for audiences aged four years and over.
PG - Parental Guidance. Some scenes may be unsuitable for young children.
12A - Passed only for viewing by persons aged 12 years or older or persons younger than 12 when accompanied by an adult.
15 - Passed only for viewing by persons aged 15 years and over.
18 - Passed only for viewing by persons aged 18 years and over.
Immediately before each exhibition at the premises of a film passed by the British Board of Film Classification there shall be exhibited on screen for at least five seconds in such a manner as to be easily read by all persons in the auditorium a reproduction of the certificate of the Board or, as regards a trailer advertising a film, of the statement approved by the Board indicating the classification of the film.
Where a programme includes a film recommended by the licensing authority as falling into the 12A, 15 or 18 category no person appearing to be under the age of 12 and unaccompanied, or under 15 or 18 as appropriate, shall be admitted to any part of the programme; and the licence holder shall display in a conspicuous position a notice in the following terms:
PERSONS UNDER THE AGE OF [INSERT APPROPRIATE AGE] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME.
Where films of different categories form part of the same programme, the notice shall refer to the oldest age restriction.
This condition does not apply to members of staff under the relevant age while on-duty provided that the prior written consent of the person's parent or legal guardian has first been obtained.
Each individual carrying out a security activity must be licensed by the Security Industry Authority.
A record shall be kept of the names and registration number of such persons and this record shall include the circumstances including full details of all events that take place during their period of duty.
Annex 2 - Conditions consistent with the Operating Schedule
Embedded Restrictions:
OFF LICENCES AND OFF SALES DEPARTMENTS OF ON-LICENSED PREMISES
S.60 63 86 - Licensing Act 1964
Alcohol shall not be sold or supplied except during permitted hours.
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;
ON-LICENCES
S. 59 60 63 67A 68 70 74 76 - Licensing Act 1964
Alcohol shall not be sold or supplied except during permitted hours.
The above restrictions do not prohibit:
a) During the first twenty minutes after the above hours the consumption of the alcohol on the premises;
b) 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;
c) During the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
d) Consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
e) The ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
f) The sale of alcohol to a trader or club for the purposes of the trade or club;
g) 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;
h) The taking of alcohol from the premises by a person residing there; or
i) 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
j) 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.
Conditions Attached to Justices' ON Licence
1. Intoxicating liquor shall only be sold or supplied on the said premises by virtue of such Justices' licence during those hours within the permitted hours when an organised function as hereinafter defined is taking place on the said premises or on some part thereof, and such liquor shall be sold or supplied as aforesaid only to persons attending such an organised function.
For the purpose of this condition, the expression "organised event" means any luncheon or dinner, dance, reception, party, concert, stage play or performance, conference, meeting exhibition or sporting event.
2. When any person under fourteen is on the said premises, the only bar in the said premises to be open for the sale or supply of intoxicating liquor shall be the bar in Legioleum Room and no person under fourteen shall be admitted to the said Legioleum Room when the said bar is open for the purpose aforesaid.
3. Intoxicating liquor shall not be sold or supplied for consumption off the said premises by virtue of such Justices' Licence.
4. No application whatsoever shall be made for an occasional licence by virtue of the holding of such Justices' Licence.
ON-LICENCE: NO CHILDREN’S CERTIFICATE
S.168 171 201 - Licensing Act 1964
No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(1) He is the child of the holder of the premises licence.
(2) He resides in the premises, but is not employed there.
(3) He is in the bar solely for the purpose of passing to or from some part of the premises, which is not a bar, and to or from which there is no other convenient means of access or egress.
(4) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
CONDITIONS ATTACHED TO PUBLIC ENTERTAINMENT LICENCE @ Civic Centre, Ferrybridge Road, Castleford.
1. The Licensee, or other suitable person specifically nominated to the Council in writing, shall keep a record (log book) of staff fire drills and testing of equipment. The record (log book) must be initalled each week by the licensee, or other suitable person, and the record shall be open to inspection at any reasonable time by the authorised Officers of the Council and by the Fire Service.
2. 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.
3. All Emergency Exits to be kept clear and free from obstruction at all times.
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
THEATRES ACT 1968
CONDITIONS MADE WITH RESPECT TO PREMISES LICENSED FOR THE PERFORMANCE OF PLAYS
PART 1
Conditions Applicable to all Licensed Premises
Management of Premises
1. The Licensee shall be responsible for carrying out the provisions of the Theatres Act, 1968, and these conditions of licence. The licensee shall maintain and keep good order and decent behaviour within the licensed premises and shall take all due precautions for the safety of the public, employees and performers.
2. The Licensing Authority reserve the power in any case to dispense with or modify any of these conditions if satisfied that the safety of the public, including persons engaged at the building in which the licensed premises are situated is sufficiently safeguarded; and the Licensing Authority may specify such additional conditions as they may deem requisite to meet the circumstances of any particular case.
3. Authorised Officers of the Licensing Authority, Fire Service Officers and Police Officers on duty shall be permitted to have free access to all parts of the building in which the licensed premises are situated at all reasonable times. This includes all times of public performances.
4. Where premises have the benefit of a full licence for stage play performances but are used only occasionally, the Licensee shall give to the licensing Authority and Chief Fire Officer not less than seven days prior notice in writing of each performance of a stage play. The Licensee shall also be required to comply with any reasonable request made by any authorised officer of the Licensing Authority or the Chief Fire Officer’s representative at the time of an inspection.
5. The Licensee or some responsible person not less than 21 years of age nominated by him in writing for the purpose, shall be in charge of and remain upon the licensed premises whenever they are open to the public. He shall not be engaged in any duties, which prevent him from exercising general supervision and control.
6. Performances of stage plays which endanger the public shall not be given and where fire or naked lights are proposed to be in use on a stage the prior consent in writing of the Licensing Authority shall be obtained.
7. The Licensee shall not permit persons in excess of the number specified on the licence to enter or occupy any portion of the licensed premises. If no such number is specified, the Licensee shall ensure that the numbers of persons present in the licensed premises or any portion thereof on any one occasion shall not give rise to any obstruction or danger and shall comply with any directions as to limitations of numbers of persons permitted to be present given by an Authorised Officer of the Licensing Authority or by the Chief Officer or his representative.
8. At any performance of a stage play no child shall be permitted to occupy any seat in the front row of any balcony, gallery or tier unless accompanied by and in the charge of a person who appears to have attained the age of 16 years.
9. The building in which the licensed premises are situated should be provided with adequate safeguards against fire and supplied with ample, safe and convenient means of egress from all parts of the building for use of the public and all the persons engaged therein, regard being made to the purpose for which the premises likely to be assembled at any one time therein.
10 Alterations or additions, whether permanent or temporary, to the structure, the lighting, electrical heating, ventilating mechanical or other installations, or to the seating, gangways or other arrangements in buildings in which the licensed premises are situated shall not be made except with the written consent of the Licensing Authority and in accordance with any conditions of such consent.
11. All safety signs shall in accordance with Safety Signs Regulations, 1980, BS 5378; Part 1: 1980, BS 5378; Part 3; 1982 specification for safety signs and colours; and BS 5499; Part 1; 1984 Fire Safety Signs, Notices and Graphic Symbols.
Exits
12. The building in which the licensed premises are situated shall be provided with an adequate number of exits so placed and maintained so as to afford the public ready and ample means of safe egress.
13. All exits used by the public in leaving the auditorium shall be clearly indicated with the word “EXIT”.
14. All passages, corridors, ramps and stairways to which the public have access and which lead from the auditorium to the outside of the building in which the licensed premises are situated shall, at all times when the public are on the premises, be kept free from obstruction.
15. Every door in the building for use by members of the public going from the auditorium to the outside of the building shall be constructed to as to open outwards, unless the Licensing Authority shall have been satisfied that this is impracticable in the circumstances of the particular case, and shall be capable of being opened easily and immediately from the inside, when required.
16. Where with the prior consent of the Licensing Authority, doors or gates across exits open inwards, they shall be fastened fully opened so as not to form an obstruction and the closing of collapsible gates or shutters across exit openings shall be prohibited while the audience are in the building.
17. All fastenings on exit doors, which cannot be immediately released by horizontally applied pressure, shall be removed or otherwise rendered inoperative to the satisfaction of the Licensing Authority and the Chief Fire Officer.
18. Doors and openings in buildings other than exits too or from parts of the licensed premises to which the public are admitted shall be provided with notices indicating their use or shall be marked “PRIVATE” and wherever practicable shall be kept secured.
19. Where curtains are provided across an exit doorway they shall be divided at the centre and shall not trail the floor.
Seating
20. The seating in the auditorium shall be so arranged so to allow free access to the exits from the auditorium. The number of seats in a row shall not exceed (a) 7 with arms or 8 without arms where there is a gangway at one end only; (b) 14 with arms or 16 without arms where there is a gangway at both ends. Any variation of these limits must be the subject of prior approval by an Authorised Officer of the Licensing Authority.
21. In licensed premises, which will be used on more than forty days per year all seating shall be securely fixed to the floor. The seating accommodation for each person in all parts of the premises shall be:
a) For seats without arms 18” wide between centres;
b) For seats with arms 20” wide between centres.
In all cases there shall be an unobstructed seat way or space that leaves 10” in depth in the case of fixed seats and 12” depth measured with the seat raised in the case of tip-up seats, measured between perpendiculars between the rear of one seat and the foremost portion of the seat arm or frame behind.
Seating in invalid chairs, other than petrol driven chairs will be permitted subject to any conditions imposed by the Licensing Authority.
22. In licensed premises which are used on less than forty days per year the seats shall be either securely fixed to the floor or alternatively shall be battened securely together in units or not less than four and not more than twelve seats.
23. Standing shall not be permitted in any part of the auditorium.
24. Adequate gangways, not less than 42” wide, unless otherwise approved by the Licensing Authority, shall be provided. The gangways shall lead directly to each exit door and shall be kept free from obstruction.
25. 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.
26. Where rope barriers are used to intersect the seating, they shall be provided with automatic catches and shall not trail the floor when broken. No other forms of barrier shall be allowed.
Staff
27. The Licensee shall be assisted by a sufficient number of attendants properly trained in their duties to assist persons entering or leaving the auditorium. The number of attendants shall not be less than the number of exits available from each floor level of the auditorium and all attendants shall wear either distinctive clothing or suitable armbands.
28. Every member of staff shall be instructed in the safety precautions to be observed in the premises so far as those precautions relate to his duties and to the action to be taken by him in the event of fire or emergency.
Fire Precautions
29. The licensed premises shall be provided with fire appliances suitable to the fire risk in the premises and to the satisfaction of the Chief Fire Officer.
30. The fire appliances shall be maintained in good working order and shall be available for instant use.
31. The Licensee and all members of the staff shall be properly instructed in the protection of the premises from fire and the use of the fire appliances provided.
32. All scenery, stage and other drapings and curtains used within the licensed premises shall be made of such material or shall be treated and maintained so as to be fire retardant.
33. Smoking shall be prohibited in the dressing rooms and notices bearing the words “NO SMOKING” shall be conspicuously displayed in those parts.
34. Smoking shall be strictly prohibited within the stage risk area, except so far as may be necessary on the stage in connection with the performance. The Licensee should obtain the prior permission of the Licensing Authority before permitting smoking in connection with the performance. “NO SMOKING” signs shall be conspicuously displayed at the rear of the stage area and in the wings.
35. Where any open fireplaces or high temperature heating appliances are used they shall be adequately protected by a suitable guard, in the event of the heating being by a central heating system the heating apparatus shall be placed in a separate room from the auditorium. If there is any door between this room and the auditorium the door should be self-closing and fire resisting to a one-hour standard, and the door shall be self closing in to 25 mm (1”) rebates.
36. Explosive, inflammable liquids or highly inflammable articles shall not be brought into or used within any portion of the licensed premises. The storage of combustible materials below stage level shall be prohibited during the time that the public are on the premises.
Lighting
37. In all parts of the building to which the public are admitted and in all passages, corridors, ramps and stairways to which the public have access and which lead from the auditorium to the outside of the building, there shall be provided adequate illumination be general lighting to the satisfaction of the Licensing Authority.
38. In addition to the general lighting, adequate illumination to enable the public to see their way out of the building without the assistance of the general lighting, shall be provided in the auditorium and all other parts of the building to which the public are admitted and in all passages, corridors, ramps and stairways, which lead from the auditorium to the outside of the building. This lighting shall be referred to as the safety lighting and shall be to the satisfaction of the Licensing Authority.
39. All notices and exit indications shall be illuminated by both general and safety lighting, to the satisfaction of the Licensing Authority.
40. The safety lighting shall be kept on at all times when the public are on the premises except in those parts of the building which are lighted equally well by daylight.
41. The safety lighting shall be provided from a source other than that of the general lighting.
42. Any battery supplying safety 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 to be capable of supplying at normal voltage the full load of the safety lighting during the whole time that the public are on the premises.
43. If there is a failure of the general lighting and the general lighting is by gas, the public in the licensed premises shall be instructed to leave the building immediately.
44. If there is a failure of the general lighting and the general lighting is run by electricity, the public in the licensed premises shall, if the lighting is not restored within one hour be instructed to leave the building.
45. If there is a failure of the safety lighting and the safety lighting is not electricity, all parts of the building required to be illuminated by the safety lighting shall be immediately illuminated by the general lighting and the public in the licensed premises shall be instructed to leave the building forthwith.
46. If there is a failure of the safety lighting and the safety lighting is by electricity, all parts of the building required to be illuminated by the safety lighting shall be immediately illuminated by the general lighting and if the safety lighting is not restore within one hour, the public in the licensed premises shall be instructed to leave the building.
47. Electrical apparatus and equipment within the building shall not be used for such purpose, or in such a manner, or when it is in such a condition as to cause danger of electric shock, fire or explosion.
48. The electrical installation shall be in the charge of a competent person, who has attained the age of twenty-one years and who is sufficiently trained for the purpose.
49. All electrical installations shall, if required, be inspected once a year by a competent electrical engineer appointed by or on behalf of the Licensee and a certificate stating the condition of the installation shall after each inspection, be forwarded to the Licensing Authority. The certificate shall be in the form prescribed by the Licensing Authority.
50. Where gas is used for the lighting all gas burners within reach of the public shall be protected by glass or wire globes and all gas taps shall be guarded in such a manner as to prevent unauthorised interference.
PART 2
Additional Conditions Applicable to Premises where Performances are held on more than 200 days per Annum and where the Seating Capacity of the Auditorium Exceeds 400.
Fire Protection Arrangements
51. The stage shall be separated from the auditorium by a wall having a fire resistance of not less than two hours. The wall shall be carried up to and above the level of the roof and shall be carried down below the stage to a solid foundation. Not more than three openings exclusive of the proscenium opening shall be permitted in the proscenium wall. Such openings shall be fitted with self-closing doors having a fire resistance of not less than one hour, and the door shall be self closing onto a 25 mm (1”) rebate.
52. A safety curtain shall be provided between the stage and the auditorium to protect the proscenium opening. A drencher system shall be installed to pour water upon the stage side of the safety curtain.
53. The curtain shall be lowered and raised once immediately before the commencement of each performance.
54. The curtain shall be capable of manual and automatic control.
55. The speed of the curtain shall not less than 1” per second provided that the curtain shall in all cases completely close the proscenium opening within thirty seconds.
56. The roof over the stage shall be provided with lantern light or lights equal at the base to one-sixth of the area of the stage. Such lantern light or lights shall be glazed at the sides with sheet glass not more than one-twelfth of an inch in thickness and shall be capable of being opened in an area at least equal to the base of the lantern light. The sashes shall be bottom hung to open outward and shall be capable of being opened manually or automatically by the fusing of a link.
57. An electric fire alarm system operated by a suitable number of break glass type call points in positions approved by the Chief Fire Officer must be installed. The system should be a staff warning system and must not produce an audible signal to members of the public.
PART 3
General
58. Throughout each performance there shall be in attendance either (1) An employee who is a trained qualified first aider or experienced in “cardiopulmonary resuscitation, or (ii) A member of a suitable recognised first aid organisation (i.e. St Johns Ambulance).
59. No performance, which in the opinion of the Licensing Authority is dangerous, shall be permitted on the stage.
60. No disorderly person or common prostitute shall be allowed to enter or remain in the premises.
61. The performance shall finish by 23.30 hours on any day of performance and on Sundays shall not commence before 14.00 hours.
62. No dramatic performance shall be given in the premises on Christmas Day or Good Friday without the prior approval of the Licensing Authority.
63. The sale or exposure for sale by retail of intoxicating liquor shall not take place without the consent of the Licensing Authority.
64.
(a) If, as a result for an inspection by an Authorised Officer of the Licensing Authority or the Chief Fire Officer, it is considered that the licensed premises are unfit or unsafe for members of the public to be admitted thereto or if these Conditions of Licence are not being fully complied with the licensed premises shall be closed to the public forthwith on receipt by the licence holder or the responsible person of a notice, in writing from the Licensing Authority requiring them to be closed for the reasons aforesaid.
(b) In the event of the licensed premised being closed to the public as aforesaid they shall not be re-opened to the public until the Licensing Authority is satisfied that the licensed premises have been rendered fit or safe for members of the public to be admitted thereto.
65. The ceilings at the hall or theatre used for the performance of stage plays shall, if required, be inspected once every five years by a competent inspector appointed by or on behalf of the Licensee and a Certificate stating the condition of the ceiling shall, after such inspection, be forwarded to the Licensing Authority. The Certificate shall be in the form, prescribed by the Licensing Authority.
66.
(a) Wherever, at any premises specified by the Licensing Authority, a redecoration of those premises takes place, or scaffolding is erected in the auditorium, the Licensee shall report the fact to the Licensing Authority and if so required by the Licensing Authority; shall at the same time cause the premises to be examined by an appropriate expert to the satisfaction of the Licensing Authority.
(b) Wherever required by the Licensing Authority the premises to be inspected by an appropriate expert to the satisfaction of the Licensing Authority.
(c) Following an expert examination the Licensee shall forward to the Licensing Authority a certificate showing the results of the examination.
PART 4
Health & Sanitation
Sanitary Accommodation
67. Suitable and sufficient sanitary accommodation including washing and drying facilities properly separate for each sex must be provided to the satisfaction of the Chief Environmental Health Officer.
Ventilation
68. Adequate means of ventilation must be provided and all ventilation openings must be kept completely open and unobstructed whilst a performance is taking place.
Cleanliness
69. The internal surfaces of the floors, walls and ceilings of the premises, the seating and other equipment must be kept clean.
First Aid
70. A suitable first aid box adequately stocked must be available at all times whilst a performance is taking place.
Operating Schedule Conditions:
1. 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.
2. Any person on the premises who appears to be under 18 years of age attempting to purchase alcohol from the establishment shall be challenged to produce photographic evidence to ascertain their proof of age.
3. CCTV shall be used on the premises. Cameras should be kept in full working order and the recordings shall be retained for a length of time in accordance with local police advice.
4.. Children (as defined in the Licensing Act 2003) shall not be allowed on the premises unless accompanied by an adult at all times.
Annex 3 - Conditions attached after a hearing by the licensing authority
1. All windows and external doors in an area being used for live or recorded music or other entertainment to be kept closed except in the event of an emergency.
2. That prominent signs be kept in place at all exits reminding visitors to exit quietly and to respect the privacy of local residents.
3. That there be no loading or unloading at the property after 11 pm except through the front entrance.
4. That the beer chiller unit only be operated between the hours of 8 am and 10 pm.
5. That the external fire doors be kept closed and only used for egress in the event of an emergency. A prominent sign to this effect should be displayed.
6. That the passageway at the rear of the property be kept clear of vehicles except when loading and unloading.
Annex 4 - Plans
See attached plans.