LICENSING ACT 2003
CONDITIONS ATTACHED TO THE GRANT OF THIS LICENCE
This licence is granted subject to any Mandatory Conditions imposed by the Licensing Act 2003, Embedded Conditions carried across on conversion of your previously held Justices Licence, Conditions Converted from any previously held Public Entertainments Licence, Conditions volunteered on the application form to be undertaken by the applicant and where necessary, Conditions imposed by the Licensing Authority in order to promote the Licensing Objectives.
1. Mandatory Conditions:
a No supply of alcohol may be made under the Premises Licence at a time when there is no Designated Premises Supervisor (DPS) in respect of the Premises Licence OR at a time when the Designated Premises Supervisor does not hold a Personal Licence or his/her Personal Licence has been suspended.
b Every supply of alcohol under the Premises Licence must be made or authorized by a person who holds a Personal Licence.
c Any Door Security staff employed to carry out a security activity at the premises must be licensed with the Security Industry Authority (SIA).
d. In respect of the exhibition of films as mentioned below:
1 The admission of children to the exhibitions of any film is restricted as follows:
2 Where the film classification body is specified in the licence, unless 3(b) below applies, the admission of children is restricted in accordance with any recommendation of that body.
3 Where:-
(a) the film classification body is not specified in this licence, or
(b) the licensing authority has notified the holder of the licence that this subsection applies to the film in question,
the admission of children is restricted in accordance with any recommendation made by the licensing authority.
4 In relation to the above:
“children” means persons under the age of 18 years; and
“film classification body” means the persons or person designated as the authority under section 4 of the Video Recordings Act 1984.
Appendix A
Embedded Conditions.
Justices’ On and Off Licence with S.77 (Special Hours) Certificate and with a Children’s Certificate.
1 Permitted hours: Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means timings on the licence and:
(1). On weekdays other than Christmas Day Good Friday or New Years Eve from 11am to 11pm
(2) On Sundays, other than Christmas Day or New Years Eve and on Good Friday 12noon to 10.30pm
(3) On Good Friday: 12noon to 10.30pm
(4) On Christmas Day: 12noon to 3pm and 7pm to 10.30pm
(5) On New Years Eve except on a Sunday, 11am to 11pm
(6) On New Years Eve on a Sunday: 12noon to 10.30pm.
(7) On New Years Eve from the end of permitted hours on New Years Eve to the start
of permitted hours on the following day
The above restrictions do not prohibit
(a) the consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
(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;
(e) the taking of alcohol from the premises by a person residing there; or
(f) 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
(g) 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.
(h) during the first twenty minutes after the above hours, the taking of alcohol from the premises unless the alcohol is supplied or taken in an open vessel
2. Subject to the following paragraphs, the permitted hours on (weekdays) (or specify day if not every weekday (or day and times on the S.77 certificate) shall extend until (two o’clock in the morning) (or other earlier time specified) except that-
a) the permitted hours shall end at midnight on any day on which music and dancing is provided after midnight and
b) on any day that music and dancing ends between midnight and two o’clock in the morning, the permitted hours shall end when the music and dancing ends.
3. In relation to the morning on which summer time begins, paragraph 2 of this condition shall have effect with the substitution of three o’ clock in the morning for references to two o’clock in the morning (or one hour following the hour actually specified where the certificate currently requires closure between 1am and 2am).
4 Except on Sundays immediately before bank holidays (but including Easter Sunday), the permitted hours shall extend until thirty minutes past midnight in the morning following (or if an earlier hour is specified in the special hours certificate, that hour) Except that-
) the permitted hours shall end at midnight on any Sunday on which music and dancing is provided after midnight
) where music and dancing end between midnight on any Sunday and thirty minutes past midnight , the permitted hours on that Sunday shall end when the music and dancing end.
5. On Sundays immediately before bank holidays (other than Easter Sunday) the permitted hours shall extend until 2am in the morning following Except that-
) the permitted hours shall end at midnight on any Sunday on which music and dancing is provided after midnight
) where music and dancing end between midnight on any Sunday and thirty minutes past midnight , the permitted hours on that Sunday shall end when the music and dancing end.
6. The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.
7. No person under fourteen years of age shall be in the bar of licensed premises during permitted hours unless one of the following applies;
) He is the child of the holder of the premises licence.
) He resides in the premises, but is not employed there.
) 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
) The bar is in premises constructed, fitted and bona fide intended to be used bona fide for any purpose to which the holding of the licence is ancillary
) i) He is in an area shown on the plan attached to the licence
ii) Meals and Non-Alcoholic beverages area available for sale for consumption in that
area.
iii) He is in the company of a person aged 18 years or over.
iv) He is there prior to 9 pm.
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor.
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.
8. The relaxation provisions in section 182 Licensing Act 1964 shall apply in relation to the provision of public entertainment in the premises by the reproduction of wireless (including television) broadcasts or music and singing solely provided by the reproduction of recorded sound.
Appendix B
Conditions relating to previous Public Entertainment Licencewhich have been converted to apply to this licence.
METROPOLITAN BOROUGH OF BURY
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982
PART 1 AND SCEHDULE 1
REGULATIONS APPLYING TO ENTERTAINMENT LICENCES FOR PUBLIC MUSIC, MUSIC AND DANCING OF A LIKE KIND
1 This Licence applies only to those entertainment listed on the Licence and does not apply to those entertainment which fall within Section 182 of the Licensing Act 1964.
2 In the event of the revocation of this Licence by the Council, the Licence shall be returned immediately to the Council’s Licensing Officer.
3 The current Licence must be retained intact and be permanently displayed throughout its currency in a prominent position on the licensed premises.
4 The fee for the First Grant, Renewal or Transfer as appropriate must be paid when submitting the application.
5 There shall be affixed and kept in some conspicuous place on the door or entrance of the licensed premises the following inscription in capital letters: “LICENSED IN PURSUANCE OF THE ACTS OF PARLIAMENT FOR MUSIC AND DANCING AND ENTERTAINMENT OF A LIKE KIND”.
6 The Licensed premises shall not be kept or used for Public Entertainment herein permitted on Sundays and Christmas Day unless the Council issues written consent to vary this Condition.
7 The licensed premises shall not be kept or used for Public Entertainment except between the hours of 11.00am and 11.00pm Mondays to Saturdays inclusive, without the written consent of the Council.
8 The licensee, or some other responsible person nominated by the licensee in writing, shall be in charge of and upon the licensed premises during the whole of the time they are being used for the purposes aforesaid. There shall also be during that time, sufficient staff of competent attendants on duty on the premises. The person in charge shall not be engaged in any duties which prevents him from exercising general supervision.
9 Whilst the licensed premises are being used for Public Entertainment there shall be installed a telephone and a notice which must be prominently displayed above each telephone stating “FIRE - DIAL 999”. Information of any outbreak of fire, however slight, shall be at once communicated to the Fire Service by using the emergency number.
10 The Licensee shall keep and maintain on the Licensed premises a Fire Precaution Register, supplied by the Fire Authority and shall record therein details of all safety tests carried out as outlined in the Register and shall record therein the training staff or responsible persons of fire precaution routines.
11 Applicants for a licence for premises, which are not currently the subject of a licence, shall submit four sets of plans of the premises for which the license is sought, such plans to accompany the application form.
12 Whilst the licensed premises are being used for public entertainment, electrical installations must comply with any applicable rules and regulations affecting the use of electricity for the time being in force and every four years, the licensee must obtain a certificate of safety provided by a registered electrical contractor or competent electrical engineers behalf of the licensee indicating that the installation is maintained in a safe and satisfactory condition. This certificate shall be submitted to the Council on initial application and every FOUR years thereafter.
13 All parts of the licensed premises whilst being used for public entertainment shall be properly and sufficiently ventilated.
14 The ceiling of the licensed premises must be inspected at the time of initial application and examined at least every five years by a competent architect or surveyor on behalf of the licensee and his report shall be submitted to the Councils Licensing Officer within seven days of such examination.
15 No person shall give at the licensed premises (otherwise than as provided by Section 5 of the Hypnotism Act 1952) an exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased.
16 The maximum number of persons to be accommodated in the licensed premises which the premises are used for the public entertainment shall be shown on the Licence.
17 The Licensee shall ensure that the noise from the Licensed premises whilst being used for Public Entertainment shall not be audible within noise sensitive premises (for example houses, hospitals) with windows open in a typical manner for ventilation.
18 All windows and doors to the room or area in which the function/entertainment is being held/performed shall be kept closed for the duration of the entertainment.
19 The licensed premises shall be provided with such means of escape in case of fire for all persons resorting thereto as may be reasonably required by the Council. Such means of escape shall be maintained in an efficient manner at all times. The means of ingress and egress and the passages and gangways shall during the whole time that the licensed premises are used for public entertainment be kept free and unobstructed.
20 The general fire precaution arrangements shall be approved by the Council and maintained at all times and all persons employed in the licensed premises shall be given instructions and training in the procedure to adopt in case of fire.
21 Such portable fire extinguishers as may be considered by the Council to be required shall be provided at approved positions in the licensed premises and shall be maintained in an efficient state and in good working order and repair.
22 The whole of the licensed premises to which the public have access (including toilet areas) shall be provided with a maintained (i.e. illuminated at all material times) emergency lighting system complying with the code of practice for emergency lighting of premises (B.S. 5266: Part 1: 1975). The system shall be capable of maintaining the necessary level of illumination for a period of one hour from the time of failure or disconnection of the normal lighting. Where the premises are licensed for 250 persons or more, the system must be capable of maintaining the necessary level of illumination for a period of two hours.
23 The emergency lighting system may consist of a central battery unit with slave luminaries, or alternatively self-contained luminaries complying with I.C.E.L. standards. The wiring system from the central battery unit to the slave luminaries shall be in M.I.C.C. cable or other approved heatproof cable. Wiring to self contained luminaries may be in M.I.C.C. or mechanically protected P.V.C. cable. All internal illuminated “EXIT” signs shall comply with B.S. 2560 1978. The installation of the emergency lighting system shall be to the satisfaction of the licensing authority.
24 Residual current devices shall be installed to protect socket outlets likely to be used for operating electrical musical equipment.
25 If, after the issue of a Licence it is proposed that alterations will take place within the areas which are licensed for Public Entertainments the Licensee shall inform the Council prior to such alterations taking place and submit plans for consultation.
26 Nothing shall be done, recited, sung, exhibited or performed, and no dancing shall be permitted which is licentious, indecent, profane, improper or of a suggestive nature, or is likely to cause a breach of the peace (for the avoidance of doubt this condition prohibits the performance of striptease or similar dancing).
27 Whilst the licensed premises are being used for public entertainment drunkenness or other disorderly conduct shall not be permitted. In case any disorderly conduct should occur the licensee shall assist the capture, expulsion and conviction of the offenders.
28 The premises shall be provided with adequate lavatory accommodation, which shall be effectively maintained, cleansed, ventilated, disinfected and supplied with all proper requisites.
29 Any Authorised Officer of the Council, the Fire Authority or any Police Constable may, on production if so required of his/her authority, at all reasonable times, enter the licensed premises and inspect them with a view to seeing whether the terms, conditions or restrictions of this licence are complied with.
30 The licensee shall ensure the persons entering and leaving the licensed premises are counted by his employees or agents using counting machines approved by the Council, and that the total recorded on each counting machine shall at all times, be available for inspection by Officers of the Council, the Fire Authority and Greater Manchester Police.
31 No person engaged in vetting customers and maintaining public order (thereinafter referred to as security staff) whether it be permanently or occasionally, can be employed as security staff unless they have been registered or provisionally registered by the Council.
32 The Licensee must ensure that all security staff shall, whilst employed, carry on their person the ID Registration Card issued in relation to the Doorsafe Scheme and allow it to be inspected on demand by any authorised officer.
33 Whilst the Licensee or his employer engages any person at or about the entertainment premises in the capacity of security staff, the Licensee shall maintain a log in a form approved by the Council, showing in respect of each period of duty of that person:
(a) The name, date of birth and residential address of that person
(b) The time at which he/she commenced that period of duty with a signed acknowledgement by that person.
(c) The time at which he/she finished the period of duty with a signed acknowledgement by that person
(d) Any times during the period of duty when he/she was not on duty
(e) If that person is not an employee of the Licensee or his/her employer, the name of the person by whom the security person is employed or through the services of that person were engaged.
34. The log shall be kept so that it can be readily inspected at any reasonable time by an authorised Officer of the Council or a Police Officer and, once a log has been completed, it must be retained on the premises for at least twelve months.
35. The Licensee, shall as soon as is reasonably practicable, notify the Council of any security staff dismissed by the Licensee for serious misconduct which might reasonably affect the continuation of, or renewal of, such security staff’s registration.
36. A Licensee, when requested, shall identify by name those persons employed by him, to a Police Officer, or other authorised Officer.
37. The Licensee shall ensure that all security staff are given adequate oral and written instructions.
38. A notice shall be conspicuously displayed in the entrance to the licensed premises indicating the maximum number of persons allowed entry under the conditions of this licence.
39. Doors not in normal use, which are regarded as emergency exits, shall be fitted with an alarm, which is activated whenever they are opened. The alarm shall be inaudible in public areas, and shall sound in an area permanently manned by the licensee or his employees whilst the licensed premises are being used for public entertainment. The alarm shall be distinguished from any fire alarm within the building.
40. The licensee shall at all times ensure that persons on or leaving the licensed premises, conduct themselves in an orderly manner and do not in any way cause annoyance to residents or to persons passing by.
41. The licence holder shall take all reasonable steps to ensure that persons leaving the licensed premises and using adjacent car parks and highways, do not conduct themselves in a manner so as to cause annoyance to residents or to persons passing by.
42. In circumstances deemed appropriate, the Council may direct that the licensee shall not permit any person to be admitted to the licensed premises after a specified hour on specified days.
43. In circumstances deemed appropriate, the Council may direct that the licensee shall not employ any person or persons on door control at the licensed premises.
44. The licensee shall be fully responsible for the carrying out of each and every one of these terms and conditions and for the safety of the public and employees in the event of a fire or panic, and shall ensure that he complies with all relevant legislation relating to the use of the licensed premises.
45. For every breach of the terms of the licence or those Regulations, the licensee is liable on summary conviction to a fine not exceeding £2000, and the licence may be revoked.
46.The Council reserves to itself the power from time to time in any special case to modify or dispense with any of these terms and conditions.
Appendix C
Additional Undertakings volunteered by applicant on application form.
1. Prominent, clear and legible notices should be displayed at all exits requesting that customers respect the need of local residents and to leave the premises and area quietly. At an appropriate time before closing time, announcements should be made reminding customers of the above.
2. Proof of identity/age should be required and satisfied before allowing entry of person(s) who appear may be under 18 years of age and who wish to purchase/consume alcohol.
3. No persons under 18 years of age shall be allowed on the premises after 1900 hours.