ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
1. Maintain the existing internal and external CCTV system.
2. SIA registered door staff to be employed every Friday and Saturday from 20.30 until close.
3. All windows to be kept closed during entertainment.
4. No flashing lights or neon signs to be provided.
5. No drinks to be taken off the premises except for off sales.
6. Adult entertainment may be provided after 21.00 hours and as such children would not be permitted. When adult entertainment is provided windows will be covered and the event will not be advertised pictorially, either internally or externally.
7. Children under the age of 18 permitted when dining, and when accompanied by an adult but must be off the premises by 20.00 hours except for private functions.
Section 77 Special Hours Certificate. (Thursday to Saturday).
(1) Subject to the following paragraphs, the permitted hours on weekdays shall extend until two o’clock in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that-
(a) the permitted hours shall end at midnight . . . on any day on which music and dancing is not 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 end
(2) In relation to the morning on which summer time begins, paragraph (1) of this condition shall have effect-
(a) with the substitution of references to three o’clock in the morning for references to two o’clock in the morning [or one hour following the hour actually specified in the certificate where the certificate currently specifies permitted hours ending at between one o’clock in the morning and two o’clock in the morning and 2am.
(3) Except on Sundays immediately before bank holidays, the permitted hours on Sundays 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-
(a) the permitted hours shall end at midnight on any Sunday on which music and dancing is not provided after midnight;
(b) where music and dancing ends between midnight on any Sunday and thirty minutes past midnight, the permitted hours on that Sunday shall end when the music and dancing end
(4) On Sundays immediately before bank holidays, the permitted hours shall extend until 2 a.m. in the morning following except that-
(a) the permitted hours shall end at midnight on any Sunday on which music and dancing is not provided after midnight;
(b) where music and dancing ends between midnight on any Sunday and 2 a.m. the permitted hours on that Sunday shall end when the music and dancing end
(5) The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.
PUBLIC ENTERTAINMENT LICENCE CONDITIONS
General Definitions
“agency staff”
Any person not directly employed by the licensee but engaged by the licensee to manage, control or supervise the premises.
“attendant/security person”
Any person employed or engaged either individually or through an agency, by the licensee or a nominated representative of a premises used for public entertainment to assist in the maintenance of good order, security or to restrict or control access to and from the licensed premises during any time when the relevant premises is providing Public Entertainment.
“authorised officer”"
Any person authorised in writing by the Council to act in relation to the relevant statutory provisions.
"Chief Fire Officer"
the Chief Fire Officer of the Merseyside Fire and Civil Defence Authority.
“chief officer of police”
The chief constable for Merseyside Police Authority.
“Council”
Liverpool City Council Licensing Authority.
“emergency lighting”
Lighting obtained from a source independent of the general supply for the premises, which is provided to assist the public, performers and staff to leave the premises without the aid of the normal lighting.
“entertainment”
Entertainment by way of music, singing, dancing or other entertainment of the like kind, to which members of the public are admitted.
“fire authority”
Merseyside Fire and Civil Defence Authority.
“hypnotism”
Hypnotism includes hypnotism, mesmerism and any similar act or process which produces or is intended to produce in any person any form of induced sleep or trance in which the susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased but does not include hypnotism, mesmerism and any similar act or process which is self-induced (s 6 Hypnotism Act 1952).
“lap dancing”
dancing for the entertainment of a person or persons, which takes place in close proximity to the person(s) being entertained and during which a dancer removes an item or items of their clothing and for which payment is made.
“licensee”
the person to whom the Council has granted the licence and in whose name it appears.
"licensed premises"
the premises in respect of which an entertainments licence has been granted by the Council, including all ingress and egress to and from adjacent streets or public open spaces, passages, circulation spaces, lavatories, cloakrooms and other parts.
“nominated person”
A responsible person over the age of 18 nominated in writing by the licensee and notified in writing to the Council to conduct the public entertainment in the absence of the licensee, to assume responsibility for complying with the licence conditions in the absence of the licensee, and to control or supervise the premises. Such written nomination shall be available at all times for inspection by the Council’s authorised officers or by the police.
“noise”
means any sound which is undesired by the recipient and includes vibration.
“normal lighting”
All lighting, other than emergency lighting, permanently installed in those parts of the premises to which the public have access, including decorative lighting but excluding lighting installed solely for advertising purposes.
"Patron"
any person attending the licensed premises to use the facilities provided and permitted by the licence, whether paying for admission or not, other than employees of the licensee engaged in the conduct or control of the licensed premises.
“premises”
The building or any part of the building described in the licence issued by the Council and including any means of ingress and egress and any forecourt, yard or other place used in connection with any entertainment.
“public”
Members of the public who are admitted to the premises whether on payment or not.
“public entertainment licence”
An entertainment’s licence granted under paragraph 1 of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982 [or under paragraph 2 of Schedule 12 of the London Government Act 1963].
“sports entertainment licence”
An entertainment’s licence granted under paragraph 2 of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982 [or under paragraph 3A of Schedule 12 to the London Government Act 1963].
1. Management of the Premises
1.1 The licensee is personally responsible for the management of the premises, including the actions of agency staff, although the licensee may, on occasions when not present, discharge the responsibility through a nominated person in accordance with condition 1.4(b). The licensee shall comply with all statutory provisions in connection with the management of the licensed premises, including particularly although not exclusively the Sex Discrimination Act, 1975 (amended 1982) and the Race Relations Act, 1976, Equal Pay Act, 1970 (amended 1990), Disability Discrimination Act, 1995, Environmental Protection Act, 1990 and the Noise at Work Regulations and any statutory amendments or modifications thereof.
1.2 There shall be affixed and kept up in some conspicuous place on the door or entrance of the licensed premises, an inscription in large capital letters in the words following:- "Licensed for Public Entertainment". This regulation shall not apply to premises to which the public are not admitted by virtue of their restricted use as a club.
1.3 The licensed premises shall not be opened for the purpose for which the public entertainment licence is granted on any day other than between those hours indicated on the licence.
1.4 Attendants/security staff.
(a) The licensee or a responsible person appointed by the licensee in writing, equally familiar with the premises and their services and all safety matters outlined in (c) below, shall be present on the premises whilst it is occupied by the public.
(b) The licensee or responsible person shall ensure that no person is employed, engaged or present as an attendant/security person in or about the premises unless they have been registered for such purpose by the Security Industries Agency prior to commencement of their duties.
(c) The licensee shall provide training for attendants or security personnel to ensure that they are familiar with the means of ingress and egress and the procedure in case of fire, or other emergency requiring immediate evacuation of the premises and keep a record of that training.
(d) These attendants/security staff shall remain in that part of the premises for which they are responsible before, during and immediately after the hours for which the premises are licensed on any occasion and the licensee should keep a record of the station and/or location of each individual. In respect of premises with a maximum capacity greater than 150 persons such attendants shall number at least one for each floor level, balcony, or gallery occupied by up to one hundred persons, two for each of those levels occupied by more than one hundred but less than five hundred and one additional attendant shall be provided for every additional two hundred and fifty persons or part of the number. Such attendants shall not include the licensee
(e) All attendants and security personnel shall be in uniform or other distinctive dress and must wear the identification badge issued by either the Security Industries Agency, which must include the holder’s full name, and signature (on reverse side); and photograph and registration number on the face side clearly visible to members of the public.
(f) The licensee shall maintain on the premises a register, supplied by the Council, of all attendants/security staff employed. The register shall include the name, address, date of birth, photograph and personal identification number of each such attendant, together with a their record of attendance, duties and training. This register must be available for inspection during licensed hours by the appropriate officers of the licensing authority and the police.
(g) A notice shall be prominently displayed in the main part of the premises advising members of the public of the name of the Licensee to whom a complaint may be directed.
1.5 Where the whole or any part of the licensed premises is occupied wholly or mainly by children under the age of sixteen years, the attendants required to be provided by standard condition 1.4 shall be increased on the floor level, balcony or gallery concerned. The number of such attendants in these circumstances shall be not less than one attendant for every one hundred persons or part thereof at each level, not less than one attendant for every fifty persons on any level which comprises an upper floor, balcony or gallery open on one or more sides (save for a balustrade not exceeding two metres in height) and having a drop to a lower floor or surface level, and in any case at least one attendant for each exit which may be used in emergency from each level concerned.
1.6 Where drinks are supplied to persons attending the entertainment in glasses or bottles, the licence holder should ensure that empty glasses and bottles are collected regularly and that no person is permitted to take a glass or bottle from the premises.
1.7 In areas where standing is not prohibited by standard condition 4.2.2, the number of persons permitted to stand shall not exceed the maximum permitted number stated in the licence and calculated in accordance with the current Building Regulations. Overcrowding in any part of the premises so as to interfere with the safety or comfort of the public shall not be permitted.
1.8 Closed circuit television equipment must be installed to cover all parts of any premises required by condition 1.4 to have registered door attendants/security staff when entertainment is being provided. The video recordings shall be retained for one month and the licensee or nominated assistant shall, on request, provide any authorised officer of the City Council or any Police Officer with any closed circuit television video recordings made of the licensed premises or of the area surrounding the licensed premises.
1.9 Children apparently under fourteen years of age shall not be allowed to enter into or be in the licensed premises between 9 o'clock each evening and 12 o'clock noon on the following day unless accompanied by a parent or adult guardian.
2. Conduct of the Premises
2.1 The licensee or nominated person shall ensure that any noise emanating from the premises shall not
a) cause any injury to the health of persons present on the premises; or
b) cause annoyance or nuisance to occupiers of premises in the vicinity.
2.2 The licensee shall cause to be displayed in a conspicuous position in the premises a Notice requesting the public to leave the premises in a quiet and orderly fashion.
2.3 The licensee shall ensure that nothing shall take place on the premises which
a) is likely to cause disorder or breach of the peace;
b) is likely to be grossly offensive to any person on the premises;
c) involves unlawful betting or gaming;
d) involves drugs misuse; or
e) any other unlawful activity.
2.4 The licensee is required to obtain the written permission of the Council, for which application must be made in writing to the Council not less than 28 days prior to the hearing of the application for any of the following events, and is required to comply with any conditions attached to such consent
a) any exhibition, demonstration or performance of hypnotism to any person;
b) any performance involving nudity such as striptease, lap dancing or any similar activity within the premises;
c) any public entertainment not usually carried out at the premises or which involves special effects or special risks;
d) any entertainment or exhibition involving dangerous beasts, naked flames, knife or missile throwing, the use of firearms, trapeze or high wire acts, the erection of temporary structures, or other performances liable to create a danger by fire or otherwise;
e) the use of footlights, floats, spots and any other lighting whether permanent, temporary or special, provided for performances or effects in connection with entertainment.
f) the use of flammable scenery, draperies, temporary heating equipment, acetylene gas, liquefied petroleum gas or any flammable liquids or substance for producing light, heat or explosion.
2.5 The licensee shall ensure that no accumulation of flammable rubbish, dirt, surplus materials or goods, shall be permitted to remain in any part of the licensed premises except in a place and quantity approved by the licensing authority.
2.6 All licensees must notify the Licensing Unit in writing at least 5 working days before an event which involves the use of a promoter. Details of the notification must include the name and address of the promoter and the date and time of the event.
3. Fire Safety
3.1 Procedure in event of fire
3.1.1 The licensee shall be responsible for staff training in respect of fire precautions and fire and evacuation procedures, and a record staff training should be kept. Training shall include:
(a) the action to be taken on discovering a fire and on hearing the fire alarm;
(b) raising the alarm and calling the fire service;
(c) the location and use of fire fighting equipment;
(d) knowledge of escape routes;
(e) knowledge of the method of operating any special escape door fastenings; and
(f) evacuation of the building to an assembly point at a place of safety.
3.1.2 A notice giving instructions as to the mode of summoning the Fire Brigade shall be displayed at such points as deemed necessary by the Chief Fire Officer. If any fire, no matter of how trivial a nature, place within the licensed premises, or if any report or alarm of fire is made or given, notice shall immediately be sent to the nearest Fire Station by dialling 999 and details recorded in the Registration Book.
3.1.3 External access provided for emergency vehicles shall be kept free from obstruction at all times.
3.1.5 All exits and exit routes shall be clearly indicated by notices and kept free from obstruction at all times.
3.2 Fire hazards and fire precautions
3.2.1 Stoves, open fires and heating appliances shall be effectively fixed and (where appropriate) guarded, and portable heating or cooking appliances shall not be used except with the consent of the Council.
3.2.2 No combustible or flammable materials or substances shall be kept or stored on the premises except with the consent of the Council.
3.2.3 Furniture and fittings, and the décor and fabric of the building, shall have the necessary fire retardant qualities in accordance with current standards.
3.2.4 No laser beams (pyrotechnics or real flame), strobe lights, explosives, flammable or smoke-producing agents, toxic or hazardous substances and any similar entertainment involving special effects or special risks shall be used on the premises except with the consent of the Council.
3.2.5 Electrical installations, equipment and apparatus shall not cause any fire risk or danger of electric shock or explosion.
3.2.6 Any fire alarm and fire fighting equipment, including sprinklers, provided shall be maintained in efficient working order and tested at least annually to the satisfaction of the Council and the fire authority.
3.2.7 The licensee shall, in consultation with the Chief Fire Officer, establish a procedure to be followed in the event of an emergency which requires a rapid evacuation of the licensed premises. The licensee shall train and instruct all staff and the attendants required by standard condition 1.4 in that procedure and their duties in that connection. This procedure shall be reviewed and revised in consultation with the Chef Fire Officer when alterations or changes in the premises, its use or other matters relevant to the procedure occur. This procedure shall be practised regularly outside the licensed hours at intervals not exceeding three months. The Chief Fire Officer shall be informed of the holding of at least one such practice each year in order that, if considered desirable, it may be witnessed by a fire brigade officer.
3.2.8 Such fire appliances as shall from time to time be required by the Chief Fire Officer shall be provided in the licensed premises in such positions as may be specified and kept in good order.
3.2.9 Wherever smoking is permitted in the licensed premises, sufficient and adequate ashtrays shall be provided within easy reach of all patrons.
3.3 Electrical Installation and Lighting.
3.3.1 All electrical fittings, wiring, switches, etc., and appliances shall be maintained to the approval of the licensing authority. A competent electrician shall be in charge of the installation who shall be responsible for any repairs or alterations carried out. Any extension of, or addition to the electrical installation, shall conform to the safety standards prescribed in the current edition of the Technical Regulations for Places of Public Entertainment in Greater London.
3.3.2 The whole of the electrical installation provided for any purpose, in or attached to the licensed premises, shall be tested and examined at least once a year by a competent electrical engineer appointed by the licensee. Following that inspection and the remedying of any defects found, a certificate shall be furnished to the Head of Environmental Health and signed by the examining electrical engineer stating that the installations are satisfactory, comply with the standards prescribed by the Institution of Electrical Engineers in their Regulations for the Electrical Equipment of Buildings (current edition) and are safe from hazard of fire or shock. The licensed premises shall not be used for the purposes of this licence if such a certificate, not more than twelve months old, is not extant. This condition shall not be required for premises which are licensed for not more than three occasions within a period of fourteen days in any twelve months.
3.3.3 All parts of the licensed premises accessible to persons including circulation spaces, stairs, passages and egress routes within a building or in the open which may be used to lead to or from the public street, or other approved open place of safety, shall be adequately illuminated for safe use by electric lighting when they are not adequately lit by natural light. Artificial lighting may be reduced or extinguished only within any room where entertainment is provided and only when essential for the purpose of that entertainment and where a system of safety lighting is kept illuminated at all times and only where the control is constructed and arranged so that full illumination can be restored quickly.
3.3.4 In addition to the primary lighting required by standard condition 4.3.3 another means of illuminating all parts used, or possible to require use, by patrons of the licensed premises, shall be provided. This lighting shall enable persons to see their way out of the premises safely, to the public street or other approved place of safety without assistance from the primary lighting. This safety lighting system shall be illuminated during the entertainment and immediately before and after licensed hours except where adequate natural light is available, and shall be powered by either
(a) electricity, connected to a central battery supply kept fully charged and arranged to take over automatically and sustain the safety lighting in the event of a mains failure for a period of at least three hours. A separate change over to battery operation by a manual switch which cuts out the mains supply and activates the automatic change over shall be provided. The operation of this system including the automatic change over shall be tested each day immediately prior to the licensed opening hours; or
(b) gas; or
(c) Colza oil, providing the licensed premises are not supplied with both mains electricity and gas.
All switches, taps or cocks controlling the safety lighting shall be situated in a place not accessible to patrons, or if this is not practicable, shall be secured against unauthorised interference. Any system of safety lighting, is only permitted if it has been approved in writing by the Council.
4. General Safety
4.1 Numbers Present
4.1.1 The number of persons admitted to the premises on any one occasion shall not exceed the maximum permitted number stated in the licence (such number to be inclusive of staff on the premises) and overcrowding in any part of the premises so as to interfere with the safety or comfort of the public shall not be permitted.
GROUND FLOOR - 100
BASEMENT - 200
4.1.2 The licensee shall employ a suitable method of determining the number of persons on the premises at any one time to ensure that the maximum permitted number is not exceeded.
4.1.3 The licensee shall ensure that a notice, in a format prescribed by the Council, is displayed in a prominent position so as to be visible and easily understood at the entrance to the premises, indicating the maximum number of persons that in total may be present on the premises. Where the Council has specified numbers for particular parts of the premises, the licensee shall ensure that notices, in a format prescribed by the Council, are displayed at the entrance to those parts, indicating the maximum number of persons that may be present there at any one time.
4.2 Means of Escape.
4.2.1 All the exits from all rooms used by patrons which give egress to the street, or to an egress route leading to a street, shall be indicated clearly with a sign reading "EXIT" in not less than 125mm high bold letters at a height of at least 2 metres above the floor level with direction arrow-heads where required. Additional signs shall be provided to the approval of the Council in the following situations:-
(a) Where all exits from a room are not clearly visible from any point in that room; and
(b) On all egress routes within, and final exits from, the licensed premises, where there may be any doubt as to the route to be taken to leave the premises most directly.
All such signs, unless they are adequately illuminated by natural light, shall be adequately illuminated by the primary lighting and the safety lighting, if any, or by such other means as is approved in writing by the Council.
4.2.2 No chairs, seats or obstructions whether fixed or moveable, shall be placed or allowed in gangway, passage or exit of the licensed premises, or in any part of the licensed premises, which may be uses as an exit or an egress route. No person, except an official or employee of the licensee shall be permitted to stand, sit or remain in any vestibule passage, staircase, lobby, corridor, gangway or vacant space forming part of any exit or egress route of the licensed premises, or to use the same for any purpose except that of passing to or from the licensed premises, or any part thereof.
4.2.3 No corridors or passage which is or may be an exit, or an egress route shall be used as a cloakroom, and no pegs or other fittings for hanging hats or cloaks shall be allowed therein.
4.2.4 Except in the case of doors and barriers which are approved and which must be kept open and locked back during the licensed hours, all exit doors and barriers shall open outwards, and shall only be fastened so as to open immediately with only slight pressure from the inside. All exit doors shall be fully available for use during licensed hours.
4.2.5 Such special arrangements as may be necessary shall be made for the escape of disabled persons.
4.3 Premises, Fixtures and Fittings
4.3.1 Gangways, exit routes and steps shall be maintained in good order with non-slippery and even surfaces, and edges of steps and stairways shall be conspicuously marked if required by the Council.
4.3.2 Seats not securely fixed to the floor or walls shall not be provided unless either:-
(a) being set out in rows, facing the entertainment, provided they do not exceed in number two for every square metre of floor area occupied and they are securely fastened together in sets of not less than four clear gangways one metre wide are provided on all sides and at right angles to the rows so that there are not more than twelve seats between the last gangway, or
(b) not being set out in rows, they do not exceed in number two for every three square metres of floor area occupied and clear gangways one metre wide are provided on all sides and through the seating areas so that no seat is more than one and a half metres from such a gangway, or
(c) their number and arrangement has been approved in writing by the licensing authority.
4.3.3 All floor coverings, handrails, ramps and protective barriers shall be secured and maintained so that they will not in any way be a source of danger.
4.3.4 The licensee shall provide or have the unhampered use of a telephone on the licensed premises for use in an emergency.
4.3.5 All parts of the licensed premises shall be thoroughly ventilated and the air within the premises shall be maintained at a reasonable and comfortable temperature immediately before and during their use by patrons.
4.3.6 The several lavatories, urinals and wash-hand basins in the licensed premises shall at all times be kept in good order and repair, and be properly and effectively cleansed, ventilated, disinfected, and supplied with water, soap and towels and other proper requisites. The doors thereof and access thereto from rooms in which food, drink, or entertainment is provided shall be clearly marked.
4.3.7 The whole of the licensed premises shall be kept reasonable clean and decorated at all times. All carpets, upholstery, draperies and other soft furnishings shall be frequently cleaned in position with a suitable efficient vacuum cleaner in addition to such other cleaning as may be required. In addition to any maintenance specifically required by these regulations, the premises shall be maintained safe, secure, weatherproof, fit and convenient for the licensed purposes and this shall include all fixtures, fittings, furniture and floor finishes or coverings. Elements of structure having a specific degree of fire resistance for the protection of escape routes shall be maintained to the satisfaction of the licensing authority. Any repair, renovation or renewal of soft-floor coverings and upholstered furniture shall be carried out only with materials that will achieve the fire retardancy standards required by the licensing authority.
4.3.8 The licensee shall ensure that at all times an adequate and appropriate supply of first aid equipment and materials is available on the premises.
5. General
5.1 Where it appears to the licensing authority that there has been a breach, or a failure to comply with any of the terms or conditions, subject to which this licence has been granted, the licensing authority may issue a notice to the licensee requiring him to remedy such breach or to comply with the said term or condition within a reasonable time and immediately close the licensed premises until the breach or failure is remedied to the licensing authority's satisfaction; and if within such time the licensee shall fail to remedy the breach or to comply with the requirements of the notice then the licensing authority may revoke the licence hereby granted, or impose such further term or condition with immediate effect as it may think fit.
5.2 All parts of the licensed premises shall be open, and made fully available for inspection by any police officer or any authorised officer to make such inspections by the licensing authority or the Chief Fire Officer, at any time during the licensed hours without notice, or at any time by an officer authorised by the Chief Fire Officer after giving at least 24 hours notice, for the purposes of ensuring that these regulations or any other conditions under which this licence is granted are being complied with.
5.3 No alterations, whether in construction or rearrangement of any detail or otherwise which might endanger the patrons shall be made to the licensed premises without the prior approval of the licensing authority.