ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
The maximum number of persons permitted in the premises will be: -
Whole of premises - 130
Noise levels from entertainment’s shall not exceed 33dB LA eq: (5 minutes) when measured at any point on the boundary of any residential property.
GENERAL
DIVISION INTO PARTS
1 These conditions are divided into parts as follows:-
Part 1 General
Part 2 Conditions which apply to all premises
DEFINITIONS
2 In these Conditions unless the context otherwise requires:-
“Licensing Authority” means Fylde Borough Council
“Normal or General Lighting” means all lighting other than emergency or safety lighting permanently installed in those parts of the premises to which the public have access. The term may include decorative lighting but not lighting installed solely for advertising purposes.
“Emergency or Safety Lighting” means lighting obtained from a source independent of the normal or general supply for the building provided to assist the public, performers and staff to leave the premises without the aid of normal or general lighting.
“Platform” means that part of the public assembly space which is arranged for the accommodation of performers and which is not a stage.
“Stage” means that part of a building associated with a hall or auditorium which is constructed or arranged for the performance of plays or similar entertainments.
“Stage Area” means the stage together with any stage basement and any scene dock, workshop, staff, staff room, store or other parts ancillary to it.
“Qualified Person” means
() an approved electrical contractor on the roll of the National Council for Electrical Installation Contracting
or
() a member of the Electrical Contractors Association.
“Premises” means a place, an enclosure, a building or that part of a building used for public assembly and all other buildings within a place containing services or installations used in connection with the assembly.
“Suitable Plan” means a legible scale drawing of the premises preferably at a scale of 1 : 100
“Place of Safety” means a place in which persons are in no danger from fire.
“Fire Resistance” means the ability of an element of building construction to satisfy for a stated period of time the criteria specified in British Standard 476 : Part 8 namely resistance to collapse, resistance to flame penetration and resistance to excessive temperature rise on the unexposed face.
“Surface Spread of Flame” means material used for wall and ceiling linings, acoustic or thermal insulation linings should normally be non-combustible or be rated Class 1 for surface spread of flame when tested in accordance with the appropriate provisions of the current British Standard. Class 1 and Class 0 shall be as prescribed by the current Buildings Regulations/British Standards.
LICENSEE
Shall, in the case of a Cinematograph Licence include, where the context so admits, the owner of the cinematographer or other apparatus, the occupier of the licensed premises, the responsible person nominated in writing by the licensee to be in charge of the premises in pursuance of the Regulations of the Secretary of State and any other person who is for the time being in charge of the premises.
DISPENSATION OR MODIFICATION OF CONDITION
3 These conditions may be dispensed with or modified by the Licensing Authority in any special case.
PART 2
CONDITIONS WHICH APPLY TO ALL PREMISES
LICENCE TO BE KEPT ON PREMISES
1 The licence must be kept on the licensed premises and must be accessible to the Licensee and produced on demand to any duly authorised person.
2 (a) The licensed premises shall not be opened for the purpose for which this licence is granted otherwise than in accordance with the permitted opening times specified in the licence
() The licensed premises shall not be open for the purpose for which thisLicence is granted on any occasion when the licensing authority may signify their desire in writing to the licensee or other person having at the time the care and management of the premises that the same should not be open.
PLANS
3 At the time of application for a grant or transfer of an Entertainments Licence a suitable plan of the premises shall be provided together with such other information as may be requested
CHARGE OF LICENSED PREMISES AND ATTENDANTS
4 The Licensee or a responsible person nominated by him in writing for the purpose shall be present and in charge of the premises during the whole of the time that they are open to the public. During that time there shall be on duty in the premises such number of attendants as may be required by the Licensing Authority. The attendant or attendants with primary responsibility for ensuring that the public leave the premises safely in the event of an emergency shall be not less than eighteen years of age.
MAINTENANCE OF ORDER AND DECENCY
5 (a) The Licensee shall be under a duty to maintain good order, conduct and decency on the premises.
() The Licensee shall not suffer allow or permit any entertainment, exhibition, performance, recitation singing or dancing which is obscene or would offend against good taste or decency or to be likely to encourage or incite to crime or a breach of the peace or to lead to disorder or to be offensive to public feeling to be provided on the licensed premises.
HYPNOTISM
6 No person shall give the premises (otherwise than as provided by Section 5 of the Hypnotism Act 1952) any 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 the susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased.
GAMING
7 No gaming shall be permitted on the premises except in accordance with a licence granted under the Gaming Act 1968.
OVERCROWDING
8 The number of persons allowed in any area licensed for entertainment shall not exceed the occupancy figure laid down by the Licensing Authority.
Overcrowding in such a manner as to cause danger to any person shall not be permitted in any part of the premises.
The Licence shall adopt a system of number control which will satisfy the Licensing Authority at any time that the occupancy figure is not being exceeded.
MAINTENANCE OF PREMISES
9 All parts of the premises, services and fittings therein, including the seating, door fastening and notices, shall be maintained at all times in good order and condition
In particular all electrical/mechanical service installations should be inspected on an annual basis, or such shorter periods as may be specified by the Licensing Authority. The Licensee shall forward all inspection certificates to the Licensing Authority. Inspection certificates (and completion certificates for new installations or extensions to existing installations) should be as follows: -
() Periodic Inspection Report for an Electrical Installation 16th Edition
() Emergency Lighting Inspection and Test Certification to BS5266 Part 1, 1988
() Fire Alarm Inspection and Test certificate to BS5839 Part 1, 1988
() CORGI Gas Safety Inspection Sheet CP4
() Boiler Service Sheet/Report
MEANS OF ESCAPE IN CASE OF FIRE
10 (a) The premises shall be provided with such means of escape in case of fire for all persons resorting thereto as may reasonably be required.
() All such means (including external escape routes to a place of safety) approved by the Licensing Authority shall be properly maintained in an efficient state, in good working order, in good repair and shall be kept free from obstruction at all times when the premises are occupied.
() Fire resisting doors fitted with self closing devices, other than approved automatic releases shall be maintained positively self closing at all times and shall not be provided with any means of keeping them in open position.
() Fire resisting doors fitted with self closing devices and approved automatic releases shall not be provided with any other means of keeping them in the open position.
() Doors fitted with self closing devices and mutually operated releases are doors which may be held in open position only whilst in immediate use. IN THE CASE OF FIRE THESE DOORS MUST BE CLOSED IMMEDIATELY.
() All doors through which a person may have to pass shall be maintained freely available for exit purposes and shall be fitted only with approved fastenings which are easily and immediately openable, without recourse to the use of a key, by any person leaving the premises in the event of an emergency. Fastenings other than automatic panic bolts shall be made inoperative whilst the public are present on the premises.
The method of operating any such fastening, e.g. PUSH BAR TO OPEN shall be conspicuously displayed on or adjacent to the fastening to the satisfaction of the Licensing Authority. The words shall be displayed in 100mm white block lettering on a green background or in such other form as the Licensing Authority may approve. All exit doors shall open outwards and be clear of any steps. Any doors which do not open outwards shall be locked back in the open position throughout the time the public are present.
() All escape routes, including stairways and steps, comprising the means of escape in case of emergency shall be maintained with non-slippery and even surfaces.
() All stair and floor coverings, mats, etc. shall be secured and maintained so that they will not in any way be a source of danger to persons escape in case of emergency.
() All floors, walls and ceilings shall be kept in a satisfactory state of repair. All wall and ceiling linings shall be to the satisfaction of the Licensing Authority.
() Any door off the auditorium or exit ways which does not lead to an exit shall be subject to such conditions as the Licensing Authority may direct.
() Any barrier or temporary barrier shall not be erected or installed without the prior approval of the Licensing Authority.
() When so required by the Licensing Authority diagrammatic plans showing escape routes shall be publicly displayed, where necessary, these shall be supplemented by prominently displayed directional signs showing the routes to be taken to emergency exits.
() No fastenings other that automatic bolts shall be fitted on exit doors used by the public which shall be of such pattern and in such possessions as the Licensing Authority may determine. Automatic bolts shall be such a pattern that horizontal pressure on the cross bars will open doors.
() If the Licensing Authority give consent to the use of chains, padlocks or other devices for securing exit doors when the public are not on the premises a responsible person shall be required to remove such chains, padlocks or other devices before the admission of the public and such chains, padlocks or other devices shall not be replaced during the whole time the public are present in the licensed premises. Such padlocks, and chains shall be placed on a specially prepared notice board in a prominent position, that can be easily seen by the Licensee. There should be a hook to receive each padlock and chain being numbered with corresponding number on the appropriate door(s).
The specially prepared notice board shall have the following “NOTICE” to read in 16mm block letters: -
THE PADLOCKS AND CHAINS FITTED TO EXIT AND ENTRANCE DOORS FOR SECURITY PURPOSES ARE TO BE REMOVED FROM THE DOORS AND PLACED ON THIS BOARD PRIOR TO THE PUBLIC BEING ADMITTED. THESE PADLOCKS AND CHAINS MUST NOT BE REPLACED ON THE DOORS UNTIL THE ENTIRE PUBLIC HAS LEFT THE PREMISES.
() Doors to external courts and passageways which open inwards and all collapsible gates, rollers and sliding shutters shall, while the public are on the premises, be locked in the fully open position in such a way that a key is required to release them. By such doors, gates and shutters, a notice shall be erected as follows:-
“THIS GATE MUST BE KEPT OPEN AND LOCKED IN THAT POSITION WHENEVER MEMBERS OF THE PUBLIC ARE ON THE PREMISES”
The lettering shall be to the satisfaction of the Licensing Authority.
() All removable bolts, chains or padlocks and keys used for securing the entrance doors of the premises or the doors to any external courts or passageways shall be removed before the admission of the public to the premises and shall not be replaced until the public have left the premises. Such bolts, chains, padlocks and keys shall be kept where they are available only to the person in the charge of the premises.
() The contents of any room in the premises shall be so arranged or disposed as to provide for any persons therein an unobstructed escape route to a means of escape in case of emergency.
Only such parts of the premises as have been approved by the licensing Authority shall be used as retiring rooms or cloakrooms and provisions for hanging hats or coats shall not be made in corridors, passages, gangways or exit ways used by the public.
() Where necessary the nosings of steps in the premises to which the public have access shall be maintained conspicuous to the satisfaction of the Licensing Authority.
() The hangings or curtains over exit doors or across gangways shall be made to part in the centre to hang so as to be made to part in the centre to hang so as to be readily drawn aside and not trail on the floor and be arranged so as not to conceal notices.
() Minimum headroom height to all exit doorways, public areas and staircases shall be as prescribed by the Building Regulation Authority and Licensing Authority.
() Where practicable a continuous and uninterrupted handrail shall be fixed on both sides of all staircases and landing us by the public. Where the staircase is 1.8 metres in width and upwards a central handrail shall be provided properly supported and secured to the steps. Similar handrails shall be provided on any ramp, the slope of which exceeds one in ten.
EXIT SIGNS
11 (a) All exit doors and openings approved by the Licensing Authority shall be clearly marked by the word “EXIT” or other approved wording to the satisfaction of the Licensing Authority.
() Doors and openings, other than exits which lead to portions of the premises accessible to the public shall have notices placed over indicating the use of such portions to be marked “PRIVATE”.
() Such additional notices and signs indicating the way out of the premises shall be provided as the Licensing Authority may consider necessary.
() Notices bearing the words “NO EXIT” shall be provided.
() The notices referred to in this condition shall be where practicable at a height of at least 2 metres to 2.5 metres above the floor and where possible shall be placed over the doors or openings to which they relate.
() All new and replacement signs shall take account of the current British Standard and to the satisfaction of the Licensing Authority.
SEATING AND GANGWAYS
12 (a) The seating and gangway arrangements within the premises shall be to the satisfaction of the Licensing Authority in accordance with approved seating plans.
() Facilities for disabled persons shall be to the satisfaction of the Licensing Authority.
CEILINGS
13 (a) The licensee shall report to the Licensing Authority whenever it is proposed to redecorate or erect scaffolding in the public part of the premises and shall then arrange for the ceiling of such part of the premises to be examined on his behalf by a competent technical adviser. The Licensee shall notify the Licensing Authority of the examination and shall permit a technical officer on behalf of the Licensing Authority to be present to ensure that such examination is a thorough as circumstances will allow.
() If redecoration does not take place within five years from the date of the last inspection of the ceiling of the premises or if the Licensing Authority shall at any time so require, a special inspection and examination of such ceiling shall be carried out on behalf of the Licensee by a competent technical adviser. The Licensee shall notify the Licensing Authority of the examination and shall permit a technical officer on behalf of the Licensing Authority to be present for the purpose aforesaid.
() The fact that an inspection has been carried out in the presence of a technical officer representing the Licensing Authority will not relieve the Licensee of his primary responsibility for the safety of the premises.
() Whenever any such inspection and examination is carried out a certificate in the form prescribed by the Licensing Authority shall be furnished by the Licensee to the Licensing Authority.
() When redecoration is undertaken all ceiling surfaces and linings shall be specially treated to achieve a minimum of Class ‘1’ resistance to surface spread of flame unless otherwise specified.
() When practicable adequate access shall be provided and maintained to the satisfaction of the Licensing Authority to the roof voids above the public parts of the premises for the purpose of inspection.
TOILETS
14 (a) Cloakrooms, separate toilet (to comply to B.S. 6465 Part 1:1994) and washing facilities shall be provided for males and females to the satisfaction of the Licensing Authority.
() All water closets and urinals shall at all times be kept in good working order and repair and be properly and effectively cleaned, ventilated, disinfected and supplied with water.
() The position of toilets shall be clearly indicated.
CLEANING
15 All parts of the licensed premises shall at all times be kept thoroughly cleaned to the satisfaction of the Licensing Authority. Unnecessary combustibles shall not be allowed to accumulate on the premises.
STRUCTURAL AND ELCTRICAL ALTERATIONS
16 Alterations or additions whether permanent or temporary to the structure, the lighting, heating or ventilating installations or to the seating, gangways or other arrangements at the premises shall not be made except with the prior approval of the Licensing Authority
Copies of the plans of the proposed alterations or additions shall be deposited with the Licensing Authority, Fire Authority, and Chief Officer of Police. In the new or altered works to licensed premises where Building Regulations apply premises should be completed to the full Building Regulation Standards as approved by the Building Control Department of the Licensing Authority.
ELECTRICAL INSTALLATION
17 All electrical fittings, wiring and appliances shall be constructed installed and maintained to the satisfaction of the Licensing Authority having regard to Statutory Regulations, as applicable, and to their approved standard which in general is of a screwed steel conduit installation or its equivalent. Any adaptation, modification or extension, whether permanent or temporary, shall conform to the then current regulations for the Electrical Equipment of Buildings issued by the institute of Electrical Engineers.
All electrical equipment by entertainers must be protected by an appropriate Residual Current device (R.C.D.) R.C.D.’s may be either permanently installed within the circuitry (N.B. due to the sensitive mechanism within the units the device should not be installed in final circuits associated with lighting or any other essential service) or alternatively, may be a non-permanent plug-in type. All R.C.D.’s are to be manufactures to B.S. 4293:1983
The non-permanent plug-in type must only be used in premises where entertainers use electrical equipment occasionally (i.e. Village Halls, Community Centres, School and Church Halls)
The Licensee is to test the protective device(s) to ensure effective operation prior to each performance.
A certificate of safety signed by a registered Electrical Contractor or competent electrical engineer certifying that the complete installation is maintained in a safe and satisfactory condition shall be submitted to the licensing Authority, if so required, prior to the grant of renewal of a licence. To accord with Cinematograph (Safety) Regulations 1955 certificates are required to be submitted once a year.
NORMAL OR GENERAL LIGHTING
18 All parts of the premises, including external escape routes to a place of safety, shall be provided with an adequate and permanent normal lighting system the control and installation of which shall be to the satisfaction of the Licensing Authority.
EMERGENCY LIGHTING (OR SAFETY LIGHTING UNDER CINEMATOGRAPH) (SAFETY) REGULATIONS 1955
19 An emergency lighting or safety lighting system (in or addition to the normal lighting) shall be designed and installed in the premises to the satisfaction of the Licensing Authority. Such lighting shall be switched on (where appropriate) and be in good working order at all times when the public are present on the premises.
Sufficient tests shall be carried out and recorded in the Log Book to adequately demonstrate to the Licensing Authority that the above requirement is being met.
TEMPORARY ELECTRICAL INSTALLATION
20 (a) In premises having a stage or platform provided with a permanent installation for the lighting of the production, arrangements shall be made for the full utilisation of such permanent installation so far as practicable before the use of additional temporarily installed equipment.
() Where the use of temporary installations is unavoidable for a stage play production, discotheque or any other specific function, such wiring or equipment shall be under the control of a competent person who shall ensure the following:-
() Safe erection and installation within the appropriate requirements relating to temporary installations specified in the current edition of the Regulations for the Electrical Equipment of Buildings issued by the institute of Electrical Engineers.
() Safe use.
() Disconnection and removal after use.
() Display of the name of the competent person and designation at the point of connection of control.
FAILURE OF LIGHTING
21 If there is a failure of electric lighting (normal or emergency) the public shall be instructed to leave the premises by the end of one hour of continued failure (three hour category emergency lighting) or forty minutes (two hour category emergency lighting). If there is a failure of gas lighting whether used for normal or emergency lighting the public shall be instructed to leave the premises forthwith.
SHOWCASES
22 Electrical wiring or apparatus shall not be installed in showcases containing readily combustible materials
STAGE LIGHTING
23 All stage lighting equipment shall be so installed and erected as to prevent contact with scenery or other combustible materials.
LAMPHOLDERS
24 All lampholders shall be fitted with lamps.
GAS INSTALLATION
25 (a) Any gas installation shall comply with the then current Gas (Safety) Regulations.
() Whenever new installations or equipment are identified a gas soundness test should be undertaken and a copy of the Gas Soundness Test Certificate issued by the appropriate installer is to be forwarded to the licensing authority prior to the grant or renewal of the licence. The installation should also be routinely tested every five years and a copy of the Gas Soundness Test Certificate of Worthiness issued accordingly by a competent person. Where at the time of inspection it is considered the installation warrants more frequent testing due to age, condition, maintenance or a degree of risk more frequent testing will be requested.
HEATING INSTALLATION
26 (a) Heating installations shall comply with current statutory regulations, codes of practice and requirements of the ‘Guide to the Electrical/Mechanical Installations for Premises Licensed for Public Entertainment’ published by the Licensing Authority.
() All heaters shall be permanently fixed in position and shall be fitted with appropriate protective guards.
() Heaters of a portable type shall not be used
() Portable gas bottles or cylinders for any purpose shall not be permitted within the premises. Bulk supply installations shall be installed in strict compliance with current codes of practice.
() All open fireplaces or stoves shall be properly protected.
VENTILATION
27 Adequate ventilation to all parts of the premises shall be provided to the satisfaction of the Licensing Authority.
FIRE ALARM SYSTEM
28 Where deemed necessary by the Licensing Authority an adequate fire alarm system shall be provided to the satisfaction of the Licensing Authority in accordance with the current British Standard. The system shall be in good working order at all times when the public are present on the premises.
Sufficient tests shall be carried out and recorded in the Log Book to adequately demonstrate to the Licensing Authority that the above requirement is being met.
REPORTS OF OUTBREAKS OF FIRE
29 (a) All outbreaks of fire or suspected outbreaks shall be immediately
reported to the Fire Brigade.
(b) At all times when the public are present it shall be the specific duty of at least one responsible person to call the Fire Brigade in case of fire or any suspected fire. Such persons(s) should know the location of the nearest telephone and the nearest alternative telephone and be familiar with the emergency method of calling the Brigade.
() A notice shall be kept on the premises giving instructions concerning the quickest available method of calling the Brigade.
FIRE EQUIPMENT
30 Firefighting equipment shall be provided and maintained to the satisfaction of the Licensing Authority. All fire extinguishers shall be mounted in a manner approved by the Licensing Authority. Arrangements shall be made whereby the fire equipment receives regular annual inspection and maintenance by a competent person in accordance with the current code of practice. The date of such tests should be clearly marked on the equipment or on stout tabs attached thereto and recorded in the Log Book to adequately demonstrate to the Licensing Authority that the above requirements are being met.
WATER SUPPLY
31 The Licensee shall notify the Licensing Authority immediately if the water
supply to the hydrant hose reel, sprinkler, drencher or other fire extinguishing installation is cut off or restricted.
ACCESS FOR FIRE BRIGADE
32 Adequate access for Fire Brigade vehicles and equipment should be provided and maintained at all times.
TRAINING AND INSTRUCTION IN CASE OF FIRE
33 All persons employed to work in the premises shall be given instruction and training in the procedure to adopt in case of fire and specific details of this shall be recorded in the log book. The instruction and training shall include the following:-
() Written information shall be made readily available to all staff.
() All members of staff shall receive instruction and training appropriate to their particular responsibilities in the event of an emergency at least as often as recommended by the Lancashire County Fire Brigade.
() Exercises for the staff only shall be held regularly to ensure the efficient operation of the procedure for dealing with an emergency.
LOG BOOK
31 A suitable log book, which shall be produced on request, shall be provided and signed by the Licensee weekly, in which shall be recorded:-
() Record of fire drills.
() Any failure of or in the normal, emergency or safety lighting system and the action taken.
() Any outbreak of fire.
() Record tests of fire alarm system
() Record tests of emergency lighting system
() Record of tests of a stage lantern.
A suitable Fire Safety Log Book is available from the Lancashire County Fire Brigade.
FURNISHING AND UPHOLSTERY COVERINGS
35 (a) All new or replacement items of upholstered seating furniture within the licensed area should be either BS 5852: Part 2 1982 ‘Methods of test for the ignitability of upholstered composites for seating by flaming sources’ using ignition source 5, or to the DOE/PSA ‘fire retardant specification’ FTS 6 using ignition source 5 (this ignition source is not ignition source 5 from DOE/PSA FTS 10 but that used in BS 5852)
All furniture coverings (e.g. Leatherette or plastics which have their own flammability tests) should be tested as composite with its underpadding or associated materials to either of the above tests.
Furniture manufactured using non-durably flameproofed coverings should not be accepted.
It is important to note that the above tests are for a composite piece of furniture and that tests carried out on covering materials only or materials with other underlays and constructions are not acceptable.
() Fire test records from an independent testing station stating that the above standards have been achieved shall be provided as appropriate.
SCENERY DECORATIONS
36 All scenery or decorations shall be of either inherently flame retardant
material or be rendered so and maintained in that condition. Highly flammable and readily ignitable materials such as paper, celluloid and cotton wool shall not be used.
REAL FLAME DANGEROUS MATERIALS AND EFFECTS
37 (a) Naked flames or lights, flashpowder, explosives or highly flammable materials shall not be used in any performance except with the permission of the Licensing Authority.
() Such materials shall be used only when essential to the action as distinct from the atmosphere of the performance.
() Special conditions apply to the use of certain special effects and these are outlined on Lancashire County Council Licensing Form E10 which is available on request.
FLAMMABLE MATERIALS AND LITTER
38 All dirt, rubbish or flammable waste material shall be kept in suitable containers which shall be kept outside the premises or in a place within the premises approved by the Licensing Authority. Storage of equipment shall be permitted in parts of the premises authorised by the Licensing Authority.
Metal containers with fitted lids shall be provided in all dressing rooms for the reception of litter and waste.
SMOKING
39 Smoking shall be strictly prohibited in any stage and dressing room areas provided that smoking shall be remitted on any stage where it is necessary in connection with the performance. Notices to this effect shall be prominently displayed in suitable places.
PUBLIC NUISANCE
40 The Licensee shall not use the premises so as to cause or be a nuisance or annoyance.
SUPERVISION OF CHILDREN
41 In premises where children and parents are likely to be separated or use different floors, the Licensing Authority shall be informed.
DISABLED PERSONS
42 Arrangements for the admission of disabled persons to the premises shall be made and maintained to the satisfaction of the Licensing Authority.
On those occasions when disabled persons are present on the premises such special arrangements as may be necessary in the circumstances shall be made so as to enable all persons to leave the premises safely in the event of fire.
ENTRY AND INSPECTION
43 Any authorised officer of the Licensing Authority, the Police or the Fire Authority may at any reasonable time enter and inspect the premises in respect of which a licence is in force for the purpose of ensuring that the terms, restriction and conditions on or subject to which the licence is held are being complied with