pool of licensing conditions of... · 2020-01-28 · mc2 training shall be recorded in documentary...

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POOL OF LICENSING CONDITIONS Licensing Act 2003

Guidance on Writing an Operating Schedule ..................................................................... 2

Cumulative Impact ................................................................................................................ 2

Conditions Relating to the Prevention of Crime and Disorder ........................................ 3

Management Controls ........................................................................................................... 3

Door supervisors .................................................................................................................... 3

CCTV ....................................................................................................................................... 4

Glassware and Bottles ........................................................................................................... 5

Restrictions on Drinking Areas ............................................................................................ 5

Substance misuse ................................................................................................................... 5

Radio Links .............................................................................................................................. 6

Conditions Relating to the Prevention of Public Nuisance ............................................... 7

Noise Precautions .................................................................................................................. 7

Management and Monitoring Controls ............................................................................... 7

Noise Limiting Devices .......................................................................................................... 9

Noise containment ................................................................................................................. 9

Sound Insulation ................................................................................................................... 10

External Area Controls ....................................................................................................... 11

Delivery/Collection/Storage ................................................................................................ 13

Taxi Provision ....................................................................................................................... 13

Litter ...................................................................................................................................... 13

Late Night Refreshments/Take-aways/Restaurants/Food Provision .............................. 13

One-off Events ...................................................................................................................... 14

Light Pollution ...................................................................................................................... 15

Conditions Relating to Public Safety ................................................................................. 15

Occupancy/Capacity Limits ................................................................................................ 15

Sanitary Facilities ................................................................................................................. 16

Lighting.................................................................................................................................. 16

Air Conditioning ................................................................................................................... 16

Conditions Relating to the Protection of Children from Harm ..................................... 16

Proof of Age Scheme ........................................................................................................... 16

Responsible Authorities Contacts List .............................................................................. 17

PLYMOUTH CITY COUNCIL

POOL OF LICENSING CONDITIONS of 18

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Guidance on Writing an Operating Schedule

You are required to prepare an operating schedule or club operating schedule on the measures that

you intend putting in place to show how you will comply with the four licensing objectives;

The prevention of crime and disorder.

Public safety.

The prevention of public nuisance.

The protection of children from harm.

Your operating schedule should not be the subject of standard conditions but reflect how you intend

to promote these licensing objectives. For example, if your application relates to a restaurant the

measures and controls will be less detailed than for a pub or nightclub.

Any conditions, controls or restrictions that you put forward will be added to your licence (or

certificate) and will govern the way in which you manage your licensed premises. Licensing conditions

must be clear and appropriate and be expressed in terms that are unequivocal and unambiguous.

We have devised a pool of licensing conditions that will assist you in preparing your operating

schedule that can be included in your operating schedule. The pool of conditions is not exhaustive and

does not prevent you from volunteering any alternative measures that you believe are more

appropriate for your particular premises.

Prior to submitting your application we would recommend that you contact the Police (crime and

disorder), Environmental Health (public nuisance and public safety), Fire (public safety) and Trading

Standards (prevention of children from harm) or any other relevant agency to discuss your application

and they may suggest licensing conditions that you should consider. This will reduce the likelihood of

a responsible authority submitting a representation.

When you submit your application (to the licensing authority) you must also send a copy to all

responsible authorities (a list of responsible authorities is included in your application pack). Where a

responsible authority has concerns or wish to clarify some point they will contact you. If it can be

resolved by way of mediation you can amend your application. If it cannot then the responsible

authority will submit a representation and your application will be considered by Licensing Committee

within 20 working days.

Cumulative Impact

The Council has adopted a special licensing policy concerning cumulative impact. This policy applies to

Union St (including Derry’s Cross), North Hill, Mutley Plain, Stoke Village and the Barbican and was

introduced to control the large concentration of licensed premises selling alcohol and incidences of

alcohol-related crime and disorder and nuisance. The effect of this policy is that when submitting an

application for licensed premises in any of these areas (or variation of an existing licence) you should

be aware that higher standards will be applied. For example, if you were considering opening a nightclub or public house the likelihood is that your application will be refused, unless you put in place

sufficient controls that demonstrate your premises will not add to the cumulative impact of the area?

However if you were considering opening a restaurant or similar establishment it is likely that your

application would be granted as it is not likely to attract the same crime and disorder concerns.

If the premises are located in any of these areas you are advised to speak to the Police and

Environmental Health authorities prior to making an application.



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CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER

Table of Contents

1. Management Controls

2. Door Supervisors

3. CCTV

4. Glassware and Bottles

5. Restrictions on Drinking Areas

6. Substance Misuse

7. Radio Links

Management Controls

MC1 All staff shall be fully trained to perform their role. They will also be trained in the contents of

the premises licence including times of operation, licensable activities and all conditions.

MC2 Training shall be recorded in documentary form that will be available for inspection at the

request at all reasonable times by an authorised officer from a relevant responsible authority. The

records will be retained for at least 12months.

MC3 Any person managing or supervising staff in the sale of alcohol or other licensable activity in

the absence of the DPS shall be the holder of a personal licence obtained from a nationally recognised

body.

MC4 All staff shall be trained in the requirements of the Challenge 21 or 25 policies (delete as

appropriate).

MC5 An incident book shall be maintained to record any activity of a violent, criminal or anti-social

nature. The record will contain the time and date, the nature of the incident, the people involved, the

action taken and details of the person responsible for the management of the premises at the time of

the incident.

MC6 An incident book shall be available for inspection at all reasonable times by an authorised officer of relevant responsible authority. The records will be retained for at least 12 months.

MC7 All staff shall be suitably trained in the operating procedures for refusing service to any person

who is drunk or is under-age or appears to be under-age.

MC8 There shall be no admissions or re-admission to the premises after ##.## hours.

MC9 Spirits and all alcoholic beverages on display will be in such a position so as not to be obscured

from the constant view of the cashier / staff. (If this is not reasonably practical the Licensing

Authority shall be consulted regarding other suitable locations in the premises).

Door supervisors

DS1 All door staff shall be trained in the requirements of the Challenge 21 or 25 policies, (delete as

appropriate), the identification & recognition of drunks and the correct procedures to be followed

when refusing service.

DS2 The number of door supervisors employed shall be in accordance with the following ratio: A

minimum of two door supervisors will be employed for the first 100 customers and one door

supervisor for every 100 thereafter.

DS3 The Premises Licence Holder and/or Designated Premises Supervisor shall ensure door

supervisors are properly briefed and trained to manage queues in a safe and efficient manner.

DS4 Door supervisors will be responsible for ensuring the safe, quiet and orderly dispersal of

customers from the premises and the immediate vicinity of the premises.

DS5 The Premises Licence Holder and/or Designated Premises Supervisor shall not allow any

drinking vessel, glass or bottle to be taken from the premises.



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DS6 All door supervisors will wear high visibility clothing and display their SIA badge in an approved

method (i.e. arm display badge holder) at all times.

DS7 The Premises Licence Holder and/or Designated Premises Supervisor shall arrange adequate

supervision of any queue, which may form to gain entry to the premises.

DS8 All Door Staff engaged in searching persons (as a condition of entry) shall be fully trained in the use of their powers to do so.

DS9 Where a licensed premises engages in searching persons, the Premises Licence Holder and/or

Designated Premises Supervisor shall ensure that door supervisors of both sexes on duty.

DS10 The Premises Licence Holder and/or Designated Premises Supervisor shall ensure that the

following details for each door supervisor are contemporaneously entered into a bound register kept

for that purpose:

(i) Full name,

(ii) SIA Certificate number and or badge number, or registration number of any accreditation

scheme recognised by the Licensing Authority (including expiry date of that registration or

accreditation),

(iii) The time they began their duty

(iv) The time they completed their duty.

(v) The full details of any agency through which they have been allocated to work at the premises

if appropriate

The register shall be available at all reasonable times to an authorised officer of the Licensing

Authority or a police constable.

This register is to be kept at the premises at all times and shall be so maintained as to enable an

authorised officer to establish the particulars of all door staff engaged at the premises during the

period of not less than 12 months prior to the request.

DS11 Door supervisors shall be on duty at the premises on each trading day from (Insert

commencement hours) until (Insert terminal hours).

DS12 All door supervisors shall be capable of communicating instantly with one another by way of

radio or other simultaneous system of communication.

DS13 All door supervisors shall wear distinctive clothing or insignia to clearly identify them as door

supervisors. Door supervisors on duty at the front door shall wear 'high visibility' clothing (such as a

jacket or waistcoat).

CCTV

CTV1 The Premises Licence Holder will ensure that a CCTV system is fully compliant with the

guidance contained in the Information Commissioner’s Office (ICO) guidance document

(www.informationcommissioner.gov.uk) regarding installation of CCTV is provided at the premises.

CTV2 The CCTV equipment shall be maintained in good working order and continually record when

licensable activity takes place and for a period of two hours afterwards.

CTV3 The CCTV system shall cover all areas of the premises to which the public have access

including any outside areas.

CTV4 Images shall be retained for a minimum of 31 days

CTV5 The CCTV system shall be capable of downloading images to a recognizable viewable format.

CTV6 At all times the premises are open for business a member of staff shall be present who is

capable of operating the CCTV system and downloading images at the request of police or other

authorised officer.

http://www.informationcommissioner.gov.uk/



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CTV7 The CCTV system shall be capable of obtaining clear facial recognition images and a clear head

and shoulders image of every person entering or leaving the premises.

CTV8 If the CCTV equipment (Including any mobile units in use at the premises) breaks down the

Premises Licence Holder shall ensure the Designated Premises Supervisor, or in his/her absence other

responsible person, verbally informs the Licensing Authority and the Police as soon as is reasonably practicable. This information shall be contemporaneously recorded in the incident report register and

shall include the time, date and means this was done and to whom the information was reported.

Equipment failures shall be repaired or replaced as soon as is reasonably practicable and without

undue delay. The Licensing Authority and the Police shall be informed when faults are rectified.

CTV9 Any radio equipment supplied for use by Pubwatch or any other organization will be

maintained in good working order. During the times door supervisors are employed any such radio

will be held by the door supervisor managing the main entrance to the premises.

CTV10 The CCTV system covering any dedicated smoking area shall be fully operational and regularly

monitored.

Glassware and Bottles

GB1 Except for the sale of a bottle of wine for consumption with a meal in a designated area of the

premises, no bottles containing beverages of any kind, whether open or sealed, shall be given to

customers on the premises whether at the bar or by staff service away from the bar.

GB2 No customers carrying open or sealed bottles cans or other receptacles containing alcoholic

liquor shall be admitted to the premises at any time that the premises are open to the public.

GB3 All drinks shall be served in plastic/paper/ toughened glass or polycarbonate containers.

GB4 All drinks shall be served in plastic/paper/ toughened glass or polycarbonate containers for

customers using the following specified areas inside and outside the premises (enter specified areas).

GB5 All drinks shall be served in plastic/paper/ toughened glass or polycarbonate containers during

the following events or occasions (enter specified events).

GB6 The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is

no build-up of empties in and around the premises.

GB7 Bottle bins shall be provided at the exit doors and staff shall show due-diligence in preventing

bottles and glasses being taken from the premises.

GB8 The contents of any bottled beverage shall be decanted into a plastic or polycarbonate

receptacles before service to any customer.

Restrictions on Drinking Areas

RDA1 The Premises Licence Holder and/or Designated Premises Supervisor shall ensure that any

outside area included in the licence will be controlled in a safe and effective manner to the same

standard operated within the premises building and will pay special attention to the impact that the

use of the outside area has on the surrounding community.

Substance misuse

SM1 The Premises Licence Holder or nominated person shall provide a written drugs policy

detailing the actions to be undertaken to minimize the opportunity to use or supply illegal substances

within the premises.

SM2 The Premises Licence Holder or nominated person shall ensure that records are maintained

detailing the time and date of substance misuse training, the people who received the training, and the

name of the person delivering the training. The records will be available for inspection by an

authorised officer at all reasonable times. The records will be retained for at least 12 months.



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SM3 The Premises Licence Holder or nominated person shall ensure that a senior member of the

management team at the premises holds a National Certificate of Drugs Awareness qualification, run

by the BII or similar accredited body.

SM4 The Premises Licence Holder or nominated person shall deliver a structured training

programme at (regular intervals/annually/ _ monthly intervals) to all staff that deal with persons who are in the possession of / or incapacitated through the use of drugs or the combined effect of drugs

and alcohol.

SM5 The Premises Licence Holder or nominated person shall ensure that where door staff are used

to search patrons as a condition of entry, they will formulate the Drugs Policy in consultation with the

Police Licensing Team. The policy will include an agreed procedure for the handling and retention of

any article seized.

SM6 The Premises Licence Holder or nominated person shall ensure that where a drug safe is

available on the premises to deposit finds there will be a clear policy for the handling and packaging of

seized items.

Note: For premises with a suitable ‘Drug Safe’ the items secured within that safe are not considered

as being in their possession.

SM7 The Premises Licence Holder or nominated person shall ensure that a clearly visible notice is

displayed advising those attending, that the Police will be informed if anyone is found in possession of

controlled substances or weapons.

SM8 The Premises Licence Holder or nominated person shall ensure that security arrangements

are in place where toilet areas and other similar areas are regularly checked for evidence of drugs.

The date and times of all checks to be recorded in a bound book kept for that purpose and be

available on request from an authorised officer of the Licensing Authority or a police constable.

Signage shall also be placed in the toilet areas advising patrons that checks are conducted regularly.

SM9 The Premises Licence Holder or nominated person shall ensure that rest facilities are provided

when required, to the satisfaction of the Licensing Authority, which are cooler, quieter and preferably

separate from the main dance area(s). These ‘chill out’ areas should offer adequate seating.

Radio Links

RL1 The premises shall be incorporated into Plymouth Clubwatch Radio or similar scheme

operating within the Plymouth City Council area.

RL2 The radio equipment shall be kept in working order at all times

RL3 The radio equipment shall be made available to and be monitored by the Designated Premises

Supervisor or a responsible member of staff at all times that the premises are open to the public.

RL4 Any Police instruction/direction received via the radio scheme shall be complied with

whenever given.

RL5 All instances of crime or disorder are reported via the radio equipment by the Designated

Premises Supervisor or a responsible member of staff to an agreed police contact point.

RL6 The Premises Licence Holder provide contact details for any security personnel employed at

the premises to an authorised officer of the Licensing Authority or a constable upon request.



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CONDITIONS RELATING TO THE PREVENTION OF PUBLIC NUISANCE

Table of Contents

1. Noise Precautions

2. Management and Monitoring Controls

3. Noise Limiting Devices

4. Noise Containment

5. Sound Insulation

6. External Area Controls

7. Delivery/Storage/Collection

8. Taxi Provision

9. Litter

10. Late Night Refreshment/Take-aways/Restaurants/Food Provision

11. One-Off Events

12. Light Pollution

Noise Precautions

NP1 The performance of live entertainment will be limited to a maximum duration of (insert) hours

inclusive of any breaks.

NP2 The Premises Licence Holder or nominated person shall ensure that during the final hour of

trading appropriate announcements are made or images are projected to remind patrons of the need

to leave the premises quietly without causing annoyance, nuisance or disturbance to local residents

and to advise patrons of any taxi free-phone or collection arrangements available upon the premises.

NP3 The entrance(s) is fitted with an acoustically installed lobby and the doors with automatic

door-closers that are maintained in good working order.

NP4 The performance of live entertainment will be limited to (one /two) session(s) per week.

NP5 The Premises Licence Holder shall nominate a senior member of staff as the person

responsible for the management, supervision, compliance with licensing conditions and general control

of regulated entertainment. This person will also be responsible for instructing performers on the

restrictions and controls to be applied.

NP6 No speakers for amplification of music shall be placed on the outside of the premises or on

the outside of any building forming a part of the premises.

NP7 No music or speech shall be relayed via external speakers other than for events where the

prior approval of the licensing authority has been obtained.

NP8 Pneumatic tyres (or equivalent) must be fitted to any moving work equipment to be used

outside. (e.g. Bins, trolleys, roll cages etc)

NP9 Any moveable furniture will be fitted with rubber (or equivalent) feet.

Management and Monitoring Controls

MMC1 The Premises Licence Holder or nominated person will assess the impact of any noisy

activities on neighbouring premises at the start of regulated entertainment and periodically

throughout regulated entertainment and take action to reduce noise levels if they are found to be

heard above background levels at the nearest residential property.

MMC2 The Premises Licence Holder or nominated person shall ensure that suitable signage is

positioned at exits to request the co-operation of patrons, in particular to make as little noise as

possible when leaving the premises. Patrons will be asked not to stand around talking in the street

outside the premises or any car park; and asked to leave the vicinity quickly and quietly.

MMC3 The Premises Licence Holder or nominated person shall ensure that announcements are made

(in a responsible manner) prior to closing requesting patron’s co-operation in leaving the premises

and vicinity as quickly and as quietly as possible.



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MMC4 The Premises Licence Holder or nominated person shall ensure that exits are manned at

closing time to ensure that patrons leave the area quickly and as quietly as possible.

MMC5 The Premises Licence Holder or nominated person shall ensure sufficient door staff are

positioned at the exits from the premises to remind departing patrons of the need to avoid causing

nuisance or disturbance to local residents.

MMC6 The Premises Licence Holder or nominated person provides unhindered use of a telephone on

the premises for use in an emergency, while licensable activity entertainment is taking place. In

premises that do not have the benefit of a permanent phone installation then a mobile phone must be

available.

MMC7 The Premises Licence Holder or nominated person shall ensure a telephone number is made

available and displayed in prominent locations in (insert location) for local residents to contact in the

case of noise-nuisance or anti-social behaviour by persons or activities associated with the premises.

The telephone number will be a direct number to the management who are in control during opening

hours. A record will be kept by management of all calls received, including the time, date and

information of the caller, including action taken following the call. Records will be made available for

inspection either by any relevant responsible authority throughout the trading hours of the premises.

MMC8 The Premises Licence Holder or nominated person shall be available at all times during

regulated entertainment and who is responsible for cooperating and liaising with any relevant

responsible authority.

MMC9 The Premises Licence Holder or nominated person shall carry out observations in the vicinity

of the properties at (insert location), on at least (insert time period e.g. hourly) intervals between (insert

start time) and (insert finish time) whilst the Premises Licence is being exercised in order to establish

whether there is noise breakout from the premises. If the observation reveals noise breakout at a

level likely to cause disturbance to the occupants of properties in the vicinity then the volume of

music shall be reduced to a level that does not cause disturbance. A record of such observations shall

be kept in a log for that purpose, such a log shall be completed immediately after the observation

detailing the time, location and duration of the observation, the level of noise breakout and any action

taken to reduce noise breakout. Such log must be made available at all times upon request to any

relevant responsible authority

MMC10 The Premises Licence Holder or nominated person shall carry out observations in the vicinity

of the properties at [insert], on at least (insert) intervals between (insert) and (insert) whilst live music,

karaoke or DJ’s playing recorded music is taking place to establish whether there is a noise breakout

from the premises.

(i) If the observation reveals noise breakout at a level likely to cause disturbance to the occupants

of properties in the vicinity then the volume of music shall be reduced to a level that does not cause disturbance.

(ii) A record of such observations shall be kept in a log for that purpose, such a log shall be

completed immediately after the observation detailing the time, location and duration of the

observation, the level of noise break out and any action taken to reduce noise breakout.

(iii) Such records must to be made available at all times upon request to a police officer or an

officer of the local authority.

MMC11 Noise from the premises shall not exceed the following noise levels expressed as [x minute

LAeq] at [stated location];

Frequency Range From (a) hours to

(b) hours

From (y) hours to

(z) hours

[Whole range] x dB(A) y dB(A)



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[63Hz octave band] x dB(A) y dB(A)

[125 Hz octave

band]

x dB(A) y dB(A)

MMC12 After 02.00hrs until closing provision shall be made for total sound containment within the

premises.

Noise Limiting Devices

NL1 A noise limiting device (the specification and design to be agreed with Plymouth City Council’s

Environmental Health Service) shall be fitted so that all live and recorded music is channelled through

the device(s). The maximum noise levels will be set by agreement with the Plymouth City Council’s

Environmental Health Service and will be reviewed from time to time as appropriate.

NL2 The noise limiting device must be fully functional and in proper working order at all times

during performances of live and recorded music.

NL3 If the noise limiting device breaks down the Premises Licence Holder shall ensure that the

Designated Premises Supervisor, or other responsible person verbally informs the Environmental

Health Service as soon as reasonably practicable. Equipment failures shall be repaired or replaced as

soon as is reasonably practicable and without undue delay.

NL4 No performances of live and recorded music can proceed without the noise limiting device in

proper working order.

NL5 All amplified sound sources (including live performances) from the premises will go through a noise limiting device.

NL6 The Premises Licence Holder or nominated person shall control the sound levels of the

music/entertainment.

NL7 The Premises Licence Holder or nominated person shall ensure that the noise limiting device

is sealed after commissioning, so that sound operators cannot override the system during the

performance of live and recorded music.

NL8 A noise limiting device shall be used in relation to all sound amplification equipment used in

conjunction with the premises licence.

(i) The noise limiting device shall be kept at the settings approved by the Council through an

authorised officer of the Plymouth City Council’s Environmental Health Service on (Date).

(ii) The noise limiting device shall be properly secured so that it cannot be tampered with.

(iii) The noise limiting device shall only be reset with the authority of the Council through an

authorised officer of the Plymouth City Council’s Environmental Health Service

(iv) If deemed necessary, the noise limiting device shall be reset to a level approved by the Council

through an authorised officer of the Plymouth City Council’s Environmental Health Service within

(insert) days of notification.

Noise containment

NC1 Between (xx.xx hrs and closing) (enter hours as appropriate), to prevent entertainment being

intrusive, noise emanating from the premises, so far as it is reasonably practical, will not be

distinguishable above other background noise one metre from the façade of the nearest residential

property.

NC2 To prevent entertainment being intrusive, noise emanating from the premises, so far as it is

reasonably practical, will not be distinguishable above other background noise one metre from the

façade of the nearest residential property



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NC3 Noise from the licensed premises should not be audible outside the premises, so far as it is

reasonably practical, at any time.

NC4 To prevent entertainment being intrusive, noise emanating from the premises, so far as it is

reasonably practical, will not be audible above other background noise one metre from the façade of

the nearest residential property

Distinguishable

Advisory - Noise emanating from any premises should not be detectable and should not be a

noteworthy feature above background noise levels at any point. This is the ability to identify a sound

not characteristic of the environment (such as traffic noise or church bells), but would be low enough

that you cannot discern the location of that noise source.

Background noise

Advisory - Background or incidental music that is ancillary to the main use of the premises is not a

licensable activity. It should be low level and incidental to patrons use and enjoyment of premises.

Consider the following factors: 1) Is the music the main, or one of the main reasons for people

attending the premises? 2) Is the music event advertised? 3) Does the volume of the music disrupt or

predominate over other activities? 4) Do you charge for admission? Please Note that the number of

musicians etc. is normally considered as relevant when considering this definition.

Audible

Advisory - Audible relates to the ability of a reasonable person to identify noise. This is any noise that

can be heard by a human without the need for equipment to enhance or detect that noise which lies

outside of the normal spectrum of human audibility.

Sound Insulation

SI1 All doors and windows shall be kept shut during regulated entertainment.

SI2 All doors and windows shall be maintained in good order and where appropriate acoustically

sealed to minimize noise breakout.

SI3 Staff shall check prior to the commencement of regulated entertainment, and periodically

during regulated entertainment that all windows and doors are shut.

SI4 The exit door(s) shall be fitted with a suitably constructed lobby to minimize noise break out

from the premises.

SI5 The entrance(s) is fitted with an acoustically installed lobby and the doors with automatic

door-closers that are maintained in good working order.

SI6 The Premises Licence Holder or nominated person shall ensure that self-closing doors are not

wedged open during regulated entertainment.

SI7 (Removed)

SI8 The windows and other exit doors shall be acoustically glazed or suitably insulated to minimize noise breakout from the premises. (Details of any such works will be specified to the Environmental

Health Department.)

SI9 All internal speakers shall be attached to independent wall linings and not to the ceiling.

SI10 All speakers shall be mounted on speaker brackets that incorporate isolating rubber mounts.

SI11 Between (insert) hours and (insert) hours - Noise emanating from the premises shall not be

heard above background levels 1 metre from the facade of the nearest residential property.

SI12 A detailed scheme of sound insulation works shall be submitted to and approved in writing by

the Licensing Authority. The approved details shall be implemented in full prior to the

commencement of the premises licence.



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SI13 A report shall be submitted detailing and recommending a scheme of sound insulation works

for the separating structure between the licensed premises and the (adjacent) residential use (above).

The report shall consider: the potential for noise breakout from the building and the volume and

nature of the music likely to be desired by the premises. The report shall be approved in writing by

Plymouth City Council’s Environmental Health Department. All recommended works shall be completed prior to the commencement of the premises licence.

SI14 A report shall be submitted detailing the potential for noise from (specify) (amplified music)

(refrigeration) (heating) (ventilation) (air conditioning plant) (other) at the premises from affecting

neighbouring noise sensitive properties at (insert address). If the assessment indicates that noise from

the premises is likely to affect neighbouring noise sensitive properties then the report shall include a

detailed scheme of noise mitigation measures.

External Area Controls

EAC1 The Premises Licence Holder or nominated person shall erect and maintain suitable and

sufficient conspicuous signage at the entrance to the premises advising patrons that causing any

disturbance or disorder in a queue will result in admission being refused.

EAC2 The Premises Licence Holder or nominated person shall arrange supervision of any queue

which may form to gain entry to the premises.

EAC3 The Premises Licence Holder or nominated person shall erect and maintain, in a prominent

position at every exit a clear, conspicuous and legible notice requesting patrons to avoid causing

noise, nuisance or disturbance to local residents.

EAC4 The designated smoking area shall be for ‘smoking only’ and the premises licence holder or

nominated person will take reasonable steps to prevent the consumption of any drinks in this area.

EAC5 The Premises Licence Holder or nominated person shall control levels of noise in the outside

area and advise customers of the need to respect local residents where appropriate. Any patrons

continuing to cause any disturbance or disorder will be asked to leave the premises.

EAC6 A designated, de-lineated and bordered smoking area will be allocated outside the premises.

EAC7 Suitable receptacles will be provided for cigarette litter within the designated smoking area.

EAC8 There shall be no consumption of beverages purchased from the premises in the designated

smoking area.

EAC9 There shall be no consumption of beverages purchased from the premises outside the

premises.

EAC10 There shall be no consumption of beverages outside the premises after (Insert) hours.

EAC11 Any outdoor areas to (the front/rear of) the premises must not be used by customers or staff

after (insert) hours.

EAC12 The (insert name of area i.e. beer garden, upper patio, etc) shall only be open to customers (Insert

days) from (insert commencement time) until (insert end time) Notices shall be displayed in appropriate

locations to ensure that this information is brought to the attention of patrons.

EAC13 All outside areas must be closed and cleared of customers by (insert) hours. Adequate notices

shall be displayed to inform patrons of this requirement.

EAC14 If patrons are to be allowed to use the area for smoking then the following conditions must

apply:

(i) The area must be adequately monitored by door staff and CCTV to ensure that patrons do

not cause a nuisance, patrons do not obstruct access to adjoining premises and risk of crime and

disorder in this area is controlled.

(ii) Patrons must not be allowed to take drinks to the smoking area.



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(iii) The area must be provided with suitable ashtrays/bins, the use of which is monitored by door

staff.

(iv) The area must be regularly swept to remove cigarette ends

(v) Arrangements must be made to prevent overcrowding or disorder on the (insert location),

particularly if patrons exiting towards the smoking area whilst others are queuing for entrance in/on the (insert location).

EAC15 The smoking area shall be permanently monitored by SIA door staff during opening hours.

The amount of patrons in this area will not exceed (insert occupancy number) persons; and shall be

monitored with (insert method of monitoring occupancy number) from a position (insert positions from

which monitoring is to take place).

EAC16 The following conditions will apply to the management of smoking areas within curtilage of

premises;

(i) A safety netting, mesh or screen (of a gauge that satisfies the enclosed space requirements as

specified within the smoking legislation), shall be fitted and maintained in order to prevent objects

being passed from the outside into the smoking area.

(ii) Intoxicating liquor shall not be permitted into the access walkways leading to and within the

smoking area.

(iii) Any bottle or bin stores located near an external smoking facility shall be enclosed and

secured.

(iv) There shall be no furniture in the outside areas, with the exception of the appropriate wall

mounted receptacles for tobacco waste materials.

(v) Calculations regarding the smoking area shall be available for inspection by an authorised

officer.

(vi) The smoking area shall be thoroughly cleaned, provided with adequate lighting and painted so

as to clearly designate this area as the smoking area.

(vii) The floor of the smoking area shall be level.

(viii) An adequate number of wall-mounted ashtrays shall be provided in the smoking area.

(ix) Staff shall be instructed to clean the smoking area and adjacent pavements of smoking-related

litter before and after each period of use.

EAC17 The Premises Licence Holder or nominated person shall ensure that suitable ash trays or

similar vessels are available for smoking litter.

EAC18 After (Insert) hours no drinks are to be taken outside to the outside area and no consumption

of drinks to occur after (Insert) hours.

EAC19 A sign is to be placed in the outside rear area specifying that no drinks are to be taken into

this area after (Insert) hours.

EAC20 After (Insert) hours noise levels in outside areas are to be monitored and controlled to

minimise any potential impact on local residents.

EAC21 After (Insert) hours a door supervisor is to be permanently placed in the rear area to monitor

customers and prevent noise disturbance.

EAC22 After (Insert) hours the capacity in the outside rear area is limited to (Insert) persons.

EAC23 The Premises Licence Holder or nominated person shall ensure that the smoking area is

regularly cleaned to ensure that all discarded smoking litter is removed and properly disposed.

EAC24 The outside seating area would be limited to a maximum of (Insert) persons at any one time.



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Delivery/Collection/Storage

DCS1 The handling of kegs, bottles cleaning equipment, bottle disposal and similar items shall not

take place before (Insert) hours or after ((Insert) hours when the noise generated could cause a

nuisance particularly outside the buildings.

DCS2 The delivery of goods is restricted to between the hours of (Insert) hours and (Insert) hours.

Taxi Provision

TP1 A specific taxi operator has been nominated for staff and customers use. The company's

telephone number is advertised to customers. The operator and all drivers are aware that they should

arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or

leave engines idling unnecessarily. In addition, staff will leave as quietly as possible, particularly at night

and early in the morning.

Litter

LIT1 All the rubbish produced by the premises shall be stored securely in a designated area or in a

bin with a tight fitting and lockable lid.

LIT2 The ‘collection and removal of litter’ shall be taken to include the satisfactory disposal of

spilled food and similar materials so as to leave the footway in a clean, safe and wholesome condition.

Late Night Refreshments/Take-aways/Restaurants/Food Provision

LNR1 The premises shall only operate as a restaurant where;

(i) Customers are shown to their table.

(ii) Substantial table meals are prepared on the premises and are served and consumed at the

table using non-disposable crockery.

(iii) No take-away service of food or drink for immediate consumption is provided.

(iv) Intoxicating liquor is only sold, supplied or consumed on the premises to persons who are

bona fide customers supplied with substantial table meals.

LNR2 Waiter/Waitress service shall be available throughout the premises at all times.

LNR3 Substantial food shall be available at all times (Subject to a permitted wind-down period prior

to closing).

LNR4 Consumption of alcohol in the bar area is restricted to customers waiting to be escorted to a

table.

LNR5 Numbers of patrons drinking in the bar area (not awaiting tables) shall not exceed (Insert)

persons.

LNR6 Alcohol shall only be sold or supplied to customers who are engaging in a sit down table meal,

as an ancillary to that meal.

LNR7 The licence holder shall ensure that sufficient measures are in place to remove litter or waste arising from their customers and to prevent such litter from accumulating in the immediate vicinity of

their premises. Where necessary, the premises licence holder shall ensure that adequate measures

are in place to provide customers with sufficient receptacles for the depositing of waste materials

such as food wrappings, drinks containers, smoking related litter etc.

LNR8 The premises licence holder shall ensure that a sufficient number of suitable receptacles are

located in appropriate locations for the depositing of waste materials such as food wrappings, drinks

containers, smoking related litter, etc. by customers.

LNR9 The Premises Licence Holder, Designated Premises Supervisor or nominated person, shall

ensure that measures shall be put in place to remove litter or waste arising from customers and to



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prevent such litter from accumulating in the immediate vicinity of the premises or neighbouring

premises.

LNR10 The premises licence holder shall ensure that all packaging provided with takeaway food is

marked in some way as to show its point of origin.

LNR11 Where a mobile unit is regularly removed from site, the premises licence holder shall ensure that site is properly cleaned and that any accumulations of surface grease are properly cleansed and

removed from the site.

One-off Events

OFF1 The Organiser shall appoint a suitably qualified and experienced noise control consultant

approved by the Council through an authorised officer of the Public Protection Service no later than

(Insert) weeks prior to the event. The noise control consultant shall liaise between all parties including

the promoter and sound engineer and the licensing authority etc on all matters relating to noise

control prior to and during the event. The consultant must be experienced in noise propagation and

control, particularly from music events.

OFF2 The control limits set at the mixer position shall be adequate to ensure that Music Noise Level

(MNL) shall not exceed LAeq (15 mins) of (insert) over a 15 minute period at the nearest noise

sensitive premises throughout the duration of the event.

OFF2a A noise propagation test shall be undertaken at a time to be agreed prior to the start of the

event in order to set appropriate control limits at the sound mixer position. The sound system shall

be configured and operated in a similar manner as intended for the event.

OFF3 The organiser shall ensure that the promoter, sound supplier and all individual sound

engineers are informed of the sound control limits.

OFF4 A logging noise level meter shall remain at the mixing desk so that the noise consultant and

sound engineers can ensure that the predetermined noise levels are not exceeded. The results of the

monitoring shall be provided to the licensing authority within 10 working days following the event.

OFF5 During the events the noise consultant shall monitor noise levels at (insert) and at any other

sites deemed necessary by the Council during the event.

OFF6 The consultant shall be able to contact the mixer desk and advise the sound engineer

accordingly to ensure that the licensing authority can contact the consultant and sound engineer

throughout the events and during the sound checks. The results of the monitoring shall be provided

to the licensing authority within 10 working days following the event.

OFF7 The exact times of all sound checks and performances shall be submitted to, and approved by

the licensing authority no later than 10 working days before the events. In order to prevent

disturbance to the occupiers of (insert) no sound checks shall be carried out before (insert) hours

OFF8 Details of the time, date and duration of set up and dismantling of the stage and other associated noise generating activities (refuse disposal, provision and emptying of toilets, generators

etc) outside the times of the performances shall be submitted to, and approved by the Licensing

Authority no later than 10 working days before the events.

OFF9 All local residents likely to be affected by noise from the event shall be informed in writing as

to:

(i) The exact times of all performances and sound checks.

(ii) A contact name and telephone number should they wish to make a complaint of noise.

OFF10 The occupiers of premises, detailed below, shall be informed in writing, no later than 10 days

before the event of the exact times that the event will operate and a contact name and telephone

number should they wish to make a complaint of noise. (insert addresses)



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OFF11 Whilst the event is being held, the licensee, event organiser or other competent person shall

carry out observations in the immediate area around the event, to assess the level of noise. Should

such observations confirm that noise is disturbing to the occupiers of premises in the vicinity, then

appropriate steps shall be taken to control noise levels in order to prevent disturbance to local

residents.

OFF12 Orientation of speakers will be positioned so that all sound is directed away from residential

properties and towards (insert).

OFF13 Stage construction/removal or any similar construction activities shall not be permitted

between the hours of 10:00 and 08:00.

Light Pollution

LP1 The use of lighting in gardens and external areas shall cease at (Insert) hours except for health

and safety or security reasons.

LP2 The windows and other glazed area shall be fitted with heavy duty curtains or similar to

prevent light breakout from strobe or other flashing lights equipment.

CONDITIONS RELATING TO PUBLIC SAFETY

Table of Contents

1. Occupancy/Capacity Limits

2. Sanitary Facilities

Occupancy/Capacity Limits

OCC1 The maximum number of persons (including staff and entertainers) allowed at the premises

shall not exceed [number]

OCC2 The maximum number of persons (including staff and entertainers) allowed at the premises

shall not exceed [number], subject to the following maximum occupancies:

For example

[First Floor] [number] persons

[Ground Floor] [number] persons

[Basement] [number] persons

OCC3 Seating for no less than [number] persons shall be provided in the premises at all times the

premises are in operation.

OCC4 Seating for no less than (insert) % of the maximum occupancy shall be provided in the premises

at all times the premises are in operation.

OCC5 The Premises Licence Holder or nominated person shall ensure that the accommodation

limit(s) specified on the licence is not exceeded and shall be aware of the number of the people on

the premises at all reasonable times. This information shall be immediately available on the request of

any responsible authority.

OCC6 The Premises licence holder or nominated person shall take steps to ensure that they have a

suitable system in place that accurately indicates the number of customers (including staff and

entertainers) on the premises at any time.

OCC7 Adequate procedures must be implemented to ensure overcrowding (such as that which may

cause injury through crushing) does not occur in any part of the premises.

OCC8 Manual and automatic electronic number control systems shall be installed, used and

maintained at the premises at all times the premises is open to the public.



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Sanitary Facilities

SF1 Adequate sanitary accommodation shall be provided at the premises in accordance with BS

6465-1:2006+A1:2009 Sanitary installations - Code of practice for the design of sanitary facilities and scales

of provision of sanitary and associated appliances standard for sanitary provisions or any British Standard

replacing or amending the same.

SF2 In respect of temporary sanitary facilities the premises licence holder shall ensure that the

servicing of sanitary accommodation takes place on a continuous basis throughout the event to

ensure the sanitary accommodation is kept in a usable condition at all times when the public require it

to be available.

SF3 In respect of temporary sanitary facilities the premises licence holder shall ensure that the

removal of sewage takes place hygienically and appropriately at the conclusion of the event or as

required.

Lighting

L21 Management lighting - In the absence of adequate daylight artificial lighting in any area

accessible to the public shall be fully operational whilst the public are present.

Air Conditioning

AC22 A suitable and sufficient air circulation and management system must be installed within the

premises which will be used during regulated entertainment. (The purpose of this condition is to

maintain a reasonable internal air temperature so as to avoid patrons or staff opening windows and

doors to ventilate the premises. Additional conditions are in place to prevent the opening of windows

and doors to minimise noise breakout).

CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM

HARM

Proof of Age Scheme

POA1 The Premises Licence Holder or Designated Premises Supervisor shall ensure that all bar staff,

supervisors and managers are trained in the legality and procedure of alcohol sales, using the

SWERCOTS on-line training pack or equivalent, prior to undertaking the sale of alcohol and then at

least every six months. Training shall be signed and documented and training records will be kept on

the premises and be made available to an enforcement officer on request. The documentation relating

to training should extend back to a period of three years and should specify the time, date and details

of the persons both providing the training and receiving the training.

POA2 The Premises Licence Holder or Designated Premises Supervisor shall ensure a sales refusal register is maintained to include details of all alcohol sales refused and the reason for refusal. The

refusals register should be made available to an authorized enforcement officer on request.

POA3 Unaccompanied children (under 18) will not be allowed upon the premises.

POA4 Accompanied children (under 18) will only be allowed to remain on the premises between the

hours of ##.## hrs and ##.## hrs

POA5 A till prompt system shall be installed to assist staff by reminding them to challenge for ID

when a sale is made.

POA6 The Premises Licence Holder or Designated Premises Supervisor shall have a written age

verification policy in relation to the sale or supply of alcohol. This policy will include documented

steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18s and will

specify a Challenge 21 / 25 (delete as appropriate) proof of age requirement before sales of alcohol

are made as approved by the Plymouth City Council Trading Standards responsible authority.



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POA7 The Licence Holder or Designated Premises Supervisor shall ensure that new bar staff,

supervisors and managers receive induction in the legality and procedure of alcohol sales, prior to

undertaking the sale of alcohol. Training shall be signed and documented and training records be

made available to an enforcement officer on request.

Responsible Authorities Contacts List

Applicants are required to submit the original licensing application to the licensing authority and send

a full copy of the application (including plans) to each of the following responsible authorities

numbered 1 to 8.

Where an application, or any part of it, is submitted in writing it is the responsibility of the applicant

to ensure that a full copy of the application (including plans) has been sent to each of the following

responsible authorities numbered 1 to 8. Where an application (for a premises licence, club premises

certificate (or variations to the same) or provisional statements or Temporary Event Notice) has

been submitted electronically copies of the application will be forwarded to the relevant responsible

authorities by the Licensing Authority.

Licensing Authority

Plymouth City Council Licensing Team,

Public Protection Service,

Licensing Team,

Plymouth,

PL6 5UF

Tel: 01752 304141

Email: [email protected]

Responsible Authorities – contacts (Non emergency calls only)

(1) Child Protection

Child Protection Team, Plymouth City Council, Midland House, Notte Street, Plymouth.

PL1 2EJ

Tel: 01752 306340


(2) Devon & Cornwall Police

Licensing Department, Launceston Police Station, Moorland Road, Launceston, Cornwall.

PL15 7HY.

Tel: 01566 770500 Email: [email protected]

(3) Devon & Somerset Fire & Rescue Service

West Devon Headquarters, Glen Road, Plympton, Plymouth, PL7 3XT.

Tel: 01752 333600


(4) Environmental Health Authority

Plymouth City Council, Public Protection Service, Windsor House, Plymouth, PL6 5UF

Tel: 01752 304147

E-mail: [email protected]

(5) Trading Standards Authority

Plymouth City Council, Public Protection Service, Windsor House, Plymouth, PL6 5UF

Tel: 01752 304147

mailto:[email protected]







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(6) Health & Safety Executive

North Quay House, Sutton Harbour, Plymouth. PL4 0RA.

Fax: 01752 226024

(7) Planning Authority

Development Consents Manager, Plymouth City Council, Level 2 West Wing, Ballard House

Tel: 01752 304471


(8) Health Authority

Senior Public Health Commissioning and Policy Manager, Office of the Director of Public

Health, Plymouth City Council, Windsor House, Plymouth. PL6 5UF

Tel: 01752 398616


(9) Maritime & Coastguard Agency (where applicable)

Plymouth Marine Office, Suite 5, Endeavour House, Oceansgate, Vivid Approach, Plymouth.

PL1 4RW

Tel: 020 390 85245


In relation to vessels responsible authorities also include navigation authorities within the meaning of

S. 221(1) of the Water Resources Act 1991 that have statutory functions in relation to the waters

where the vessel is usually moored or berthed or any waters where it is proposed to be navigated

when being used for licensable activities

Environment Agency

British Waterways Board

Secretary of State (for Transport) (who in practice acts through the Maritime and Coastguard

Agency)





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