ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
STANDARD PRE-EXISTING CONDITIONS APPLICABLE TO ‘THEATRE AND CINEMA LICENCES’
1. In these conditions the following terms have the following meanings assigned to them:
“the Licensing Authority” means the Scarborough Borough Council.
“the Police Authority” means the North Yorkshire Police Authority.
“the Fire Authority” means the North Yorkshire Fire and Rescue Service.
“the Conditions” means these conditions and any special conditions attached to the Licence
“the Licence” means the licence granted by the Licensing Authority.
“the Licensee” means the person or persons to whom the Licence has been granted, by the Licensing Authority.
“Responsible Person” means a person nominated by the Licensee in accordance with Condition 7 and excludes a person who has an unspent conviction for an offence involving violence, burglary, theft, fraud, deception, manufacture or supply of a controlled substance, or road traffic offence which incurred a prison sentence.
“the Premises” means the premises to which the Licence relates.
“Authorised Officer” means an officer authorised by the Licensing Authority or by the Fire Authority or a Police Officer.
“Prescribed Form” means a form issued by the Licensing Authority.
“Relevant Standard” means any relevant British or European Standard or regulation currently in force.
“Disabled People” means people who have an impairment which limits their ability to walk or which requires them to use a wheelchair for mobility; or impaired hearing or sight.
2. Any consent or approval required in the Conditions shall not be valid unless given in writing by the Licensing Authority.
3. At least TWENTY ONE DAYS’ NOTICE in writing shall be given to the Licensing Authority prior to
(a) the presentation of any stage performance in premises where there is no permanent stage; or
(b) any entertainment or performance involving special risks or danger to the public including real flame, pyrotechnics, explosives; highly flammable substances or laser display equipment unless the Licensing Authority gave consent for their use when the Licence was granted or renewed; or
(c) any entertainment or performance specifically designed for children wholly or mainly under the age of 16 years
COPY OF LICENCE
4. A copy of the Licence and the Conditions shall be kept on the Premises and shall be available for inspection by any Authorised Officer at any reasonable time.
CONTROL OF PREMISES
5. The Licensee shall comply with the Conditions and shall take all necessary precautions to ensure the safety of the public, performers and employees.
6. The Licensee may nominate one or more Responsible Persons, at least 21 years of age, to act on his or her behalf in his or her absence. The names and addresses of the Responsible Persons shall, on nomination, be notified in writing to the Licensing Authority. The Licensee and Responsible Persons shall be jointly and severally responsible for complying with the Conditions.
7. Except with the approval of the Licensing Authority, the Licensee shall retain control over all parts of the Premises.
8. The Licensee shall comply with any general safety measures or fire preventative measures required by the Licensing Authority or the Fire Authority or the Police Authority.
9. The person in charge during any entertainment or performance, including any hirer, shall not be engaged in any duties, which will prevent general supervision and shall be available to respond immediately to any emergency.
10. When the Premises are let for any entertainment or performance or exhibition, the Licensee shall ensure that
(a) the hirer is age 21 or over; and
(b) the Licensee or Responsible Person are available on the Premises to ensure compliance with the Conditions.
11. No person shall give at the Premises (other than as provided by the Hypnotism Act 1952, Section 5) 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.
12. No entertainment or performance or exhibition which is of an obscene or disorderly character, or is in any way offensive to public decency shall be given at the Premises.
13. (a) Before the admission of the Public to any entertainment or performance or exhibition, a thorough safety inspection of the Premises shall be undertaken in order to ensure that the Premises are safe for the use intended and that the Conditions are complied with.
(b) The public shall not be admitted to the Premises if the Premises are not safe for the use intended.
14. The Premises shall be provided with suitable means of giving warning in the event of a fire or other emergency which shall be clearly audible in all parts of the Premises. Where the public address system is used for this purpose, it shall be capable of overriding the entertainment or performance or exhibition in progress.
15. The method of giving warning in case of fire shall be tested regularly, at least once a month. Where an electrical fire alarm is provided it shall be tested weekly.
Calling the Emergency Services
16. A telephone must always be readily available while the Premises are in use. Notices shall be provided indicating the position of the nearest telephone. Instructions for calling the emergency services shall be posted at each telephone within the Premises.
17. The Fire Authority must be called immediately any outbreak of fire is discovered or if fire is suspected.
Accidents and Incidents
18. In the event of any incident within the Premises causing injury to a person or damage likely to affect the structural integrity of the Premises, a report of the incident shall be recorded and the details submitted to the Licensing Authority as soon as practicable, but in any case, within 48 hours. (This requirement is without prejudice to the duties imposed by Regulations made under the Health and Safety at Work etc. Act 1974, relating to the reporting of accidents).
19. At least one first aid box adequately stocked, to the approval of the Licensing Authority, shall always be available when the public are present. (This requirement is without prejudice to the duties imposed by Regulations made under the Health and Safety at Work etc. Act 1974, relating to first aid).
20. Printed notices stating the action to be taken in the event of fire or other emergency shall be displayed in suitable and conspicuous positions throughout the Premises.
21. The number of persons on the Premises or any part thereof shall not exceed the number specified in the Licence. Without prejudice to the foregoing overcrowding in such a manner as to endanger the safety of the public shall not be permitted in any part of the Premises. If required by the Licensing Authority there shall be a means of accurately registering the number of persons on the Premises, available for inspection by any Authorised Officer, for example entry by numbered tickets or by a counting device.
22. Except with the express consent of the Licensing Authority and subject to any conditions which may be attached to such consent:
(a) real flame, pyrotechnics explosives or highly flammable substances shall not be brought to or used at the Premises;
(b) laser equipment shall not be used at the Premises.
23. Smoke generators, that is machines used to emit simulated “smoke”, shall not be used in basement Premises of less than 200 square metres area. In other Premises use shall not affect measures for escape in the case of fire or other emergency.
24. Stroboscopic lighting (strobes) shall operate on a fixed rate of not more than 8 flashes per second and flashes shall be synchronised where more than one strobe is in use.
25. Any entertainment or performance shall cease and the public be instructed to leave the Premises in the case of:
(a) a suspected leakage of inflammable gas;
(b) a failure of the normal lighting system;
(c) a failure of the emergency lighting system;
(d) an outbreak of fire or similar emergency;
(e) a significant structural failure.
26. Adequate dressing room accommodation shall be provided for all performers. Temporary dressing rooms or quick change rooms shall not be provided except with the approval of the Licensing Authority.
Noise and Disturbance
27. Without prejudice to any special conditions regarding noise, noise shall not be emitted from the Premises such as to cause persons in the neighbourhood to be unreasonably disturbed.
28. All reasonable steps shall be taken to ensure that persons, on or leaving the Premises, and using adjacent car parks and highways, conduct themselves in an orderly manner and do not cause annoyance to persons in the neighbourhood.
MEANS OF ESCAPE FROM THE PREMISES
29. All exit doors shall be kept unlocked, unobscured and available for exit during the whole time that the public are on the Premises and the public shall be permitted to leave by all doors marked “EXIT” after each performance.
30. All doors used for means of escape shall be kept unlocked and unfastened so that they can be easily and immediately opened by persons leaving the Premises and shall be maintained to open in the line of exit.
31. All corridors passageways staircases and other routes leading to fire exits shall be properly maintained and kept free from obstruction.
32. All doors which for structural reasons cannot be hung to open in the line of exit shall be locked with a removable key, in the fully open position, at all times when the public are on the Premises. During such times the key shall be removed and kept in accordance with Condition 38. Such doors shall be boldly marked “THIS DOOR TO BE SECURED OPEN WHEN PREMISES ARE OCCUPIED”.
33. When the public are on the Premises, any exit doors required to be secured shut, shall only be secured by panic bolts or latches. Such fastenings shall be of such pattern and maintained so that normal horizontal pressure on the push-bar will open the door. The words “PUSH BAR TO OPEN” shall be boldly marked adjacent to the push-bar.
34. All fastenings, other than panic bolts or latches, to be fitted on exit doors used by the public, shall only be of such pattern and in such positions as the Licensing Authority may approve.
35. All fastenings which cannot be released by applied pressure only (eg. flush bolts, barrel bolts and locks) on exit doors and gates shall be removed or rendered inoperative when the public are on the Premises.
36. Where chains or padlocks are used for securing exit doors when the public are not on the Premises, or where keys are used to lock doors in the open position when the public are on the Premises, a key board shall be provided in a position approved by the Licensing Authority. Before admission of the public, all such chains, padlocks and keys shall be hung on the key board, and shall remain on that board the whole time the public are on the Premises.
37. All staircases, gangways, passageways, corridors and lobbies used for the exit of the public or the performers shall be kept entirely free from any obstructions, storage or combustible materials.
38. All gangways, corridors, exits, ramps, steps and stairs shall be maintained with non-slip and even surfaces. The edges of all steps and treads of stairs shall be conspicuously marked, if so required by the Licensing Authority. Matting, carpets and other floor and stair coverings shall be thoroughly cleaned at frequent intervals and shall be secured and maintained so as not to be a source of danger.
Ramp of Stairways
39. Every ramp and every stairway for use by the public shall be provided with suitable handrails.
40. Temporary barriers other than rope barriers shall not be provided. Any rope barriers permitted shall be fitted with slip connections and shall be so arranged as not to trail on the floor when parted, and the fittings shall not project into the gangway or exit way.
41. Exit signs complying with the Relevant Standard shall be provided and maintained in position at all exit doors and openings and shall be clearly illuminated in a manner approved by the Licensing Authority. Signs shall be kept unobstructed so as to be clearly visible and the illumination to exit signs shall not, in any circumstances, be extinguished or dimmed while the public are on the Premises.
42. If the Premises are, or are likely, to be used with the normal mains lighting set at a reduced level, sustained/maintained illuminated exit signs complying with the Relevant Standard, shall be provided.
43. Any door or opening other than an exit, which leads to parts of the Premises to which the public have access is to have a conspicuous notice indicating the use of such parts. Any door not to be used by the public is to be similarly indicated or should be marked “NO THOROUGHFARE”. Notices bearing the words “No Exit” or “No Way Out” are prohibited.
44. Seating shall be so arranged as to allow free access to the gangways and exits.
Closely Seated Audiences
45. The Premises shall not be used for a closely seated audience except in accordance with seating plans previously approved by the Licensing Authority. A copy of the seating plans shall be kept readily available on the Premises and shall be shown to any Authorised Officer on request. Persons shall only be permitted to sit in seating as shown on the approved seating plan. Approved seating plans are not required where seating is provided for 100 people or less.
46. Where the Premises are used regularly for a closely seated audience, the seating shall be firmly fixed to the floor. This condition does not apply to seating in boxes accommodating 8 persons or less.
47. Where the Premises are used occasionally for a closely seated audience and where there are more than 250 temporary seats, the chairs or other seats should be secured together in lengths of not fewer than 4 seats and not more than 12. In addition, the rows of seating flanking the gangways should be fixed to the floor effectively preventing the individual seats or rows of seats from being dislodged into the gangways or from being toppled over.
48. There shall be an unobstructed seatway or space of at least 300mm measured between perpendiculars between the back of one seat and the foremost portion of the seat arm or frame behind.
49. Where the Premises are used for a closely seated audience, standing shall not be permitted in any part of the auditorium or hall or area of entertainment or in any gangway, passageway, corridor or on any staircase, except with the approval of the Licensing Authority and subject to any special conditions. If a standing area is authorised this shall be clearly marked out and there shall be a conspicuous notice indicating the number of people permitted to stand there.
50. Where tiered seating or standing areas are provided the back of the highest level and the sides shall be provided with an effective safety barrier to the satisfaction of the Licensing Authority.
51. Gangways at least 1.05 metres wide shall intersect seating so that no seat shall be more then 3.6 metres from a gangway measured along the line of seating, or such other distance the Licensing Authority may approve. Arrester rails shall be fitted at the foot of every gangway in circles, galleries and balconies. Front and rear gangways are to have a minimum width of 1.5 metres unless otherwise approved by the Licensing Authority.
52. Fire fighting equipment suitable to the fire risks of the Premises shall be provided, maintained and located as required by the Licensing Authority. The appliances shall be kept clearly marked to show their purpose and shall be kept readily available for use. Portable fire extinguishers shall be examined at least once annually and all extinguishers should be discharged at regular intervals in accordance with the Relevant Standard.
53. Fire extinguishers shall be kept hung on brackets with the carrying handle about 1m from the floor. Small extinguishers shall be mounted to position the handle about 1.5m from the floor. Fire blanket containers shall be positioned not less than 1.5m from floor level.
Scenery, Curtains, etc.
54. All scenery, decorations, curtains, drapes and similar hangings, or displays shall be rendered flame-retardant, preferably in process of manufacture, and shall be so maintained by periodic re-treatment as appropriate. Details of flame-retardant treatments and schedules of maintenance shall be recorded. Highly flammable materials shall not be used for the costumes of the performers.
55. Any curtains to doorways, or across corridors or gangways, where approved by the Licensing Authority, shall not conceal exit signs or notices. Such curtains shall be parted in the centre, hung so as to be readily drawn aside and not permitted to trail on the floor.
Fire Resisting Doors
56. All fire resisting doors shall be maintained in good condition, self-closing and not secured in the open position.
Refuse and Waste
57. Proper arrangements shall be made for the collection and disposal of refuse and no rubbish or waste material shall otherwise be stored or allowed to accumulate on any part of the Premises. Storage of necessary combustible materials to be used in connection with the entertainment or performance or exhibition shall be in such positions as may be approved by the Licensing Authority.
58. Smoking shall not be permitted in any stage area, wings and back stage, except so far as may be necessary in connection with the performance, nor in any rooms containing generating plant or main switchgear.
60. The use of portable heaters is not permitted.
61. If the Premises have a stage and a seating capacity in excess of 300 persons, the proscenium opening shall be provided with a suitable safety curtain to the approval of the Licensing Authority unless otherwise agreed. Other necessary openings in the proscenium walls shall have fire resisting and effective self-closing doors so that the auditorium may be separated from the stage.
62. The safety curtain to the proscenium opening shall be lowered and raised in the presence of each audience.
63. In the event of any defect in the safety curtain or its working mechanism, the Licensee shall immediately notify the Licensing Authority.
64. No apparatus or scenery or property shall be placed or protrude outside the safety curtain without the prior consent of the Licensing Authority.
65. If the Licensing Authority is satisfied that it is impracticable to provide a safety curtain, the Licensee shall take such other safety precautions as the Licensing Authority require.
66. If the Premises have a seating capacity of 300 persons or less, any stage shall be separated from the auditorium by the provision of such panels or curtains made from flame retardant materials as the Licensing Authority may require.
67. Two independent systems of lighting, described as NORMAL LIGHTING and EMERGENCY LIGHTING, shall be provided and properly maintained in all parts of the Premises to which the public have access, and may be required by the Licensing Authority to be provided immediately outside the Premises. Both systems of lighting shall be capable of providing sufficient illumination to allow persons to leave the Premises safely.
70. All parts of the Premises to which the public are admitted, and all passageways, courts, ramps and stairways to which the public have access and which lead from the auditorium or hall or area of entertainment to the outside of the Premises shall, in the absence of adequate daylight, be illuminated by normal electric lighting when the public are present. The minimum level of illumination of each enclosed area shall be sufficient to ensure that other parts of the area are always clearly visible. Corridors, passageways and stairways shall be evenly illuminated to a level not less than that required by the Relevant Standard.
71. The means by which the normal lighting is controlled:
(a) shall be so situated as to be easily accessible to those members of the staff who may be required to operate them;
(b) shall be so situated or concealed that members of the public are unlikely to interfere with them.
72. In addition to the normal lighting, emergency lighting designed in accordance with the Relevant Standard, to enable persons to see their way clear of the Premises to a place of safety without assistance from the normal lighting, shall be provided:
(a) in the auditorium or hall or area of entertainment and all other parts of the Premises to which the public have access;
(b) in all passageways, courts, ramps and stairways to which the public have access and which lead from the auditorium or hall or area of entertainment to the outside of the Premises and where necessary, covering all external routes to allow escape clear of the Premises;
(c) for the illumination of all notices indicating exits from any part of the Premises to which the public are admitted.
73. The emergency lighting system shall be tested at least monthly. In addition it shall be subject to a test discharge, for its normal rated discharge period, at least once in every six months. .
74. The emergency lighting shall be electrically powered and supplied from a source other than that which supplies the normal lighting. The means of control shall be situated in a place to which the public are not admitted.
Failure of Normal Lighting or Emergency Lighting
75. If there is a failure of either the normal lighting or the emergency lighting, the public shall, if the normal lighting is not restored within one hour, be instructed to leave the Premises at the end of that hour.
Stage Lighting and Spotlights
76. Stage lighting shall, where practicable, be supplied from a source other than the normal lighting, and in no case shall be connected to the emergency lighting system.
77. Any, non-permanently fixed, wall or ceiling mounted spotlights shall be provided with adequate secondary fixings such as chains or similarly.
78. All non-permanently fixed electrical cable shall be heavily and adequately insulated and protected. Metal clad switchgear, spot lamp frames, and similar shall be effectively earthed and each circuit appropriately fused.
Residential Current Device
79. All Premises with a single phase electrical installation shall have residual current device protection installed to all final subcircuits on any socket outlet ring main. Such residual current devices shall be designed to operate if the earth-leakage current exceeds 0.03 amps and shall have a maximum operating time of 30 milliseconds. A test button shall be incorporated in the system.
80. The permanent electrical installation shall be maintained to standards contained in the Regulations for Electrical Installations of the Institution of Electrical Engineers. Stage effects lighting and all electrical equipment and temporary wiring shall be to a similar standard. All temporary wiring shall be entirely removed as soon as it is no longer required.
81. All parts of the Premises shall be kept properly and adequately ventilated.
82. Suitable and sufficient sanitary conveniences shall be provided at the Premises. The sanitary accommodation shall at all times be kept in good order and repair and be properly and effectively cleansed, ventilated, and disinfected,. Separate sanitary conveniences shall be provided for each sex and the doors leading thereto shall be suitably marked.
83. Suitable and sufficient hand washing facilities shall be provided within the sanitary accommodation. A constant supply of hot and cold water, or water at a suitably controlled temperature, shall be available and soap and hand drying facilities provided.
84. Where practicable, and if required by the Licensing Authority, reasonable provision shall be made for disabled people to gain access to, use, and leave the Premises and to provide them with suitable sanitary conveniences and washing facilities.
85. Alterations or additions, whether permanent or temporary, to the structure, the means of escape, the lighting, heating or ventilating installations, or to the seating, gangways or other arrangements affecting safety at the Premises, shall not be made except with the PRIOR APPROVAL of the Licensing Authority. A copy of the plans of the proposed alterations or additions shall be deposited with the Licensing Authority at least 21 days prior to the application for approval.
(This condition is without prejudice to requirements under Planning, Building Control or Liquor Licensing legislation).
86. Whilst the public are on the Premises, no work in connection with any alterations, additions, repairs or redecorations shall be carried out, nor shall any scaffolding, cradles or plant be erected, installed or left in position without the prior consent of the Licensing Authority.
87. All parts of the Premises including fittings, apparatus, the seating, door fastenings and notices, shall be maintained in good order and condition. Soft furnishings (such as curtains, etc.) shall be made of fire retardant materials.
88. Adequate access shall be provided and maintained to the roof spaces above all parts of all suspended ceilings in the areas of the Premises to which the public have access, for the purposes of inspection and repair.
RIGHTS OF ENTRY
89. Any Authorised Officer shall have a right of entry and inspection to all parts of the Premises at all reasonable times, including all times when the Premises are open to the public for any entertainment or performance or exhibition.
90 . The Licensing Authority, if it considers it to be necessary, shall be at liberty during the currency of the Licence to vary one or more of the foregoing conditions and to impose additional conditions and without prejudice to the generality of the foregoing, the Licensing Authority shall be at liberty during the currency of this Licence to introduce additional conditions to implement a registration scheme for door supervisors at licensed premises.
The following conditions to apply to Cinema Licences only.
91. No film shall be exhibited unless:-
(a) it has received a “U”, “PG”, “12”, “15” or “18” certificate of the British Board of Film Classification; or
(b) it is a current news reel which has not been submitted to the British Board of Film Classification.
92. No person apparently under the age of 18 years shall be admitted to any exhibition at which there is to be shown any film which has received an “18” certificate from the British Board of Film Classification.
93. No person apparently under the age of 15 years shall be admitted to any exhibition at which there is to be shown any film which has received a “15” certificate from the British Board of Film Classification.
94. No person apparently under the age of 12 years shall be admitted to any exhibition at which there is to be shown any film which has received a “12” certificate from the British Board of Film Classification.
Permission of the Licensing Authority
95. Notwithstanding the foregoing, a film may be exhibited, or persons, or any class of persons, may be admitted thereto if the permission of the Licensing Authority is first obtained and any conditions of such permission are complied with.
Film censors’ certificate to be shown
96. A representation or written statement of the terms of any certificate given by the British Board of Film Classification shall be shown on the screen immediately before the showing of any film to which it relates and the representation or statement shall be shown for long enough and in a form large enough for it to be read from any seat in the auditorium.
Notice of film classification and times of showing
97. There shall be prominently exhibited at each public entrance whenever the Premises are open to the public a notice indicating in tabular form and in clear bold letters and figures:-
(a) the title of each film to be shown on that day, other than trailers and films of less then 5 minutes duration;
(b) the approximate times of commencement of each such film;
(c) whether each such film has received a “U”, “PG”, “12”, “15” or “18” certificate from the British Board of Film Classification.
(d) the effect of such “U”, “PG”, “12”, “15” or “18” certificates in relation to the admission of persons under the age of 18 years.
Advertisements to indicate nature of certificate
98. The nature of any certificate received in respect of a film from the British Board of Film Classification shall be clearly indicated by the letter “U”, “PG”, “12”, “15” or “18” in any advertisement of the film displayed at the Premises.
Restrictions on advertisements
99. No advertisement displayed at the Premises of a film to be exhibited at the Premises shall depict as a scene or incident in the film any scene or incident which is not included in the film as certified by the British Board of Film Classification or approved for exhibition by the Licensing Authority, as the case may be.
Licensing Authority may object to advertisements
100. Where the Licensing Authority has given notice in writing to the Licensee objecting to an advertisement on the ground that, if displayed, it would offend against good taste or decency or be likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling that advertisement shall not be displayed at the Premises except with the consent of the Licensing Authority.
Licensing Authority may prohibit films
101. Where the Licensing Authority has given notice in writing to the Licensee prohibiting the exhibition of a film on the ground that it contains matter which, if exhibited, would offend good taste or decency or would be likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling, that film shall not be exhibited in the Premises except with the consent of the Licensing Authority.
Alteration of film category by Licensing Authority
102. If the Licensing Authority do not agree with the category in which any film passed by the British Board of Classification is placed, they shall be at liberty to alter such category, and, on notice of such alteration being given by the Licensing Authority to the Licensee, the film thereafter shall be treated as having been placed in the altered category and the conditions applicable to the exhibition of films in such altered category shall be complied with.
Exhibition of film to Licensing Authority
103. If the Licensing Authority request the licensee to exhibit to them any film the Licensee shall do so at such reasonable time as the Licensing Authority may, in writing, direct.
In addition to the foregoing conditions the Licence will also be subject to the relevant legislation (including regulations thereunder made by the Secretary of State) applying to Public Entertainments, Theatres and Cinemas. Licensees are therefore responsible for acquainting themselves with the provisions of such legislation and regulations.
CHILDREN AND YOUNG PERSONS ACT 1933
104. Where the number of children attending the entertainment exceeds 100, the licensee shall ensure that the provisions of Section 12 of the Children and Young Persons Act 1933 are complied with.