STAN 1
This premises licence has been granted subject to the relevant embedded conditions and restrictions contained in the Children and Young Persons Act 1933, the Licensing Act 1964 and other relevant legislation. The conditions and restrictions to include the following:
ON 1
1. Permitted Hours
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
a) On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10 a.m. to 11 p.m.
b) On Sundays, other than Christmas Day or New Year’s Eve, 12 noon to 10.30p.m.
c) On Good Friday, 12 noon to 10.30 p.m.
d) On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.
e) On New Year’s Eve, except on a Sunday, 10 a.m. to 11 p.m.
f) On New Year’s Eve on a Sunday, 12 noon to 10.30 p.m
g) On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day.
Restrictions
The above restrictions do not prohibit:
a) during the first twenty minutes after the above hours the consumption of the alcohol on the premises;
b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
c) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
d) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
f) the sale of alcohol to a trader or club for the purposes of the trade or club;
g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
h) the taking of alcohol from the premises by a person residing there; or
i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
2. Music and Refreshment
The licensee may also provide and permit:
a) Entertainment by way of music and singing but only by the reproduction of recorded sound (this does not permit the use of karaoke, disc jockeys, compares, etc.);
b) The consumption of late night refreshment for a period of 30 minutes after the permitted hours set out above.
SHC 1
Where a special hours certificate is in force on all or certain days, replace the permitted hours condition for those days with the following:
1. Subject to the following paragraphs, the permitted hours on weekdays shall extend until two o’clock in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that—
a) the permitted hours shall end at midnight . . . on any day on which music and dancing is not provided after midnight; and
b) on any day that music and dancing end between midnight and two o’clock in the morning, the permitted hours shall end when the music and dancing end;
2. In relation to the morning on which summer time begins, paragraph (1) of this condition shall have effect—
a) with the substitution of references to three o’clock in the morning for references to two o’clock in the morning [or one hour following the hour actually specified in the certificate where the certificate currently requires closure between 1 a.m. and 2 a.m.]
3. Except on Sundays immediately before bank holidays, the permitted hours on Sundays shall extend until thirty minutes past midnight in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that—
a) the permitted hours shall end at midnight on any Sunday on which music and dancing is not provided after midnight;
b) where music and dancing end between midnight on any Sunday and thirty minutes past midnight, the permitted hours on that Sunday shall end when the music and dancing end.
4. On Sundays immediately before bank holidays other than Easter Sunday, the permitted hours shall extend until 2 a.m. in the morning following, except that—
a) the permitted hours shall end at midnight on any Sunday on which music and dancing is not provided after midnight;
b) where music and dancing end between midnight on any Sunday and 2 a.m., the permitted hours on that Sunday shall end when the music and dancing end.
The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.
Conditions attached by the Licensing Justices
Spilsby Theatre Club
1. Except on such occasions and at such times as may be authorised by the Licensing Authority there shall be no sales of intoxicating liquor otherwise than to persons being present in the said Spilsby Theatre Club being: (a) Members of the Green Room Club elected after an interval of at least two days after nomination. (b) Persons present at theatrical, musical, dancing, educational or artistic performances, presentation, exhibitions, lectures and demonstrations. (c) Artists and performers, organiser and lecturers participating in or presenting productions mentioned in (b) above. (d) Persons present and participating in games, sporting and leisure activities, visiting teams and supporters. (e) Members of a recognised Club or Association in a room hired for the purpose and from which members of the public are excluded. (f) Employees of the said Theatre Club or of companies, groups or organisations appearing in any part thereof.
2. No advertisement or notice that intoxicating liquors may be obtained in the premises shall be displayed on the outside of the premises, nor on the inside of the premises so as to be visible from the outside.
3. A Notice in a form approved by the Licensing Authority shall be kept displayed over or close to every bar on the licensed premises stating the classes of persons entitled to buy intoxicating liquor.
The embedded restrictions/conditions indicated below as RES 1 relate to the venue known as El Pato Negra Restaurant, Spilsby Theatre Club (as shown on the plan deposited with the Licensing Authority) only.
RES 1
1. Permitted Hours
Alcohol may be sold or supplied:
a) On weekdays, other than Christmas Day, Good Friday or New Year’s Eve from 10am to midnight.
b) On Sundays, other than Christmas Day or New Year’s Eve, and on Good Friday: noon to 11:30pm
c) On Christmas Day: 12 noon to 11:30pm;
d) On New Year’s Eve, except on a Sunday, 10 a.m. to midnight;
e) On New Year’s Eve on a Sunday, noon to 11.30 p.m.
f) On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day.
Restrictions
Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such person as an ancillary to his meal.
Suitable beverages otherwise than intoxicating liquor (including drinking water) shall be equally available for consumption with or as an ancillary to a meal.
The above restrictions do not prohibit during the first thirty minutes after the above permitted hours the consumption of the alcohol on the premises by persons taking meals there when the alcohol was supplied for consumption as ancillary to the meals;
Source Section 95 Licensing Act 1964
The following conditions relate to the use of the venue known as Spilsby Theatre for the provision of plays and regulated entertainment.
THEATRE CONDITIONS - GENERAL
1. The licensee shall take all reasonable precautions for the safety of the public and other persons on the licensed premises.
2. The premises and the fittings thereon, including seating, lighting, doors, door fastenings and sanitary accommodation, shall be kept in good, clean and safe order and condition.
Alterations
3. No alteration shall be permitted to or in the building without the approval of the licensing authority.
Doors
4(a) An adequate number of exit doors shall be provided so placed and maintained as to provide ready and ample means of safe egress from the premises.
(b) The exit doors shall be made to open towards the exit.
(c) Any fastenings, other than those to keep the doors in an open position, shall be capable of being easily and readily opened from within by members of the public. No lock, monkey tail flush or barrel bolt, locking bar or other similar device shall be fitted on any exit door without the consent of the licensing authority.
The exit doors shall be kept clear of obstructions at all times when the public are on the premises.
All exit doors or other doors shall be clearly indicated by a notice stating “Exit” which notice should comply with British Standard 2560 : 1954
Doors other than exit doors shall be marked “Private” or the use of the room to which they lead indicated.
5. The public shall be permitted to leave by all exit and entrance doors after each performance or entertainment, entrances being considered and treated as exits for all purposes.
Lights
6. All exit and other doors or openings used by the public for the purpose of exit, or unsuitable for that purpose, shall be indicated by notices clearly illuminated to the satisfaction of the licensing authority.
7. A system of emergency lighting shall be provided.
Sanitary Accommodation
8. Adequate sanitary accommodation shall be provided and such accommodation, which shall be separate for each sex shall be properly maintained and available during any performance.
Seating and Gangways
9. At all times during which the building is used for performances or entertainments when the audience is seated, passages or gangways not less than 3 feet 6 inches wide shall be provided leading direct to exit doors and gangways of not less than 3 feet 6 inches wide shall be provided, intersecting the rows of seating in such a manner that no seat shall be more than 12 feet from a gangway measured in the line of the seating.
Where loose chairs are provided as seating and the audience exceeds 250 persons, then the seats should be battened or clipped together in rows of not less than 4 nor more than 12.
There shall be an unobstructed seatway of space at least 12 inches in depth measured between perpendiculars, between the back of one seat and the front of the seat immediately behind.
10. No member of the public shall be allowed to sit or stand in the gangways, passages or staircases during any performance or entertainment. The gangways passages and staircases shall be kept entirely free of chairs or any other obstructions.
Fire Appliances
11(i) The premises shall be provided with fire appliances suitable to the fire risks of the premises and such fire appliances shall be maintained in proper working order and shall be available for instant use;
(ii) The licensee and the person in charge of the premises shall be properly instructed in the protection of the premises from fire, the use of the fire appliances provided and the method of summoning the Fire Brigade. The person in charge of the premises shall remain within the premises during the whole of the time when the public are on the premises and the stage is in use for the purposes for which the licence is granted.
Stage Area
12. Smoking and/or naked lights shall be prohibited on the stage except where it is necessary in connection with the performance and to the satisfaction of the licensing authority.
13. All scenery, drapes, etc, shall, where necessary, be treated with a flame resisting solution.
Spaces under Auditorium
14. All spaces under the auditorium shall be kept clean and free from rubbish and no properties scenery or any combustible material or article stored or kept there.
Attendants
15. A competent person shall be in charge of the safety arrangements during the whole time the public are present, and shall ensure that the capacity of the hall is not exceeded.
16. The number of attendants on duty to assist persons entering or leaving the auditorium shall, in any case, not be less than one for every two hundred and fifty, or part of two hundred and fifty, persons present in the auditorium; and
(a) if the number of persons present on any floor or tier does not exceed one hundred, there shall be at least one attendant on duty on that floor or tier;
(b) if the number of persons on any floor or tier exceeds one hundred, there shall be at least two attendants on duty on that floor or tier.
Right of Entry
17. Police Constables, the officers of the Fire Brigade and other officers authorised by the licensing authority shall have free ingress and egress and regress to and from the said premises at all reasonable times and the licensee shall produce the licence to which these conditions are attached on request of any such officer.
Good Order
18. It will be the responsibility of the licensee to ensure that good order is maintained upon the premises.
Hypnotism
19. No exhibition or performance of hypnotism shall be given at the premises except with the express consent of the licensing authority and in accordance with any conditions attached to such consent.
PEL CONDITIONS – GENERAL
Maximum number of persons permitted on the licensed premises in respect of regulated entertainment:
Maximum Number of Persons: 200
Standard Conditions
N.B. PEL Conditions 1 and 2 are no longer relevant to this licence.
3. Police Constables for the County, authorised Officers of the Fire Authority and authorised Officers of the District Council shall, whilst on duty, be allowed to enter the licensed premises at all reasonable times, without payment.
4. Any fire prevention and safety measures that may be required by the County Fire Officer from time to time, must be complied with.
5. All fire fighting equipment, emergency lighting system and means of escape in case of fire must be regularly maintained and tested as required by the County Fire Officer.
6. Seating Units
6.1 Appearance and State of Furniture
All furniture should be kept in a good state of repair and seating units should be checked after each performance to ensure that no ignition sources are present. Torn covers must be removed and repaired immediately.
Those items of furniture which contain combustible foam should, wherever possible, be treated with a fire retardant substance to achieve and maintain non-flammable properties.
(Note: The advice of the manufacturers or of a reputable upholsterer should be sought before arrangements are made for any fire retardant works to be carried out).
2 Replacement and/or Refurbishment of Furniture
When settees, armchairs and other soft furnishing units are replaced or refurbished, combustion modified high resilient foam or equivalent must be used in an in-fill material and covers or barrier cloths must meet the appropriate British Standard.
7. Real or artificial smoke shall not be produced on the premises without the prior approval of the Licensing Authority.
8. The licensee must inform the Licensing Authority at least 7 days prior to a performance of the intention to use laser display equipment. The licensee will be responsible for ensuring compliance with Health and Safety Executive Guidance Note HSG (G) 95.
9. Overcrowding in such numbers as to endanger the safety of staff, patrons or performers shall not be allowed on any part of the licensed premises and the maximum number of persons permitted at any time shall not exceed the number prescribed by the Fire Officer.
10. The licensee shall take all precautions for the safety of the public and performers whilst on the premises and shall ensure that the licensed premises and any fittings, stairways, notices are maintained in good order and condition.
11. Whilst the premises are being used under the terms of this licence, all passages, gangways and fire exits and doors must be kept free of obstructions and the latter must remain unlocked.
12. No alteration shall be made to the structure of the licensed premises or the arrangement of public accommodation or exits without the written consent of the Licensing Authority given under this Act.
13. The licensee or the person in charge of the premises shall maintain and keep good order and decent behaviour on the licensed premises and shall not permit drunkenness.
14. No exhibition, advertisement, recitation, singing or dancing which is obscene, immoral, offensive to public decency or calculated to incite any breach of the peace shall be permitted on the licensed premises.
15. The licensee or person in charge shall be responsible for designating official stewards and shall ensure that one such steward (excluding cashiers and doormen) is in attendance for every two hundred and fifty persons in the premises. The steward(s) shall remain on duty inside the licensed premises during the whole time that the public are present and shall ensure that the approved capacity of the premises is not exceeded.
16. When a particular function at the licensed premises is organised by a person other than the licensee such person shall be responsible for complying with the license conditions.
17. No roller discos must be held on the licensed premises without the prior approval of the Licensing Authority.
18. The licensee shall ensure that sanitary conveniences and washing facilities are provided on the licensed premises for staff, patrons and performers to a standard required by the Director of Environmental Services of the East Lindsey District Council. (Appendix A)
19. The licensee shall not permit the use of the licensed premises to become a nuisance to persons in the neighbourhood and, in particular, shall take all necessary precautions to prevent persons in the neighbourhood being disturbed by noise. The licensee shall comply with any noise standard specified by the Licensing Authority.
20. When required by the Licensing Authority, automatic control of the volume output from any musical equipment shall be installed and set at a level as directed by the Licensing Authority.
N.B. PEL Condition 21 is no longer relevant to this licence.
Other Conditions: Not Applicable
Electrical Installation
The electrical installation for the whole building, including the emergency lighting system (where applicable) will be inspected and tested every three years in accordance with BS 7671:2001 and certified as satisfactory. In addition the installation will be fitted a Residual Current Device and the certificate will indicate accordingly. All certification will be certified by a competent person/business having one of the qualifications shown below:
Chartered Electrical Engineer
Approved Electrical Contractor on roll of National Inspection Council for Electrical Contracting
A Member of Electrical Contractors Association
Where remedial works or other action recommended by the competent electrical contractor is
brought to the notice of the licence holder, these will be notified to the licensing authority and
carried out within a reasonable period of time after consultation with the licensing authority.