Annex 1 -
Mandatory conditions
S
21;
mandatory condition: door supervision
1.
Where a
premises licence includes a condition that at specified times one
or more individuals must be at the premises to carry out a security
activity, each such individual must:
a)
Be authorised
to carry out that activity by a licence granted under the Private
Security Industry Act 2001: or
b)
Be entitled to
carry out that activity by virtue of section 4 of the
Act.
2.
But nothing in
subsection (1) requires such a condition to be imposed:
a)
In respect of
premises within paragraph 8 (3)(a) of Schedule 2 to the Private
Security Industry act 2001 (c12) (premises with premises licences
authorising plays or films): or
b)
In respect of
premises in relation to:
I.
Any occasion
mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises
being used exclusively by club with club premises certificate,
under a temporary event notice authorising plays or films or under
a gaming licence) or
II.
any occasion
within paragraph 8(3)(d) of that Schedule (occasions prescribed by
regulations under that Act).
3.
For the
purposes of this section:
a)
“Security
activity” means an activity to which paragraph 2(1)(a) of
that Schedule applies, and which is licensable conduct for purposes
of that Act, (see Section 3(2) of that Act) and
b)
Paragraph
8(5) of that Schedule (interpretation of references to an occasion)
applies as it applies in relation to paragraph 8 of that
Schedule.
Annex 2 – Operating
Schedule
In regard to Minor
Variation application 2024/04125/LAPRMV to remove and replace with
conditions agreed with Sussex Police under Annex
2:
General:
1.
Authorised staff employed by Sussex Police in the role of licensing
officer shall have the right of access to the licensed premises
during hours of operation for the purpose of inspection of the
premises and premises records in order to ensure the promotion of
the licensing objectives.
2.
All delivery orders shall be to a registered residential or
business address. There shall be no deliveries to public/communal
areas or open spaces.
Prevention of
Crime and Disorder:
3.
Subject to GDPR guidance and legislation:
a) Digital CCTV and
appropriate recording equipment to be installed in accordance with
Home Office Guidelines relating to UK Police Requirements for
Digital CCTV System (PSDB Publication Number 09/05), operated and
maintained throughout the premises internally and externally to
cover all public areas, including the entrances/exits to the
premises as well as any outside space. The system shall be on and
recording at all times the premises licence is in
operation.
b) The CCTV cameras and
recording equipment must be of sufficient quality to work in all
lighting levels inside the premises at all times.
c) CCTV footage will be
stored for a minimum of 31 days
d) The management will give
full and immediate cooperation and technical assistance to the
Police in the event that CCTV footage is required for the
prevention and detection of suspected or alleged crime.
e) The CCTV images will
record and display dates and times, and these times will be checked
regularly to ensure their accuracy.
f) The management of
the premises will ensure that key staff are fully trained in the
operation of the CCTV and will be able to download selected footage
onto a disk (or other electronic portable device acceptable to
Police e.g. USB) or provide footage via an online link as initiated
by Police, without difficulty or delay and without
charge.
g) Any breakdown or
system failure will be notified to the police immediately &
remedied as soon as practicable -
brighton.licensing@sussex.police.uk.
h) In the event of the CCTV
system hard drive being seized as evidence as part of a criminal
investigation by Police or for any other reason, the premises will
be expected to install a replacement hard drive, or a temporary
replacement drive as soon as practicable.
4.
There will be a minimum of 1 SIA licensed door staff at all times
the premises opens past midnight. The door staff will be on duty
from midnight until close.
5.
SIA licensed door supervisors shall be employed on any other
occasions when a requirement is identified by the licence holder's
written risk assessment or requested by Sussex Police in writing at
least 48 hours in advance. The written risk assessment will be
reviewed at least once every calendar year. The written risk
assessment will take into account information or guidance offered
by the police, and also taking into account busy periods such as
Bank Holidays, Season Variations and other City Events e.g.
Football, Pride, Music Events. The written risk assessment will be
available on the premises for inspection by police and authorised
officers of the Licensing Authority.
6.
At all times the premises is open to the public, the management
will contract the backup services of an approved mobile support
unit (MSU) that operates at all times the premises is open to the
public, with a minimum of 2 SIA registered Door Supervisors
operating from it. A copy of the MSU contract will be retained at
the premises and made available for immediate inspection upon
request by Sussex Police or Council Officials. The MSU will be
accredited by the Brighton Crime Reduction Partnership (BCRP) or
other similar organisation approved by Sussex Police should the
BCRP not be in existence.
7.
The premises will become a member of the Brighton Crime Reduction
Partnership or similar scheme approved by the Licensing Authority.
The scheme must operate, subject to local coverage, radios and
additionally an exclusion/banning scheme of named individuals
within both the day and nighttime economy.
8.
a) An incident log will be maintained by the premises
showing a detailed note of incidents that
occur in the premises. The log will
be inspected and signed off by a manager at least once a
month.
b) The logbook should be kept
on the premises and be available for inspection at all times the
premises are open by authorised officers of the Licensing Authority
or the police. An incident will be defined as being one which
involves an allegation of a criminal offence.
Public
Safety: None
Prevention of
Public Nuisance:
9.
The management will ensure that delivery vehicles waiting or
arriving to collect orders will be parked/waiting legally and not
causing a public nuisance by way of obstructing the highway or
footpaths.
10.
Notices shall be prominently displayed at all exits requesting
patrons to respect the needs of local residents and businesses and
leave the area quietly.
Protection of
Children from Harm:
11.
a) All staff will be trained in:
·
Identifying persons who are vulnerable which could include but not
limited to, their age or due to intoxication and or drugs as well
as identifying potential perpetrators.
·
Conflict management.
The operator will have a policy in place assisting staff in how to
deal with such situations.
b) All training
undertaken by staff members shall be fully documented and recorded.
All training records shall be made
available to Sussex Police, officers of the local authority and
officers from the
Trading Standards team upon request.
c) Further verbal reinforcement/refresher training covering
the above will be carried out thereafter at intervals not to exceed
8 weeks, with the date and time of the verbal
reinforcement/refresher training documented.
12.
No Under 18’s are allowed on premises after 23:00 unless they
are supervised/accompanied by a responsible adult.
Annex 3 – Conditions
attached after a hearing by the licensing authority – 20
August 2024.
13. The operation of the
premises between 23.00 and 03.00 every day is to be for takeaway
and deliveries only
Annex 4 –
Plans
Schedule
12