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 – Conditions consistent with the Operating Schedule
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. Between the hours of 00:00 (Midnight) and 03:00, the premises will only operate to fulfill delivery orders. Such orders will be made over the telephone or app/website and delivered to a private or work address. i.e. walk-ins or dine in or takeaway are not permitted.
3. The premises will not operate under this licence until all conditions set within it are evidenced to Sussex Police and the Local Authority Licensing Team as being adhered to.
Prevention of Crime and Disorder:
4. 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 if CCTV footage is required to prevent and detect suspected or alleged crime; CCTV footage will be available to be viewed immediately and any CCTV footage that is required to be downloaded will be made available within 24 hours of an incident.
e) 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, within 24hrs and without charge.
f) Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable – brighton.licensing@sussex.police.uk
g) 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.
6. 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.
7. 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.
8. A Staffsafe™ system with both audio and visual monitoring capability shall be installed and maintained in the premises. This system should be capable of being activated by either fixed or mobile panic buttons.
9. Signage stating that "StaffSafe antisocial behaviour monitoring system is in place and operating at the premises" shall be displayed at the premises.
10. A direct telephone number for the manager at the premises shall be publicly available at all times the premises is open. This telephone number and/or is to be made available to residents and businesses in the vicinity.
11. Signage stating that "anti-social behaviour and/or disorder shall not be tolerated" shall be displayed at the premises.
12. The premises licence holder shall operate a Home Delivery Policy which shall be adhered to at all times the premises are operating under the premises licence. The policy contains procedures, management controls and practical steps including all measures to control any noise generated by the attendance of couriers waiting to collect food from the premises to ensure that neighbours are not disturbed by the
delivery persons and their vehicles. A copy of the Home Delivery Policy will be annexed to the licence. Any amendments to the policy shall be submitted to the Licensing Authority within 28 days of revision.
Public Safety
13. Suitable measures will be put in place to prevent members of the public from accessing hot food in the kitchen and preparation areas.
Prevention of Public Nuisance
14. 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.
15. Litter patrols to be conducted half hourly during hours of operation in the vicinity of the premises.
16. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and leave the area quietly.
17. No fumes, steam or odors shall be omitted from the premises, so as to cause a public nuisance to any persons living or carrying on a business in the area where the premises is situated.
18. No noise shall emanate from the premises not vibration be transmitted through the structure of the premises that give rises to a public nuisance.
19. Deliveries to the premises shall not take place between the hours of 21:00 - 06:00 daily.
20. Recycling and rubbish should not be placed outside or collected from the premises between the hours of 21:00 - 06:00 daily.
Protection of Children from Harm
21. 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 12 weeks, with the date and time of the verbal reinforcement/ refresher training documented.
Annex 3 – Conditions attached after a hearing by the licensing authority
N/A
Annex 4 – Plans
