ANNEX 4

Standard Conditions

Sexual Entertainment Venues

General

1.    In accordance with Home Office guidance, where a condition conflicts with a condition in a Licensing Act 2003 premises licence, the more onerous applies.

2.    Unless stated otherwise, the licence hereby granted will remain in force for one year from the date on the licence, after which it will cease to be in effect unless an application for renewal is submitted in the manner prescribed by the council. 

3.    The licence may be revoked by the council if at any time the holder is convicted of an offence of using the licensed premises, or other premises for which a similar licence has been granted, other than in accordance with the terms, conditions or restrictions of the licence or is convicted of any offence under any enactment defined in paragraph 1 of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 as amended.

4.    In the event of a conflict between these conditions and any special conditions contained in a licence relating to a sex establishment the special conditions shall prevail.

5.    The name of the premises must be approved by the council in writing.  Any change to the name of the premises must be approved by the Council in writing.

Exhibition of the licence

6.    The licence or a certified copy must be prominently displayed at all times so as to be readily and easily seen by all persons using the premises and all authorised officers.  A copy of the conditions attached to the licence must be kept on the premises and be available for inspection by an authorised officer of the Council.

Hours of opening

7.    Except with the written consent of the council, the premises will only open to the public during the following hours:

        Monday                 21:00 – 03:30     Friday                  21:00 – 04:30

        Tuesday      21:00 – 03:30      Saturday    21:00 – 04:30

        Wednesday 21:00 – 03:30     Sunday      21:00 – 03:30

        Thursday     21:00 – 03:30

Conduct of the premises

8.    Relevant entertainment will only be performed by the dancer. There must be no audience participation. 

9.    Dancers will only perform on the stage area, or in booths/areas for VIPs as identified on the plan attached.

10.  There must be no physical contact (touching) by a customer of a dancer while a performance is taking place, except for the placing of gratuities into the hand of the dancer at the beginning or conclusion of the performance.  A dancer may have physical contact with the customers while the performance is taking place, this is restricted to touching the customers knees (including sitting on their knee), lower legs, upper chest, arms, face and head.  There will be no physical contact of the pubic area or genitals.

11.  Any performance will be restricted to dancing and the removal of clothes.  There will not be any other form of sexual activity or stimulation which, for the avoidance of doubt, includes kissing.

12.  Sex toys must not be used and penetration of the genital area by any means must not take place.

13.  Dancers shall re-dress at the conclusion of the performance.

14.  Customers will not be permitted to throw money at the dancers.

15.  No customers shall be admitted to the premises or allowed to remain on the premises if they appear to be intoxicated or unruly.

16.  No person shall take any photographs, videos or other similar recordings (including mobile phones and video streaming) of the authorised relevant entertainment.

External appearance

17.  There will be a notice displayed inside each entrance or doorway to the premises, clearly visible on entering the premises, which states the following words and no others:

STRICTLY NO ADMITTANCE TO PERSONS UNDER 18 YEARS OF AGE

This premises operates a Challenge 25 policy.

Persons who appear to be under the age of 25 will be required to show proof of age.

18.  The external appearance of the premises must be approved by the council in writing.  Any change to the external appearance must be approved by the council.  The operator must advise of any change in writing including a drawing of the existing and proposed street elevation.  This must be approved by the council in writing before work is undertaken.

19.  Access to the licensed area of the premises should be through a lobby area which is constructed in such as way that the inside of the licensed premises where relevant entertainment takes place is not visible to passing members of the public when the doors of the premises are opened. 

20.  Windows and opening to the premises, other than entrances, shall be obscured in a manner and with such material approved by the council.  Door entrances shall also be obscured by blinds or material approved by the council so as to prevent any member of the public from seeing through to the premises whilst relevant entertainment is taking place.

21.  External signage will only be illuminated between 9.00pm and 5.00am, and movable signs placed outside the premises will be removed between 4.30am and 9.00pm. 

Advertising

22.  Any unsolicited written, visual or auditory advertisement material, posters, signage or window display must not be of a sexually explicit or suggestive nature, will not contain images or text of a sexually explicit, obscene or offensive nature and must be approved by the council in writing. 

23.  Staff employed or subcontracted by the premises will not verbally or otherwise promote, tout or advertise the premises, except by way of flyers.  Staff employed or subcontracted by the premises will not direct potential customers to transport connected with the premises.

24.  The distribution of flyers will only be permitted in such a way where it does not cause public offence.  Therefore, the distribution of flyers is only permitted between the hours of 9.00pm and 3.30am.   The licensee will remove any leaflets/flyers from the highway within a 100 metre radius of the premises by 5.00am.  Flyers must not be distributed by and to persons Under the age of 18 years.

Layout of the premises

25.  Access to ground floor premises may only be through two or more doors placed consecutively, so arranged that when a person enters or leaves the premises the interior of the premises is not recognisable to persons outside the premises.  The first set of entry doors must be fitted with a device to provide for their automatic closure and such a device shall be maintained in good working order. 

26.  No access will be permitted through the premises to any other adjoining or adjacent premises except in the case of an emergency.

27.  No alterations (including temporary alterations) will be made to the structure and installations on the premises, without the prior written consent of the council.  This condition will not require notice to be given in respect of routine maintenance works.  Where there is any doubt the licensee should seek advice from the council.

28.  Where works necessitate the premises being closed for a long period of time, the premises shall not reopen for the purpose of the licence, until the licensee has been notified in writing by the council of the satisfactory completion of the work.

29.  All parts of the premises shall be well maintained and kept in a clean condition to the satisfaction of the council.

Management of the premises

30.  Where the licensee is a body corporate, or an un-incorporated body, any change of director, company secretary or other person responsible for the management of the body will be notified in writing to the council within 14 days of such change.  Such details as the council may require in respect of the change of personnel will be furnished within 14 days of a request in writing from the council. 

31.  The licensee, or a responsible person nominated by him/her in writing for the purpose of managing the venue (“the manager”) will have personal responsibility for and be present on the premises whilst relevant entertainment is being performed.  Any such nomination will be produced on demand to an authorised officer of the council or the police. 

32.  The licensee will ensure that any person nominated by him/her under the above:

a) has been provided with a copy of the conditions relating to the premises and is fully conversant with them; and

b) is in possession of a written nomination referred to about at all times when they are in charge of the premises.

33.  Where the licensee, director, company secretary, or responsible person nominated for the purpose of managing the venue (“the manager”), is convicted of an offence, they must, as soon as practicable after the conviction, inform the council of the conviction giving details of the nature and date of the conviction, and any sentence imposed.

34.  The licensee will retain control over all parts of the premises and will not let, licence or part with possession of any part of the premises.  The council must be notified immediately in the event that any part of the premises affected by the termination of a lease or other event affecting the licensee’s control of the premises.

35.  The licensee will ensure that the public is not admitted to any part or parts of the premises that has not been approved by the council.

36.  No person under the age of 18 will be admitted to the premises.

37.  The licensee will operate a Challenge 25 age verification policy.  People who appear to be under the age of 25 will be required to show proof of ID prior to admittance.  A notice to this effect, in accordance with condition 18 will be displayed on the premises.

38.  The licence holder will not employee any person under the age of 18 in any capacity.

39.  The licensee will comply with all statutory provisions and any regulations made hereunder.

40.  The licensee will provide, for approval in writing of both the police and the licensing authority, a code of practice for the dancers.  This code must be given to all dancers and displayed in staff areas.  This code must be made available upon request to both the police and Authorised officers.

41.  The licensee will provide, for approval in writing of both the police and the licensing authority, a code of conduct for customers, this must be printed in a manner which is clear and easy to read during normal operation of the premises.  This code must be prominently displayed at each entrance to the premises, at the entrance to any private dance areas and in suitable locations within the licensed premises, such locations to be agreed with the council, such as at bars.

42.  Price lists for both drinks and sexual entertainment will be clearly displayed at each entrance to the premises, at each bar and at each table.

43.  Suitable and sufficient training will be provided to all staff including the nominated responsible person.  The training will be recorded and the training records must be made available upon request to both the police and authorised officers.

44.  The name of the person responsible for the management of the premises, whether the licensee or manager, shall be displayed in a conspicuous position within the premises throughout the period during which he/she is responsible for its conduct.

Safety and security

45.  A colour digital CCTV system will be maintained and operational at the premises at all times when licensable activities are being carried out and at any other times when member of the public are present on the premises. 

46.  The CCTV system will cover all areas of the premises occupied by the public under the terms of the licence, including corridors,  stairways,  each dance booth and VIP areas (excluding within toilets and changing rooms).  The CCTV system will cover the main entrances and external areas of the premises occupied by the public, for example queuing areas, beer gardens, smoking areas and car parks. 

47.  The locations of CCTV cameras are identified on the site plan of the premises.  No amendments to the locations of the cameras will be made without prior consultation with North Yorkshire Police and the council. 

48.  The CCTV system will be of a satisfactory resolution quality which will enable the identification of persons and activities, and other fine details such as vehicle registration number plates. 

49.  Recorded CCTV images will be maintained and stored for a continuous period of 28 days.  The CCTV equipment shall have constant time/date generation which must be checked on a daily basis for accuracy.

50.  Where CCTV is recorded onto a hard drive system, any DVDs subsequently produced will be in a format so it can be played back on a standard DVD player.

51.  The nominated person (“the manager”) must be trained in the use of any such CCTV equipment and be able to produce CCTV images to the police or Licensing Authority.

52.  CCTV footage will be controlled and kept in a secure environment to prevent tampering and unauthorised viewing.

53.  The data controller, under the Data Protection Act 1998, who is responsible for any CCTV images captured on cameras on the premises will, on the lawful request of the police or an authorised officer of the council, cause any required footage to be downloaded immediately, or where this is not possible, as soon as reasonably practicable, and supplied to the requesting officer.  Where the CCTV images are not supplied at the time of the request being made the data controller will ensure that they are secured to prevent any overwriting.

54.  A minimum of two Security Industry Authority registered door staff (numbers to be subject to police and licensing authority approval) will be present on the premises during the performance of relevant entertainment. 

55.  A refusals/incident/accident register will be maintained and shall record all refusals relating to alcohol, access to the premises and all incidents or accidents.

56.  The licensee will ensure that a fire safety risk assessment is carried out in connection with the premises, and is retained on the premises at all times and available for inspection by an authorised officer or a member of the Fire Authority.

57.  The licensee will maintain good order in the premises at all times, and ensure that persons entering or leaving the licensed premises conduct themselves in an orderly manner and do not in any way cause annoyance to residents in the vicinity and persons passing by. 

Staff welfare

58.  Dancers will be aged 18 years or over. 

59.  Before a dancer is permitted to work on the premises the licensee will ensure that the dancer:

a) has not been convicted of theft, drug offences or prostitution

b) has the right to work in the UK

        The licensee will keep records of the checks, including copies of any documentation such as a basic disclosure, passport, visa, driving licence or national insurance number provided by the dancer.

60.  All premises that provide relevant entertainment will provide dancers with copies of the following documents:

a) A copy of the conditions attached to the Sex Establishment Licence;

b) Details of any other conditions applied by management of the premises;

c) A copy of the code of practice for dancers;

d) A copy of the code of conduct for customers;

e) Price lists for drinks and sexual entertainment.

61.  Dancers will be provided with  separate secure dressing rooms, facilities to secure valuables and proper sanitation facilities.  No person other than performers and authorised staff will be allowed in or near the dressing rooms, therefore safe and controlled access will be maintained at all times.  The documents detailed in condition 60 will be displayed in the dressing rooms.

62.  There will be at least one female member of staff authorised to be responsible for the safety and welfare of the dancers. This staff member must on the premises at all times when licensable activities are taking place.

63.  All booths and VIP areas used for private dances must be visible to supervision and must not have closing doors, any curtains used must be approved by the council in writing.

64.  All booths and VIP areas used for private dances must be directly supervised by either a SIA registered door supervisor, or a member of staff who has direct contact with a SIA registered door supervisor working on the premises at all times the booths/areas are in use.  Direct supervision does not include remote supervision by CCTV.

65.  Dancers will only be present in the licensed area in a state of nudity when they are performing on stage or providing a private dance.

66.  Any person on the premises who can be observed from outside the premises will be properly and decently dressed.

67.  The practice of fining is prohibited.

68.  Customers and staff must not be allowed to interact while using the smoking area, and where possible a separate smoking area should be provided for staff.  Dancers must be covered up at all times with knee length robes or coats whilst using the smoking areas.

69.  Throughout the lap or table dance customers will remain seated and fully clothed, with their hands clearly visible, either resting on the arms of the chair/sofa or on the seat cushion, or customers must be asked to sit on their hands.

70.  If a dancer is invited to have a drink with a customer, the dancer will remain fully clothed during this period.  Dancers will not be paid commission on the sale of beverages.

71.  On leaving the premises dancers will be escorted to their transport by a SIA registered door supervisor.

Vessels, vehicles and stalls

72.  In the case of licensed premises that are a vessel, vehicle or stall, the licensee shall not move the vessel, vehicle or stall from the location specified in the licence unless 28 days written notice is given to the council of such intended removal.  The council may require the licensee to lodge such written application as it may deem appropriate and pay such a fee as it may deem reasonable in respect of such application.

73.  The requirements of condition 72 will not apply to a vessel, vehicle or stall habitually operating from a fixed location, which is regularly moved, whether under its own propulsion or otherwise, from another place for storage purposes.  This place must be specified in the licence and must not be used for the purposes for which the licence is granted and any other location than that specified in the licence.

74.  Vehicles must not be used for personal solicitation, touting or advertising.

Variation of conditions

75.  The council may, at the time of grant or renewal of the licence, waive, modify or vary these conditions or impose additional conditions as appropriate.

76.  The licensee may apply to the council to vary any of the terms of the licence.

77.  Applications to vary conditions of the licence must be advertised by the licensee in the same manner as the application for the grant, renewal or transfer of the licence.