Edition 3 - These Standard Conditions were adopted by the Board on 20 May 2008 and amended on 2 December 2008 and 10 February 2009.

This Edition shows the SC as amended to the later date, and the SC shown here apply to any Premises Licence granted after that date and before the date of any later Edition

Explanatory notes are added for information only. These are not part of the Standard Conditions. Terms which are defined in the legislation or the SC are in bold.

These are the Standard Conditions which are to apply to all Premises Licences and Occasional Licences granted by North Ayrshire Licensing Board unless otherwise specified in the case of a particular licence.

The Conditions are in eleven Parts, A to J, and X.

A. All Premises

B. Off-Sales

C. On-sale Premises

D. Late Opening Premises

E. Special Late Opening Premises

F. Entertainment

G. Adult Entertainment

H. Occasional Licences

I. Clubs

J. Premises primarily providing Entertainment

X. Additional Conditions

Part A applies to all Premises. Depending on the description in the Operating Plan of the kind of activities licensed (and any extension of licensed hours), one or more of the other Parts may also apply. The exact arrangement depends on the circumstances of particular Premises, but common examples are:

Off-sales shop: A, B

Hotel or Restaurant: A, C

Public House which also has off-sale: A, B, C

Late-opening Public House which also has off-sale: A, B, C, D

Occasional Licences: A, H

Clubs: A, C, I

Nightclubs: A, C, D, E, F, G and J

In addition, where the Premises provide entertainment, Part F may apply.

These Standard Conditions consist of

(1) the Statutory Conditions which are applied by Statute (and which the Board cannot vary or dis-apply) and also

(2) the Conditions applied by the Board under Sections 27(6) and 60(4) (except where the Board decides to exclude or modify a Condition in any particular case).

The Statutory Conditions are the Mandatory Conditions:

(a) which apply to all Premises Licences (see Schedule 3, 2005 Act),

(b) which apply to all Occasional Licences (see Schedule 4, 2005 Act), and

(c) which apply to Late Opening Premises (see The Licensing Conditions (Late Opening Premises) (Scotland) Regulations 2007, No. 336).

In these Standard Conditions expressions have the same meaning as those of the legislation, except that the following expressions have the following meanings (unless otherwise expressed):

'Adult entertainment' is defined in Part G;

‘Club’ means a Members' Club which is exempt from some of the Act's provisions under Section 125 of the Act; except:

(a) in Part J (Premises primarily providing Entertainment) where 'Club' is defined by Condition J.1;

(b) in Condition A.17;

Note: under the Licensing (Scotland) Act 1976 Clubs were registered with the Sheriff and were not licensed by the Licensing Board. The position has changed under the Licensing (Scotland) Act 2005 and Clubs require Licences from the Licensing Board. However, certain Clubs are exempt from some (not all) of the Act’s requirements, provided that they satisfy the requirements of The Licensing (Clubs) (Scotland) Regulations 2007 No. 76. A Club qualifies for special treatment if both

(a) it is not conducted for the purposes of making a profit; and

(b) it has a written constitution and rules which make the provisions specified in the Regulations.

An organisation which calls itself a Club, but which does not qualify under Section 125, is subject to the same conditions which apply to any other On-sales Premises, like a Public House (e.g. requiring a Premises Manager). Whether the Club qualifies or not, A.17 applies.

Definition amended on 10 February 2009.

'Day' means a period of 24 hours beginning at midday;

Definition added on 10 February 2009.

‘Disabled People’ are people who have a Disability to which the Disability Discrimination Act 1995 applies or are whom a reasonable person would consider ‘disabled’;

'Exempt Late Opening Premises' are Late Opening Premises which are described by Regulation 3(3) of The Licensing Conditions (Late Opening Premises) (Scotland) Regulations 2007, No. 336, that is premises:

(a) the primary function of which is the service of food;

(b) which include, or are part of larger premises which include, at least 6 letting bedrooms;

(c) in respect of which a licence under section 12 of the Theatres Act 1968 or section 1 of the Cinemas Act 1985 is in force; or

(d) which are, or are part of, an art gallery.

‘Late Opening Hours’ means the period after 1.00 a.m.;

‘Late Opening Premises’ means Premises where the Operating Plan specifies that the Premises will, on any occasion, be open at any time during the Late Opening Hours; but does not include Premises open after 1.00 a.m. due only to:

(a) a Determination made by the Board under Section 67,

(b) Extended Hours allowed under Section 68, or

(c) an Occasional Licence granted under Section 56,

and in these circumstances the Conditions in Part D apply to the extent described in Condition C.17;

Definition amended 10 February 2009.

'Licensee' means the holder of the Premises Licence or Occasional Licence, and in either case the Premises Manager; where the Premises do not have a Premises Manager (e.g. a Club), ‘Premises Manager’ means any Office-bearer of a Club;

‘Office-bearers’ means any member of the Management Committee or other body responsible for the management of a Club;

'Outside Drinking Area' means any part of the Premises, or any ground near the Premises:

(a) which is enclosed by solid walls over less than fifty per cent of its perimeter (doors and windows are not counted as ‘solid walls’); and

(b) which is available for the exclusive use of customers of the Premises,

and includes any shelters or structures on that part or that ground (for example: beer gardens, cordoned-off areas of pavement, smoking areas, play areas, car parks, access roads, temporary structures or queues);

‘Performer’ means a person whose main reason for being on the Premises is the provision of entertainment and who is not himself a customer of the Premises (incidental use of the facilities of the Premises shall be disregarded);

'Premises' includes any 'Outside Drinking Area';

'Special Late Opening Premises' are Late Opening Premises which are specified by Regulation 3(2) of The Licensing Conditions (Late Opening Premises) (Scotland) Regulations 2007, No. 336, that is premises (other than Exempt Late Opening Premises) which have a capacity of at least 250 people and which–

(a) will regularly provide at any time in the period between 1:00 am and 5:00 am–

(i) live or recorded music with a decibel level exceeding 85dB;

(ii) facilities for dancing; or

(iii) adult entertainment; or

(b) when fully occupied, are likely to have more customers standing than seated;

'Terminal Hour' means the end of the period during which alcohol may be sold;

‘Year’ means the period starting on 1st January and ending on 31st December.

Definition added on 10 February 2009.

Note: Conditions A.1 to A.7 are mandatory conditions required by the 2005 Act, Schedule 3. The Board has no power to vary or dis-apply them.

A.1.1 Alcohol is to be sold on the Premises only in accordance with the Operating Plan contained in the Licence.

A.1.2 Any other activity to be carried on in the Premises is to be carried on only in accordance with the Operating Plan contained in the Licence.

A.2.1 Alcohol is not to be sold on the Premises at any time when—

(a) there is no Premises Manager in respect of the Premises,

(b) the Premises Manager does not hold a Personal Licence,

(c) the Personal Licence held by the Premises Manager is suspended, or

(d) the Licensing Qualification held by the Premises Manager is not the appropriate Licensing Qualification in relation to the Premises.

A.2.2 These conditions do not apply to Clubs.

A.3.1 Every sale of alcohol made on the Premises must be authorised (whether generally or specifically) by—

(a) the Premises Manager, or

(b) another person who holds a Personal Licence.

A.3.2 The Premises Manager does not require to be present on the Premises at the time any sale of alcohol is made.

A.3.3 These conditions do not apply to Clubs.

A.4.1 These Conditions apply to any person (other than a person who holds a Personal Licence) who works at any time on the Premises in a capacity (whether paid or unpaid) which involves the person—

(a) making sales of alcohol, or

(b) where alcohol is sold on the Premises for consumption on the Premises, serving such alcohol to any person.

A.4.2 No such person is to work in the Premises in that capacity unless that person has complied with the requirements as to the training of staff prescribed for the purpose of Paragraph 6 of Schedule 3 to the 2005 Act.

Note: The training is prescribed by the Licensing (Training of Staff) (Scotland) Regulations 2007/397. Any person working in the capacity mentioned in paragraph 6(2) has a ‘training requirement’, which means that he must have received ‘relevant training’ from a person who either himself holds a personal licence or has an accredited qualification. ‘Relevant training’ means training of at least 2 hours' duration which covers each of the matters specified in the Schedule to the Regulations.

A.4.3 At any time when such a person is working in the Premises in that capacity, there must be kept on the Premises a training record which relates to that person and is in the form set out in the Schedule to the Licensing (Mandatory Conditions No. 2) (Scotland) Regulations 2007.

A.4.4 That record must be produced to a Licensing Standards Officer on request.

Where the price at which any alcohol sold on the Premises is varied—

(a) the variation (referred to in this paragraph as ‘the earlier price variation’) may be brought into effect only at the beginning of a period of Licensed hours, and

(b) no further variation of the price at which that or any other alcohol is sold on the Premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.

A.6.1 These Conditions apply to any ‘drinks promotion’ (any activity which promotes, or seeks to promote, the buying or consumption of any alcohol on the Premises).

A.6.2 An irresponsible drinks promotion must not be carried on in or in connection with the Premises.

A.6.3 A drinks promotion is irresponsible if it—

(a) relates specifically to an alcoholic drink likely to appeal largely to persons under the age of 18,

(b) involves the supply of an alcoholic drink free of charge or at a reduced price on the purchase of one or more drinks (whether or not alcoholic drinks),

(c) involves the supply free of charge or at a reduced price of one or more extra measures of an alcoholic drink on the purchase of one or more measures of the drink,

(d) involves the supply of unlimited amounts of alcohol for a fixed charge (including any charge for entry to the Premises),

(e) encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume,

(f) is based on the strength of any alcohol,

(g) rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly, or

(h) offers alcohol as a reward or prize, unless the alcohol is in a sealed container and consumed off the Premises.

Paragraphs (b) to (d) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the Premises.

Any annual or other recurring fee must be paid if required by the regulations.

A.8.1 Subject to Conditions A.8.2 to A.8.9, Premises are obliged to remain open continuously throughout the Licensed Hours described in the Operating Plan. Where different parts of Premises have different hours, those parts must remain open for the hours specified in the Premises Licence. Note: Condition A.8.1 was amended:

on 2 December 2008 by the inclusion of the reference to Condition A.8.6, which amends the 'Continuous opening' rule for Clubs which qualify for special treatment under Section 125;

on 10 February 2009 by the inclusion of the references to Conditions A.8.7 and A.8.8.

A.8.2 An Operating Plan may state that the Premises will remain open for different periods of time for different times of the year, being:

(a) an Open Season of not less than six months defined as the continuous period between two dates (both inclusive) and

(b) a Close Season defined as the remainder of the year.

The Open Season dates may be defined:

(a) by reference to a commonly-used date (e.g. 'Easter', 'Christmas Day');

(b) by reference to any Bank Holiday or Special Day specified for any part of North Ayrshire by the Banking and Financial Dealings Act 1971 (as amended) or by Royal Proclamation or Treasury Direction made under that Act; or

(c) using words such as 'Monday 21 April 2009 until Sunday 21 September 2009' or 'the first Monday in March until the last Friday in September in any year';

(d) by reference to a playing season defined by a national or local sports organization.

The hours for the Close Season may be nil.

A.8.3 At the discretion of the Premises Manager, the Premises may be closed for one or more periods during the Licensed Hours where there is a substantial risk of crime, disorder or nuisance.

Note: On 10 February 2009 the Board deleted the words after 'nuisance' : 'associated with a sporting event'.

A.8.4 At the discretion of the Premises Manager, the Premises may be closed prior to the Terminal Hour where there are no customers on the Premises, provided that

(a) the Premises do not re-open during the same period of Licensed Hours, and

(b) there are no more than two early closures in any running period of seven days.

A.8.5 Additional hours shall only apply:

(a) if the Board makes a direction under Section 67 (temporarily extending generally operating hours for national or local events); the Premises may (but are not required to) remain open during the additional hours;

(b) if the Board grants an application in respect of particular Premises under Section 68 (Extended Hours for special events to be catered for on the premises, or events of local or national significance, valid for up to one month); or

(c) if the Board grants an application for variation of the Operating Plan, to the extent that the hours are varied.

In any case, the other conditions of the Premises Licence shall continue to apply throughout the additional hours.

Note: the Section 67 direction will be publicised on the Board’s website and/or in the local media; the Section 67 direction may be subject to restrictions specified as to duration, area, hours, and descriptions of Premises.

A.8.6 In the case of a Club, Condition A.8.1 (continuous opening) does not apply but the Club is required to remain open for a continuous period within the Core Hours commencing fifteen minutes before and ending fifteen minutes after an event which relates to the government or management of the Club or to the principal activity of the Club. The Club may open (but is not obliged to be open) during the Core Hours outwith that period.

Note: Condition A.8.6 was added by the Board on 2 December 2008. Note that 'Club' here means only those Clubs which qualify for the limited exemptions from the Act’s requirements conferred by Section 125. The limited exemptions depend upon the Constitution and Rules meeting requirements laid down by Regulation. The limited exemptions include:

1. Clubs do not require a Premises Manager;
2. Clubs do not require a Personal Licence holder (although their staff require training);
3. Clubs have a low initial fee of £200 (other Premises have a fee based on the Rateable Value, and their fee is in the range £800 to £2,000); the annual fee for Clubs is £180 rather than £220 to £900;
4. Overprovision is never a potential reason for the refusal of a Club.

An organisation which calls itself a Club, but which does not qualify under Section 125, is subject to the same conditions which apply to any other On-sales Premises, like a Public House.

A.8.7 In the case of a Premises which are:

(a) only licensed to sell Off-sale, or

(b) licensed to sell on-sale premises and provide only seated accommodation,

Condition A.8.1 (continuous opening) does not apply.

Note: Condition A.8.7 was added by the Board on 10 February 2009.

A.8.8 At the discretion of the Licence Holder, the Premises may be closed for one or more periods of days, provided that:

(a) the total number of closed days within a year does not exceed twenty eight (or such other number as the Licensing Board may have permitted);

(b) the Operating Plan shows that the Licence Holder seeks to use this exception to the usual ‘continuous opening’ rule; and

(c) the Licensing Board has directed that this exception shall apply to the particular Licence Holder (either expressly or by granting the Licence without excluding Condition A.8.8).

Note: Condition A.8.8 was added by the Board on 10 February 2009.

A.9.1 Food and drink stored, prepared or served on the Premises shall be stored, prepared or served in a safe and hygienic manner. This condition includes the situation where food is reheated by microwave or other oven.

A.9.2 Staff who are involved in the storage, preparation or service of food and drink shall have suitable food hygiene training commensurate with their work activity.

A.10.1 The Notice required by Section 110 must be displayed—

(a) at all times,

(b) at each place on the Premises where sales of alcohol are made, and

(c) in a position where it is readily visible to any person seeking to buy alcohol.

A.10.2 The Notice shall be A4 size and shall contain the following statements:

‘It is an offence for a person under the age of 18 to buy or attempt to buy alcohol on these premises.

It is also an offence for any other person to buy or attempt to buy alcohol on these premises for a person under the age of 18.

Where there is doubt as to whether a person attempting to buy alcohol on these premises is aged 18 or over, alcohol will not be sold to the person except on production of evidence showing the person to be 18 or over.’

A.11.1 In addition to the Notice prescribed by Section 110 and Regulation 3 of the Sale of Alcohol to Children and Young Persons (Scotland) Regulations 2007 No. 93, the Licensee shall display a notice on the Premises stating the address, telephone number, email, website or other contact information for at least two organisations whose functions include the provision of advice or counselling as to the possible health and social consequences of the consumption of alcohol and stopping or reducing consumption of alcohol (for example, the local Health Board, Alcohol Concern, Alcoholics Anonymous).

A.11.2 That Notice shall be of at least A4 size, in letters of not less than 12 points in height, and positioned so that is easily readable by customers.

A.11.3 In addition there shall be freely available to customers information leaflets from such an organisation.

A.12.1 Where such Byelaws are in force, the Licensee shall display a notice at each customer entrance to the Premises either containing the statement set out in Condition A.12.2 or the Notice issued by Strathclyde Police and North Ayrshire Council which bears the title “No Drinking in Public Places”.

A.12.2 Subject to A.12.1, where such Byelaws are in force, the Licensee shall display a notice at each customer entrance to the Premises containing the following:

‘DRINKING IN PUBLIC IS A CRIME

It is a criminal offence under Byelaws in most of North Ayrshire to consume alcohol in public places or to have an open bottle, can, glass or other container of alcohol. The offence is punishable with a fine of up to £500.

The Byelaws apply to:

Towns: Ardrossan, Beith, Dalry, Dreghorn, Drybridge, Fairlie, Irvine, Kilbirnie, Kilwinning, Largs, Millport, Saltcoats, Seamill, Skelmorlie, Springside, Stevenston, and West Kilbride.

Villages: Barrmill, Cunninghamhead, Gateside, Girdle Toll, Glengarnock, Lawthorn, Torranyard.

Arran Villages: Blackwaterfoot, Brodick, Catacol, Corrie, Kildonan, Kilmory, Lagg, Lamlash, Lochranza, Pirnmill, Sannox, and Whiting Bay.’

A.12.3 That Notice shall be of at least A4 size, in letters of not less than 12 points in height, and positioned so that is easily readable by customers.

Note: Condition A.12 was amended on 10 February 2009. The effect of the amendment is to require the display of either the Police-supplied Notice which has a 'no-drinking' symbol or a Notice containing the wording in A.12.2.

A.13.1 Any furniture or machine must be positioned so that no exit route or means of access is obstructed or otherwise adversely affected.

A.13.2 Emergency exits must be signposted as directed by the Fire Authority.

A.13.3 Emergency exits must not be locked or obstructed while the Premises are open to the public.

Any public notices or advertisements referring to the Premises, Outside Drinking Areas, or events in either, shall not be fly-posted or affixed to the property of a third party or any street furniture (such as lamp-posts, railings).

A.15.1 The Licensee shall not engage in, or permit, conduct or activities on the Premises:

(a) which cause offence, or

(b) which are likely to cause offence to a reasonable person, or

(c) which constitute a threat to public order or safety, or

(d) which are likely to discourage a particular part of the community from using the Premises,

on racial, religious, sectarian or other discriminatory grounds.

A.15.2 The Licensee shall take reasonable steps to prevent any other person from engaging in such conduct or activities.

A.15.3 The association of any Licensed Premises with a particular football club or the display of football programmes or football memorabilia within the Licensed Premises shall not of itself breach this condition: provided that any such material displayed does not contain any design, insignia, word or groups of words which discriminate on the basis of race, religion or are sectarian or which could reasonably be construed as being discriminatory or inciting racial, religious or sectarian hatred or violence.

A.16.1 Where records are required to be kept under any of these Conditions, then unless otherwise specified these records must be in writing and be retained for not less than six months, and must be produced on request by a Licensing Standards Officer, Police Constable, or anyone authorised by North Ayrshire Licensing Board or North Ayrshire Council.

A.16.2 Where a set of records or information is to be kept in writing, that set shall be kept:

(a) on paper, or

(b) on a computer, provided that the records or information can be displayed and printed onto paper.

A.16.3 Where the holder of a Premises Licence adopts a particular policy to address a risk, the policy shall be put in writing, shall be brought to the specific attention of all staff members, shall be enforced, shall be reviewed at regular intervals in the light of changes of circumstance or incidents and shall be produced on request by any of the persons mentioned in Condition A16.1.

In the case of a Members' Club (whether or not it is entitled to special treatment under Section 125):

(a) No alcoholic liquor shall be sold or supplied in the Club to any person under 18;

(b) No alcoholic liquor shall be sold or supplied in the Club Premises for consumption off the Premises, except to:

(i) a member of the Club in person for consumption by him, or

(ii) to a person holding a Premises Licence who obtains the alcohol for the purpose of re-sale.

A.17 added on 10 February 2009.

Note: Condition B.1 is one of the Mandatory Conditions (Sch.3, Para. 13) and cannot be varied by the Board.

The Board has adopted criteria covering the area which is likely to be acceptable. An Application which is within these criteria might be processed under the delegated 'list' procedure, if there are no other issues indicating that a Hearing before the Board may be needed.

B.1.1 Alcohol which is for sale only for consumption off the Premises may be displayed only in one or both of the following–

(a) a single area of the Premises agreed between the Licensing Board and the holder of the Licence; or

(b) a single area of the Premises which is inaccessible to the public.

B.1.2 In an area so agreed, a product other than alcohol may be displayed only if it is–

(a) a non-alcoholic drink; or

(b) packaged with, and may be purchased only along with, alcohol.

All alcohol sold for consumption off the premises shall be sold in sealed and unopened containers.

Where a Premises Licence is granted for Premises which would, but for Section 123(5), be Excluded Premises, the following shall apply:

(a) all payments for fuel will be made separately from payments for alcohol either (i) through the use of different buildings or (ii) by payment of fuel from outside the Premises or part of Premises through a payment window without fuel customers entering the Premises;

(b) the Premises shall have signage appropriate to that payment arrangement, the size, content and location of which is described in the Layout Plan approved by the Board.

The Premises shall maintain a record of occasions when the sale of alcohol was refused, to include:

(a) the date and time of the attempted purchase,

(b) the staff-member involved,

(c) the name or description of the person attempting to purchase alcohol, and

(d) the reason for refusal.

Where the Premises can sell Off-sale but not On-sale, Additional Condition X.1, Paragraphs (a) to (f) (which relate to CCTV coverage within all parts of the Premises and of entrances, and the retention and use of recordings) shall apply.

B.5 added on 10 February 2009. Previously X.1 was applied to Off-Sale shops.

(a) The Off-Sales Display Area and any proposed Variation of it shall be within the Board’s Off-Sales Display criteria, and the Operating Plan shall be read as if it contained a statement:

“The Licence-holder may apply to the Board from time to time for variation of the alcohol display area, and the proposed varied area shall always be within the Board's Off-sale Display criteria.”

(b) All alcohol displayed shall be placed on shelves or within cabinets or display units.

B.6 added on 10 February 2009. Display cannot include 'islands' or stacks of boxes or bottles on the floor.

Where off-sale is permitted on Premises that are also permitted to sell on-sale, the Licence Holder shall display a Notice in the part of the Premises where alcohol is available for off-sale stating that such alcohol is only sold for consumption off the Premises.

Added on 10 February 2009.

Note: The Conditions in C.1, C.2 and C.3 are part of the Mandatory Conditions (Schedule 3, Paragraphs 9, 11 & 12) and cannot be varied by the Board.

C.1.1 Tap water fit for drinking must be provided free of charge on request.

C.1.2 Other non-alcoholic drinks must be available for purchase at a reasonable price.

C.1.3 These conditions apply only to the extent that the Premises Licence authorises the sale of alcohol for consumption on the Premises.

In addition to the Notice required under Section 110, the Licensee shall display a notice (of at least A4 size) at each entrance to the Premises so that it is easily readable by customers entering the Premises which–

(a) states that persons under the age of 18 are not permitted on the Premises; or

(b) states that such persons are permitted on the Premises or on such parts of the Premises as are specified on the sign, with any conditions attached to that permission (for example, being accompanied by a person of or over 18).

Note: the requirement to display a Notice is in addition to the duty imposed by Section 110 of the 2005 Act, which requires a Notice about the sale of alcohol to or for persons under 18. Section 110 applies to ‘Relevant premises’, which means (a) any licensed premises, (b) any exempt premises on which alcohol is sold, and (c) any premises used for the selling of alcohol to trade (Section 122(2)).

C.3.1 Where children under the age of 5 are to be admitted to the Premises, there are to be on the Premises facilities for baby changing which are to be accessible to persons of either gender.

C.3.2 This Condition does not apply to Premises which are:

(a) used wholly or mainly for the purposes of a Club, or

(b) a vehicle, a vessel, or a moveable structure.

C.4.1 The Licensee shall apply best practicable means to prevent persons outside the Premises or any Outside Drinking Area being subjected to nuisance from noise, vibration, smell or otherwise.

C.4.2 Signs will be displayed:

(a) inside the building, near each exit (including any exit leading to an Outside Drinking Area), asking customers to respect the local neighbourhood and keep noise levels to a minimum while outside the building or at the entrances to the building;

(b) on the exterior of the Premises asking drivers (whether Taxi, Private Hire or private) to avoid sounding their horns when collecting patrons from the Premises after 22.00.

Each sign shall be of at least A4 size, in letters of not less than 12 points in height, and positioned so that is easily readable by customers or drivers.

C.4.3 The Licensee shall take reasonable steps to ensure that at all times that the Premises are open to the Public (and for 15 minutes after the Terminal Hour) customers do not cause nuisance to neighbouring occupiers or persons outside the Premises.

C.4.4 When any of the activities to which this Condition applies take place on the Premises after 22.00, the following requirements apply:

(a) All windows and doors (both external and internal) shall be kept closed, except that doors may be opened from time to time to permit the immediate passage of people provided that they are then again closed;

(b) Where equipment is used for the amplification, relaying or making of sound, the Premises shall use sound limiter equipment set so that the equipment does not operate beyond sound levels agreed from time to time with the Council’s Environmental Health Officer.

The activities to which this Condition applies are the playing of Recorded Music, karaoke, the giving of Live Performances, Dancing, the performance of Theatre, the showing of Films, and the operation of Radio, Television or Jukebox.

C.4.5 The use of any device for producing, relaying, or amplifying live or recorded sound shall not be permitted before 11.00 or after 23.00.

C.4.6 There shall be no disposal of bottles or other waste from the Premises, or the filling of waste receptacles, between the hours of 22.00 on one night and 07.00 the next morning.

Note: C.4 was amended on 10 February 2009.

C.5.1 No loudspeakers, televisions, radios or other devices for amplifying sound shall be positioned at any time in Outside Drinking Areas.

C.5.2 No Outside Drinking Area is permitted to operate earlier than 11.00 a.m. or after 10.00 p.m. An Outside Drinking Area is ‘operated’ when it is occupied by one or more customers, regardless of whether they are consuming alcohol, food or drink or smoking.

Note: C.5.2 was amended on 10 February 2009.

C.5.3 Where an Outside Drinking Area is situated on a public footway to which Section 59 of the Roads (Scotland) Act 1984 applies:

(a) the Licensee shall hold a Consent granted by the Council under that Section;

(b) the Licensee shall comply with the conditions attached to that Consent;

(c) the Outside Drinking Area shall be separated from the public footpath by a physical barrier so that the Area may be entered only by customers and staff of the Premises;

(d) alcohol shall be consumed only by persons seated in the Outside Drinking Area - no ‘vertical drinking’ shall take place on a public footway.

C.6.1 The areas outside the Premises shall be kept free of waste and litter to the standard set out in the Code of Practice on Litter and Refuse issued under section 89 of the Environmental Protection Act 1990;

C.6.2 Where customers are likely to congregate near the Premises (e.g. to smoke), the Licensee shall provide a litter bin outside the Premises (or fixed to the external wall of the Premises) which is accessible by customers so congregating;

C.6.3 The Licensee shall provide a litter bin in any Outside Drinking Area, except where a litter bin is provided under the foregoing condition;

C.6.4 The maintenance and emptying of any litter bin provided by the Licensee shall be the responsibility of the Licensee;

The Licensee shall take reasonable steps to ensure that no opened containers, glasses (filled or not) or drinks are removed from the Premises or Outside Drinking Areas (other than sealed containers removed from Off-Sales Premises).

C.8.1 The Licensee shall have monitoring arrangements in place to verify the number of persons present at any point to ensure that the occupancy capacity set by the Board is not exceeded;

C.8.2 Monitoring shall take place at intervals of not less than two hours and a record shall be maintained, and exhibited on request to the Licensing Standards Officer, to the Board, or to Building Services.

The Premises shall have seats for not less than 25% of the occupant capacity, except where the Board directs otherwise.

Note: The Board may direct otherwise if satisfied that:

(a) the sale of alcohol is ancillary to a primary purpose of entertainment and

(b) that entertainment reasonably requires over 75% of non-seated space in the premises.

C.10.1 While children and young persons are in any part of the Premises, they must at all times be within sight of an accompanying adult (a person of or over 18). This does not apply to toilets where the younger person is over 10.

Amended on 10 February 2009. The original version required supervision except in toilets, regardless of the age of the child. The new version requires supervision of children of 10 and under even in toilets.

C.10.2 No child shall be permitted to operate any amusement-with-prizes machine or video/DVD/electronic machine which is in the Premises, except mobile telephones or other hand-held electronic devices owned by the child.

C.10.3 In the area(s) of the Premises to which children are admitted:

(a) All heating appliances must be adequately guarded;

(b) All electrical sockets must be fitted with a safety cover when not in use;

(c) Where meals are provided a children’s menu must be available at all times, or alternatively the main menu must show that half portions are available for children;

(d) The playing of darts, pool, snooker or any other game is prohibited;

(e) There shall be no dartboard, pool table or other facilities for such activities in those area(s);

(f) There must be available (for sale or supply) for consumption by children meals and beverages other than alcohol;

(g) Drinks supplied to children under 12 must be served in non-glass containers;

(h) Straws must also be available to children free of cost;

(i) Not less than two safe high chairs shall be available to customers with children;

(j) Provision must be made for heating children’s food at no extra cost;

(k) if children under the age of 5 are admitted to the Premises, a separate container for the disposal of soiled nappies must be provided.

C.10.3(c) amended on 10 February 2009.

C.10.4 Where the Operating Plan permits a person aged under 16 to be admitted to any part of the Premises, that person shall only be allowed to enter or remain on the parts of the Premises which are described by the Operating Plan or Layout Plan as permitting such persons, and then only if all the following conditions are fulfilled:

(a) the person shall only be on the Premises (or part) until 20.00;

(b) the person shall only be on the Premises (or part) if accompanied by a person of or over 18;

(c) the younger person shall only be on the Premises (or part) for the purpose of the consumption by him of a meal sold or supplied on the Premises; and

(d) all other conditions as to entry stated in the Licence must be fulfilled.

C.10.4 added on 10 February 2009.

C.11.1 Staff shall when requested use all reasonable endeavours to assist Disabled People to enter, leave, and use all the facilities (other than toilets) of the Premises;

C.11.2 At all times when the Premises are open to the public there should be a member of staff on duty who can assist Disabled People in the event of an emergency evacuation of the Premises.

C.12.1 The Premises, both internally and externally, shall be maintained in a clean and tidy condition;

C.12.2 Toilets and washing facilities must be maintained clean and tidy, and should be inspected by staff regularly;

C12.2 amended on 10 February 2009. Previously inspections were required not less than once an hour.

C.12.3 A written record of such inspections should be kept and displayed in the toilets (Condition A.16.1 (Records) shall not apply);

C.12.4 Toilet doors must be lockable from the inside.

Where part or all of the Premises are to be used outside the Core Hours (stated on the Operating Plan) for a function (such as a wedding, funeral or birthday party) then

(a) when the function ends the whole Premises will be closed to customers, whether or not the Terminal Hour for use outside the Core Hours has been reached (except that customers who are associated with any other such function which is still continuing may remain:

(i) in the Premises or part of the Premises associated with that other function, or

(ii) in the parts of the Premises other than those in which alcohol is displayed, sold or consumed);

(b) The Premises (or the part of the Premises used for the function) will be used exclusively for the purposes of the function, and only customers associated with the particular function will be admitted to the Premises or that part of the Premises;

C14.1 Not less than 15 minutes before the Terminal Hour, customers shall be advised by an audible oral announcement that the Terminal Hour is approaching.

C.14.2 Not later than 5 minutes after the Terminal Hour:

(a) all bar taps shall be covered; and

(b) the lighting level in the public part of the Premises shall be increased to its maximum level;

(c) all equipment for producing, conducting or amplifying noise or music shall be turned off.

(d) any entertainment shall cease.

C.15.1 These conditions shall apply to all of these persons:

(i) the holder of the Premises Licence;

(ii) the Premises Manager; and

(iii) any holder of a Personal Licence who is employed on the Premises.

C.15.2 The Conditions are:

(a) The person shall not reside in the Premises (other than Premises where the primary purpose is the provision of accommodation and food);

(b) there shall be no direct means of access between the Premises and the person's dwelling-house;

(c) the person shall not give alcoholic liquor free of charge, nor any other gift, in the Premises, except to private friends of his bona-fide entertained by him at his own expense in the Premises.

No race night, betting, game or other gambling shall be provided in the Premises for the commercial gain of any of these persons:

(a) the holder of the Premises Licence;

(b) the Premises Manager; and

(c) any holder of a Personal Licence who is employed on the Premises.

Where Premises open after 1.00 a.m. due only to:

(a) a Determination made by the Board under Section 67,

(b) Extended Hours allowed under Section 68, or

(c) an Occasional Licence granted under Section 56,

the conditions in Part D shall not apply, except that Conditions D.1 (First Aider) and D.4 (Curfew) shall apply in all cases regardless of the nature of the Licence or permission which authorises opening after 1.00 a.m..

Note: C.17 added on 10 February 2009.

All Premises which have a bar shall maintain available a supply of drinking water and biscuits, bread and cheese, or other snacks, and shall display the same where they may be viewed and purchased by customers.

Note: C.18 added on 10 February 2009.

Where the Premises have a television, radio, karaoke machine, jukebox or other equipment for producing, amplifying or relaying noise, then the control of that equipment shall be retained by the Licence Holder or his staff, and where the equipment permits customers to select music or other material then the equipment shall be set so that:

(a) customers cannot make a selection after 30 minutes before the Terminal Hour, and

(b) all monies inserted by customers are exhausted and all music or other material selected has been played or completed by the Terminal Hour;

Note: C.19 added on 10 February 2009.

Note: Condition D.1 is a mandatory condition which the Board cannot vary or dis-apply (The Licensing Conditions (Late Opening Premises) (Scotland) Regulations 2007, No. 336). It applies to Late Opening Premises and Exempt Late Opening Premises.

Where Premises open after 1.00 a.m. only because of an extension (e.g. festive hours) then the 'plastic glasses' and 'door supervisor' Conditions do not apply, but the First Aider Condition and 12.30 curfew still apply (see Condition C.17).

A person trained to the satisfaction of the Licensing Board in administering first aid must be present on the Premises from 1:00 am (on any day when the Premises are open at that time) until whichever is the earlier of–

(a) the time at which the Premises next close; and

(b) 5am

D.2.1 During the Late Opening Hours:

(a) All drinks (alcoholic or not) should be served in plastic receptacles with the appropriate crown stamp or CE mark;

(b) No glass bottles (whether open or sealed, and whether containing alcoholic drink or not) should be given to customers, whether at the bar or by staff service to any area away from the bar, except that glass bottles may be supplied sealed where they are supplied for consumption off the Premises;

(c) where necessary (e.g. where it is not practicable to use non-glass bottles, such as plastic RTDs) any drinks sold in bottles should be decanted into plastic receptacles before being served to the customer.

D.2.2 These Conditions shall not apply:

(a) to Late Opening Premises operated exclusively as a restaurant, or any part of such Premises which is set aside permanently and exclusively for use as a restaurant, in which the sale or supply of alcoholic liquor is solely to persons taking table meals there, or as an ancillary to the table meals. Where this exemption applies to part only of the Late Opening Premises, the licensee shall ensure that no alcoholic liquor or other drink is taken from the exempted area to any other parts of the Premises unless the alcoholic liquor or other drink is contained in plastic receptacles;

(b) to Late Opening Premises which operate principally as a hotel and which include at least four apartments set apart exclusively for the sleeping accommodation of travellers;

(c) to particular Premises, where the Board has directed that these Conditions shall not apply.

D.3.1 Door Supervisors:

(a) must hold the relevant qualifications under the Private Security Industry Act 2001;

(b) must be properly trained and sufficient in number, both inside and outside the Premises according to the nature and extent of the licensable activities carried on;

(c) must be required to vet, regulate and control persons entering or leaving the Premises who appear to have had too much to drink and/or who appear inclined to disorder (excluding such persons where appropriate);

(d) must be required to monitor persons on the Premises for excessive consumption of alcohol and/or who exhibit the potential for disorder (ejecting such persons where appropriate).

D.3.2 Where staff have reason to believe that a customer has committed an offence, the staff shall immediately notify the Police.

D.3.3 Substances and objects which are recovered by staff during searches of Premises and customers shall be retained and delivered to the Police.

D.3.4 The Licensee shall maintain a log which shall record:

(a) the staff on duty, and

(b) incidents:

(i) of crime or disorder;

(ii) of persons ejected from the Premises;

(iii) results of any searches for illegal drugs or weapons (whether anything found or not)

(c) Reports to the Police (the date, time and nature of the report shall be recorded)

D.3.5 A written policy should be available to staff stating the signs that a person is too far under the influence of alcohol (for example: impairment of speech and movement; loss of memory), and staff should be instructed to refuse service when they have reason to believe that a customer is too far under the influence of alcohol.

No customer shall be permitted entry (on payment or not) after 00.30 a.m..

Note: These conditions apply to premises such as night-clubs and dance-halls, and to Premises which provide late night entertainment. Conditions E.1 to E.5 are mandatory conditions which the Board cannot vary or dis-apply (The Licensing Conditions (Late Opening Premises) (Scotland) Regulations 2007, No. 336)

E.1 A designated person who is the holder of a Personal Licence must be present on the Premises from 1:00 am (on any day when the premises are open at that time) until whichever is the earlier of–

(a) the time at which the Premises next close; and

(b) 5:00 am or such other time as the Licensing Board may specify.

E.2 There must be written policies in existence concerning–

(a) the evacuation of the premises; and

(b) the prevention of the misuse of drugs on the premises.

E.3 A CCTV system must be installed on the Premises to the satisfaction of the appropriate chief constable and must be kept in good working order.

E.4 There must be persons responsible for checking on the safety and wellbeing of persons using any toilet facilities on the Premises.

E.5 A person who holds a Licence granted under section 8 of the Private Security Industry Act 2001 must be positioned at every entrance to the premises from 1:00 am (on any day when the premises are open at that time) until whichever is the earlier of– (a) the time at which the Premises next close; and

(b) 5:00 am or such other time as the Licensing Board may specify.

(a) This part applies to entertainment provided by performers; or provided by the display of TV, DVD or film.

(b) This Part does not apply to entertainment which is entirely provided by bona fide customers of the Premises, e.g. karaoke.

The entertainment provided on the Premises must be on a continuous basis with breaks of not more than 15 minutes in any one hour;

(a) Any public notices or advertisements relating to the Premises or the entertainment may advertise:

(1) the Premises,

(2) the entertainment,

(3) the entertainment's commencement time and

(4) the price of entry to the Premises.

(b) Any such public notices or advertisements:

(1) shall not advertise the Terminal Hour for the Premises;

(2) may depict performers, but only if clothed.

F.4.1 Admission of customers to the Premises shall be on condition that they have paid for admission to the entertainment.

F.4.2 No member of the public shall be admitted to the Premises if any member of staff (including the staff supervising the door) have reason to believe that:

(a) he is drunk;

(b) he is carrying a container of drink (alcoholic or not, and sealed or not);

(c) he is in possession of any drug prohibited under the Misuse of Drugs Act 1971;

(d) he is in possession of any offensive weapon.

F.4.3 The Licensee shall maintain a system to control admission to the Premises so as, so far as reasonably practicable, with a view to detecting and excluding members of the public who should not be admitted to the Premises;

F.4.4 When the Licensee or any member of staff acquires information indicating that a customer has committed an offence or should not have been admitted to the Premises, the Licensee shall immediately:

(a) inform the Police; or

(b) eject the customer and inform the Police.

These Conditions apply to Premises where the Operating Plan states that they offer 'adult entertainment' as defined by the Licensing Conditions (Late Opening Premises) (Scotland) Regulations 2007, No. 336 (regardless of the times involved) -

‘any form of entertainment which–

(a) involves a person performing an act of an erotic or sexually explicit nature; and

(b) is provided wholly or mainly for the sexual gratification or titillation of the audience.’

(a) No performer below the age of 18 shall be engaged;

(b) The licensee must maintain a register of performers engaged to perform in the Licensed Premises, and update this prior to a performer performing;

(c) The register must show the name, age and current address of the performer;

(c) The licensee must require photographic proof of identity for each performer;

(d) In the case of performers who are not citizens of the United Kingdom, the licensee:

(1) must see their passport and record in the register the Passport number;

(2) must take reasonable steps to ensure that there are no restrictions on the performer’s entitlement to stay and work in the United Kingdom.

The licensee must provide suitable changing facilities for the performers to comply with the following basic standards:-

(a) the facilities must have a minimum floor area of 1.86m² per performer engaged to perform at any one time;

(b) the facilities must be secure, private and for single sex use only and should not be accessible by customers;

(c) the facilities must be located near to, but not within, sanitary conveniences;

(d) the facilities must include private and lockable storage units for each performer for the safe-keeping of valuables and clothing;

(e) the facilities must include a plentiful supply of wholesome chilled drinking water for all performers.

G.4.1 Performers must only perform in open public areas within the Licensed Premises;

G.4.2 All performance areas must at all times be appropriately stewarded and covered by CCTV cameras;

G.4.3 Performers’ genitalia must be covered at all times;

G.4.4 There must be no touching between performers and customers at any time during a performance, except for necessary hand-to-hand contact during payment of money at the conclusion of the performance;

G.4.5 Performers remaining in the public areas before, following or between performances must be clothed at all times with no exposure of breasts or genitalia;

G.4.6 Performances involving the removal of clothing must not be visible from outwith the premises.

G.5.1 The Licensed Premises must be appropriately stewarded by personnel who are licensed by the Security Industry Authority in terms of the Private Security Industry Act 2001.

G.5.2 Licensed stewards must be provided in all public dance areas in addition to the entrance to/exit from the premises.

All public dance areas, entrances and exits must be monitored constantly by CCTV whilst the Premises are open to the public;

The Conditions in Part X as to CCTV apply without being specifically applied to the Premises by the Board.

G.7.1 The Premises must be subject to a fire Risk Assessment to the standard of Fire Precautions (Workplace) Regulations 1997 as amended. This assessment must be recorded and kept available for inspection by a duly authorised fire safety officer of Strathclyde Fire & Rescue.

G.7.2 All dance areas and the changing facilities provided for performers:

(a) must be mechanically ventilated with fresh or purified air. There must be at least 10 air changes per hour;

(b) must be maintained with a minimum temperature of 25 Celsius / 72 Fahrenheit;

(c) must contain clearly visible wall-mounted thermometers;

(d) must have permanent heating (not portable LPG heaters).

G.7.3 All dance areas, changing facilities provided for performers and sanitary conveniences must have lighting of a sufficient standard to enable performers and others to move around safely, and to enable clear recording of images by CCTV;

G.7.4 All parts of the Licensed Premises to which performers have access, including dance areas, changing facilities provided for performers and floors, walls and ceilings, any furniture, fittings, etc., must be kept clean;

G.7.5 Sanitary conveniences must be provided in accordance with the requirements of the Workplace (Health, Safety & Welfare) Regulations 1992 and the currently Approved Code of Practice made thereunder;

G.7.6 The sanitary conveniences must be for the exclusive use of staff and performers and must provide privacy and security for changing and from intrusion by members of the opposite sex and from customers;

G.7.7 Wash hand basins and showers must be provided in accordance with the requirements of the Workplace (Health, Safety & Welfare) Regulations 1992 and the currently approved Code of Practice made thereunder. Such facilities must be for the exclusive use of staff and performers and must have a supply of warm, or hot and cold water and provide privacy and security from intrusion by members of the opposite sex and from customers.

G.7.8 Washing facilities must be provided in the immediate vicinity of the sanitary conveniences and the changing facilities;

G.7.9 Every floor used for dancing or for access to the dancing areas must be of a construction suitable for the intended uses and must be kept free from obstruction and from any substance that may cause a performer to trip or slip;

G.7.10 Eating facilities to include a table, chairs, kettle and sink with hot and cold water must be provided and be accessible to only staff and performers and comply with the Food Hygiene (Scotland) Regulations 2006.

Note: Conditions H.1 to H.6 are mandatory conditions required by the 2005 Act, Schedule 4. The Board has no power to vary or dis-apply them.

H.1.1 Alcohol is to be sold on the Premises only in accordance with the Licence;

H.1.2 Any other activity to be carried on in the Premises may be carried on only in accordance with the description of the activity contained in the Licence;

H.2.1 Where an Occasional Licence is issued to the holder of a Premises Licence or Personal Licence, every sale of alcohol made on the Premises to which the Licence relates must be authorised (whether generally or specifically) by the holder of a Personal Licence;

H.2.2 Subject to Condition H9, that person does not require to be present on the Premises at the time any sale of alcohol is made;

H.2.3 Condition H.2.1 does not apply to Clubs.

Where an Occasional Licence issued to a representative of a voluntary organisation, alcohol may be sold on the Premises only at an event taking place on the Premises in connection with the voluntary organisation’s activities.

Where the price at which any alcohol sold on the Premises is varied—

(a) the variation (referred to in this paragraph as ‘the earlier price variation’) may be brought into effect only at the beginning of a period of Licensed hours, and

(b) no further variation of the price at which that or any other alcohol is sold on the Premises may be brought into effect before the expiry of the period of 72 hours beginning with the coming into effect of the earlier price variation.

H.5.1 These Conditions apply to any ‘drinks promotion’ (any activity which promotes, or seeks to promote, the buying or consumption of any alcohol on the Premises);

H.5.2 An irresponsible drinks promotion must not be carried on in or in connection with the Premises.

H.5.3 A drinks promotion is irresponsible if it—

(a) relates specifically to an alcoholic drink likely to appeal largely to persons under the age of 18,

(b) involves the supply of an alcoholic drink free of charge or at a reduced price on the purchase of one or more drinks (whether or not alcoholic drinks),

(c) involves the supply free of charge or at a reduced price of one or more extra measures of an alcoholic drink on the purchase of one or more measures of the drink,

(d) involves the supply of unlimited amounts of alcohol for a fixed charge (including any charge for entry to the Premises),

(e) encourages, or seeks to encourage, a person to buy or consume a larger measure of alcohol than the person had otherwise intended to buy or consume,

(f) is based on the strength of any alcohol,

(g) rewards or encourages, or seeks to reward or encourage, drinking alcohol quickly, or

(h) offers alcohol as a reward or prize, unless the alcohol is in a sealed container and consumed off the Premises.

Paragraphs (b) to (d) apply only to a drinks promotion carried on in relation to alcohol sold for consumption on the Premises.

H.6.1 Tap water fit for drinking must be provided free of charge on request;

H.6.2 Other non-alcoholic drinks must be available for purchase at a reasonable price;

H.6.3 These conditions apply only to the extent that the Occasional Licence authorises the sale of alcohol for consumption on the Premises.

H.7.1 In this condition “temporary structure” includes marquee or tent.

H.7.2 Where a temporary structure is used:

(a) Alcohol must only be consumed within

(1) the temporary structure or

(2) a roped area beside it reserved exclusively for this purpose;

(these two areas are together the licensed area). The roped area shall not exceed in size the equivalent of one-half the floor area of the temporary structure itself.

(b) The Licence Holder shall follow the instructions of any officer of North Ayrshire Council prior to and throughout the duration of the Occasional Licence.

Note: H.7 was amended by the Board on 10 February 2009.

Where the event for which the Occasional Licence is sought also requires a Licence or Permission under a statute other than the Licensing (Scotland) Act 2005 (for example, a Public Entertainment Licence or a Late Night Catering Licence the Civic Government (Scotland) Act 1982), then the Licensee shall comply with any condition of that other Licence or Permission.

The Licence Holder:

(a) shall provide adequate stewarding to enforce all conditions.

(b) shall ensure that either he or a member of staff has received the same training as is required of Personal Licence holders under section 87 of the Act;

(c) shall ensure that either he or that trained member of staff is present at the Premises throughout the duration of the Licence.

Note: H.9 was amended by the Board on 10 February 2009.

The following conditions shall apply:

(a) children under 14 years must be excluded from the bar area;

(b). no alcohol is to leave the licensed area;

(c) No glasses shall be used. All drinks (alcoholic or not) shall be decanted into paper or plastic containers.

Note: H.10 was added by the Board on 10 February 2009.

These Conditions apply to Clubs which are entitled to the limited exemptions from the Act allowed by Section 125.

Note: An organisation which calls itself a Club, but which does not qualify under Section 125, is subject to the same conditions which apply to any other On-sales Premises, like a Public House (for example, requiring a Premises Manager).

The Club shall have, and while the Premises Licence has effect, shall maintain, a written constitution making the following provisions:

(a) That the business and affairs of the club shall be under the management of a committee or governing body who shall be elected for not less than one year by a general body of members;

(b) That the committee or governing body shall hold periodic elections and meetings;

(c) That correct accounts and books shall be kept showing the financial affairs and intromissions of the club;

(d) That no member of the committee or governing body and no manager or staff employed in the club shall have any personal interest in the sale of alcoholic liquor in the premises or in the profits arising from;

(e) That there shall be a definable subscription payable in advance by members of the club;

(f) That no persons shall be allowed to become honorary or temporary members of the club or be relieved of the payment of the regular entrance fee or subscription, except those possessing certain qualifications defined in the constitution;

(g) That a maximum of 3 visitors per member shall be permitted in the club premises provided they are signed into the club by that member into a book kept for that purpose by the club.

I.3 Clubs must also ensure their constitution, accounts and entry book are available for inspection by a Licensing Standards Officer, Police Constable, or anyone authorised by North Ayrshire Licensing Board or North Ayrshire Council.

I.4.1 Prior to the grant of the Premises Licence, the Club shall give the Board and the Police a copy of the Constitution of the Club and a written statement (for each office-bearer) of his full name (including any middle names); any name by which he has been known in the past; his date of birth; and his address.

I.4.2 Where any change is made to the Constitution of a Club, or where the names or identities of the office-bearers change, then within seven days after the change the Board and the Police shall be given a copy of the new Constitution or a written statement as in Condition I.4.1.

Part J was added on 10 February 2009.

J.1. In this Part, 'Club' means any undertaking which operates Premises primarily providing entertainment:

(a) whatever the title or description of the undertaking, and

(b) regardless of whether or not the undertaking has a constitution or rules which restrict access to the Premises to members and their guests, and

(c) regardless of whether or not the undertaking would be regarded as a 'Club' to which Section 125 of the Licensing (Scotland) Act 2005 applies.

J.2. The sale and supply of alcoholic liquor shall at all times be ancillary to the entertainment provided on the Premises and described in the Operating Plan.

J.3. The following requirements must be observed:

(a) The Licence Holder must ensure that during the Core Hours the facilities of the Club are used only by Members of the Club and their guests;

(b) The Licence Holder must ensure that:

(i) on each occasion a Member enters the Club the Member records his name, address and Membership Number in a book kept for that purpose;

(ii) that a Member who introduces a guest in the Club records the name and address of the guest, and the date and time of admission, in the book; and

(iii) a Member is not permitted to introduce into the Club more than three guests in any period of Core Hours.

J.4. Where the primary function of the Premises is the provision of facilities for playing Bingo:

(a) any additional entertainment shall at all times be ancillary to bingo.

(b) The additional entertainment shall take place only on a day where bingo has first been played and at the conclusion of the playing of bingo.

(c) No person shall be admitted to the premises at the conclusion of the bingo.

These Conditions apply only where the Board directs (or where applied by other Conditions)

(a) The Licence Holder shall install and maintain a CCTV system which shall cover all parts of the Premises and any Outside Drinking Area to which the public have access (other than toilets), the entrances and exits, stages and performance areas;

(b) CCTV must be of a high quality to ensure that individuals may be clearly identified;

(c) The Licence Holder shall ensure that at all times a member of staff who is able to operate the system, and to display recordings on request, is on the Premises;

(d) The Licence Holder shall retain recordings for not less than one calendar month, and when specially requested by the Police or Board, for the specified period or until a specified event occurs.

(e) The Licence Holder shall when requested provide facilities for Police or the Board to view the recordings;

(f) The Licence Holder shall provide the recordings for use in proceedings in Court or before the Board.

(a) Where Premises are Licensed before 11.00 a.m., then throughout the period until 11.00 a.m. the Premises shall be open and shall provide the facilities specified by the Board when issuing the licence;

(b) Notwithstanding any direction given by the Board in relation to Early Opening Premises, no Outside Drinking Area is permitted to operate earlier than 11.00 a.m.. An Outside Drinking Area is ‘operated’ when it is occupied by one or more customers, regardless of whether they are consuming alcohol, food or drink or smoking.