9. Appendix E - standard sex entertainment venue licensing conditions
- The Licensee must remain in personal control of the premises at all times or nominate an individual in writing over the age of 18 with the authority to organise/arrange/facilitate activities within the Premises.
Management Operation Manual (a guide to the safe operation of the venue including safety and security information)
- The Licensee must produce a Management Operation Manual detailing all aspects of procedure when the premise is operating the relevant entertainment. This document shall be regularly reviewed and be available for inspection by East Devon District Council, Police or Civilian Police Licensing officers upon request.
- Control measures must be in place as part of the Management Operation Manual to ensure the safety of performers when they leave the premises following a period of work.
House rules (a guide to the acceptable conduct of customers and performers)
- The Premises must provide a copy of its house rules or any revisions to the council and the police before the premises open under its sex establishment licence.
- The Licensee must ensure that all performers and staff, including door supervisors, shall be made aware of the house rules.
- All dancers, staff and door supervisors shall read a copy of the house rules relating to operating relevant entertainment. They shall sign and date a copy which shall be retained by the premises as part of their due diligence. They shall be available for inspection by East Devon District Council, Police or Civilian Police Licensing Officers upon request.
- A clear copy of these conditions and the House Rules shall be exhibited at all times in or near the performer’s changing room(s) in such a manner as they can be read by the performers. These conditions shall be protected against theft, damage or defacement.
- A large print copy of the House Rules must be clearly displayed at the entrance/lobby of the premises and each customer shall be advised of the house rules prior to entry.
- House Rules on the performance of relevant entertainment will be displayed throughout the premises and be clearly visible to customers. This will include any private individual booth area. The use of table/bar notices or prominent signage throughout the premises would be satisfactory.
- The Licensee shall ensure that all performers and all staff working within the sexual entertainment venue, if not a United Kingdom citizen, hold the required Work Permit.
- Performers shall be aged not less than 18 years. The Licensee must maintain adequate records of the names, addresses and dates of birth of performers including adequate identity checks using recognised photographic documentation, such as a passport or driving licence. Copies of these documents must be retained by the premises licence holder from the date of the start of employment for at least 12 months after the performer left the licence holder’s employment.
- A log book shall be maintained on the premises detailing the names, start and finish times, of the individual performers involved in all forms of adult entertainment.
- Performers must remain clothed in public areas and all other areas except while performing in areas specified by the council as where sexual entertainment may be provided.
- No performer shall be allowed to work if, in the judgement of the management, they appear to be intoxicated or under the influence of illegal substances.
- Performers must get dressed at the end of each performance to the extent that their breasts and genitals are fully covered.
- Performers shall not accept any telephone number, email address, address or contact information from any customer.
- Performers shall only perform on the stage area, to seated customers or in such other areas of the licensed premises as may be agreed in writing with the Council.
- There shall be no physical contact between customers and the performers except for the placing of money or tokens into the hands of the dancer or into an arm band, waistband, garter or similar receptacle at the beginning or conclusion of a performance.
- Customers must be seated in an upright position against the back of the booth or seat with either their hands by their sides or under their buttocks (sitting on their hands), depending on the house rules, before a dancer can start a table or private dance.
- Performers must not:
- Climb onto any furniture unless provided as an on stage prop for the purpose of their performance
- Simulate any sex acts
- Undertake any performance involving a sex act with any other performer, persons in the audience or any object
- Use inappropriate, suggestive or sexually graphic language at any time
- In the event of the relevant entertainment being performed for private viewing, the customer shall be informed of the duration and price of the relevant entertainment, and the details shall be specified in a clearly visible notice in each area designed for private relevant entertainment.
- Any individual employed on the Premises to conduct a security activity (within the meaning of section paragraph 2(1)(a) of schedule 2 to the Private Security Industry Act 2001) must be licensed by the Security Industry Authority or any replacement organisation.
- An adequate number of registered Door Supervisors shall be on duty on the premises whilst relevant entertainment takes place. There shall be at least one door supervisor on each entrance and in each separate part of the Premises. Provision must also be made for the security of performers, with either a door supervisor located at the entrance to the changing rooms or a secure entry mechanism such as a PIN door lock installed on the changing room door.
- No person under the age of 18 shall be admitted to the Premises. Customers who appear to be under the age of 25 must be asked to provide approved photographic proof of their age, for example, passport, driving licence or pass-scheme. The Licensee must provide prominent notices at each entrance to the Premises to this effect.
- No customer shall be admitted to the Premises if, in the judgement of the management or the SIA door staff, they appear to be intoxicated, or under the influence of illegal substances.
- Customers may not dance at any time except in areas specifically designated by the Council as being separate from areas for sexual entertainment.
- Customers must remain appropriately clothed at all times.
Closed Circuit Television (CCTV)
- CCTV must be installed, operated and maintained to the satisfaction of the East Devon District Council and the chief officer of police in accordance with the requirements set out in the council's Sex Establishment Licensing Policy.
- CCTV images must be retained for a minimum of 14 days and be produced on the request of the Police or a Licensing Officer of the East Devon District Council. Recording media must be set to 25 frames per second.
- The CCTV system must be operational at all times whilst the premises are trading. If the system is faulty or not working then the police and East Devon Licensing Service must be informed immediately. Details of the malfunction must be recorded in the premises incident book.
- A4 sized warning notices must be displayed in public areas of the premises and at all entrances advising that CCTV is in operation. The signs located at entrances should be located on the exterior of the building at, and adjacent to, all public access doors. All signs must comply with the requirements of the Data Protection Act 2002.
- CCTV shall be installed and maintained in all private performance areas to the satisfaction of the East Devon District Council and the Chief Officer of Police in accordance with the requirements set out in the Council's Sex Establishment Licensing Policy.
- Other than recordings made in accordance with the conditions relating to CCTV, no filming, recording or electronic transmission of performances shall take place without the prior consent of the Licensing Authority.
Layout of premises and safety of performers
- The approved activities shall only take place in the areas designated by the Licensing Authority.
- A suitable system must be installed to ensure the safety of performers whilst in private booths. This should include a combination of CCTV and door supervisors and be fully documented as part of the Premises Management Operation Manual. Where the Premises is unable to satisfy East Devon District Council and/or the Police that the measures in place adequately protect performers, then all dance booths used as part of the approved activities must be equipped with a panic alarm for safety. Procedures shall be put in place to ensure that this alarm system is monitored at all times during approved entertainment.
- The licensee shall ensure to the council’s satisfaction (including, where required, necessary planning or building control consents) that the interior of the premises is not visible from the outside of the Premises, and that the exterior is maintained to a satisfactory level of decorum. At no point may dancers be visible from outside of the Premises.
- The Licensee shall ensure that any occupancy limits set by East Devon District Council are not exceeded whilst sexual entertainment takes place on the Premises.
- Information shall be clearly displayed within the internal exit areas of all sexual entertainment venues, reminding customers to behave in a responsible and appropriate way towards all persons, after leaving the venue.
- The Licensee shall ensure that neither they nor any person promoting or providing entertainment on the Premises (nor any person acting on behalf of any such person) shall display advertisements promoting the entertainment or the Premises in any unlawful manner.
- Where the Council has given notice in writing to the Licensee objecting to an advertisement on the grounds that, if displayed, it would offend against good taste or decency or be likely to encourage or incite crime or to lead to disorder or to be offensive to public feeling, that advertisement shall not be displayed.
- The licensee shall not permit the display outside of the Premises of photographs or other images which indicate or suggest that striptease or similar entertainment takes place on the premises and which may be offensive.
- The Licensee shall ensure that neither they nor any person promoting or providing entertainment on the Premises (nor any person acting on behalf of any such person) shall distribute flyers direct to residential premises, advertising the venue.
- The Licensee shall provide in a timely fashion copies of any documents reasonably required by an authorised officer of the council in relation to compliance with this Licence.