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Fire Safety and the Licensing Act 2003

This guidance note is for the benefit of persons applying for Premises Licences under the Licensing Act 2003. It provides guidance on how to complete the Operating Schedule with regard to Public Safety and how to produce the plan.
 
The information contained within this note is for guidance only. It is not a full and authoritative statement of the law and does not constitute legal advice.
 
The note does not replace, extend, amend or alter in any way the statutory provisions of the Licensing Act 2003 or any subordinate legislation made under it or statutory guidance issued in relation to it.

Operating schedule– public safety

Dorset Fire and Rescue Service (DFRS) expect to see, in the Operating Schedule relating to Public Safety, a statement of commitment by the applicant to provide and maintain adequate fire safety measures, according to the risk of the premises and the activity taking place.
 
A suitable example of a statement would be: The fire safety measures with which the premises are provided, will be maintained in good working order, and their adequacy will be determined on a regular basis, by the carrying out of a fire risk assessment, as required by, and in accordance with the Regulatory Reform (Fire Safety) Order 2005. I understand that the safety of occupants is also influenced by numbers of persons present, their disposition and the activities taking place, and therefore undertake to maintain a safe occupancy level.
 
Applicants/responsible persons may wish to refer to the guidance provided by the Department for Communities and Local Government Publications:
PO Box 236
Wetherby
West Yorkshire
 LS23 7NB
 
Tel: 0870 830 7099 or
on DCLG website at www.firesafetyguides.communities.gov.uk.

Provision of Plans

Applications for Premises Licences or Club Premises Certificates must be accompanied by a plan of the premises to which the application relates. The plan(s) must:
  • Be drawn to the scale of 1 centimetre representing 100 centimetres for all internal areas and 1:500 for external areas, unless the licensing authority has previously confirmed in writing to the applicant that an alternative scale plan is acceptable to the licensing authority.

  • Show the location of the extent of the boundary of the building, if relevant, and any external and internal walls which comprise the premises or in which the premises is comprised.

  • Show the location of any exits from the premises.

  • Show the location of any escape routes from the premises, and door opening direction.

  • Show the locations in the premises where the licensable activity is to take place and, if more than one licensable activity is to take place, where each licensable activity is to take place.

  • Where the supply or sale of alcohol for consumption on the premises is to take place, show the location where the consumption of alcohol is to take place.

  • Show fixed structures which are impediments to movement.

  • Show the location, and height, of any stage or raised area.

  • Show the location and type of the fire safety measures (fire alarm and detection, escape lighting, fire doors, signs, fire fighting equipment).

  • Show the location of any kitchens on the premises. These details are important in making it clear which premises or parts of premises have been licensed if the application is granted; and to enable responsible authorities and interested parties to better consider the adequacy of any operating schedule.

Occupancy Capacity

With some exceptions (such as, Off-Licences) the establishment of an acceptable occupancy capacity for licensed premises (or events) is considered to be an essential factor in the achievement of the licensing objective "Public Safety". Providing there have been no material alterations, occupancy capacities determined under previous legislation are unlikely to be questioned.

For premises with no previously determined occupancy capacity, Dorset Fire and Rescue Service (DFRS) will expect it to be considered and addressed by the applicant, within their operating schedule, based on the following criteria:

  • number of exits
  • overall floor area
  • means of escape
  • activity taking place.

If the maximum use is to be made of the premises, the available exits should be of sufficient number and width to permit safe evacuation of the proposed capacity. Regard should also be given to the needs of disabled persons.

For more detailed advice on occupancy capacities, reference should be made to best practice guidance (for example; guides available at the above website or The Event Safety published by the Health and Safety Executive and a Guide to Safety in Pubs published by British Beer and Pubs Association). Where the maximum occupancy is likely to be reached (such as, on known busy evenings) and particularly where a special event or promotion is planned, the applicant is expected to detail the additional arrangements that will be put in place, ensuring the maximum occupancy is not exceeded.

The requirement to provide monitoring arrangements should be determined by carrying out a risk assessment and recorded in the operating schedule. If this is necessary, applicants are expected to demonstrate in their operating schedule, suitable and sufficient measures are identified, implemented and maintained to ensure public safety, relevant to the individual style and characteristics of their premises and events. 

Fire Safety Checks

The following information does NOT have to be included with the application. It is provided to assist applicants with fire safety matters in their premises. The adequacy of existing fire safety measures in a premises is determined by the carrying out of a fire risk assessment.

The following checks (although not exhaustive) have been compiled to enable applicants to address and manage the fire safety measures in their premises. The responsible person carrying out the checks should ask themselves:

  • Has a fire risk assessment been carried out?

  • Has the maximum occupancy of the premises been determined?

  • Are all escape routes properly maintained and free from obstructions, goods or any materials that constitute a hazard to the route?

  • Are all stairways, corridors and lobbies kept free from combustible storage and furniture and so on at all times? Are all stairways, ramps and steps comprising part of the means of escape maintained in a safe condition with even and non-slippery surfaces, with all floor coverings secured in position?

  • Are all self closing doors (other than those held open automatically) maintained self closing at all times and not provided with any means of keeping them in the open position?

  • Are there any fire doors held open with automatic devices?

  • Do they close automatically upon operation of the fire alarm?

  • Are all exit doors, through which a person may have to pass, unlocked and free to open for persons leaving the premises?

  • Are arrangements in place so that persons with mobility difficulties are able to leave the premises safely in the event of fire?

  • Are all floors, walls and ceilings kept in a satisfactory state of repair?

  • Are all surface finishing’s on walls, partitions and ceilings of such a standard to minimise fire spread?

  • Is all fire fighting equipment readily available for use?

  • Is all fire fighting equipment tested and maintained in efficient working order according to the appropriate standard?

  • Is the fire alarm readily available for use? Note: The means for giving warning in case of fire, such as, the provision or otherwise of a fire alarm system should be determined by a fire risk assessment.

  • Is the fire alarm tested and maintained in efficient working order according to the appropriate standard?

  • Is the escape lighting readily available for use?

  • Is the escape lighting tested and maintained in efficient working order according to the appropriate standard?

  • Are all persons employed in the premises given instruction and training in the action to be taken in case of fire?

  • Are records of all electrical tests and fire drill training maintained?

  • Are all notices, signs and fire exit signs legible and unobstructed?

  • Is the electrical installation in a good state of repair?

  • If special effects such as lasers, pyrotechnics, smoke machines, foam machines and so on, are to be used, what additional fire safety measures have been provided?

  • For premises with moveable seating (village halls and so on) are adequate gangway widths (1.06m) and seatway widths (305 mm) provided?

Useful websites and telephone numbers

Action for Communities in Rural England - Click on ‘Village Halls’ for details of information sheets.

Department for Culture Media and Sport - Click on ‘Alcohol and Entertainment’.

Telephone contact with Dorset Fire and Rescue Service: 01305 252600