Ipswich Borough CouncilLicensing

LA SOFRE

16 Tacket Street, IPSWICH, Suffolk, IP4 1AY

Completed application 063419 which is a DPS Variation and TRANSFER applications for Premises Licence from 01/08/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the sale by retail of alcohol

Additional Conditions

• Annex 1 - Mandatory Conditions

   

  Where licence authorises the supply of alcohol

   

  1.                            No supply of alcohol may be made under the premises licence-

  (a)               at a time when there is no designated premises supervisor in respect of the               premises licence, or

  (b)               at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  2.              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  Door Supervision

   

  Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must be licensed by the Security Industry Authority.

  Where the licence authorises the exhibition of Films

   

  1.              The admission of children to the exhibition of any film must be restricted in accordance with this section.

   

  2.              Where the film classification body is specified in the licence, unless subsection (3) (b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

   

  3.              Where-               (a)               the film classification body is not specified in the licence, or

  (b)               the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  4.              In this section- "children" means persons aged under 18; and "film classification body" means the person or persons designated as the authority  under section 4 of the Video Recordings Act 1984 (c.39)  (authority to determine suitability of video works for classification).

   

   

  The Licensing Act 2003 (Mandatory Licensing Conditions)

  (Amendment) Order 2014

   

  1.                (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

  (2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-

  (a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-

  (i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

  (ii) drink as much alcohol as possible (whether within a time limit or otherwise);

  (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

  (c) provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

  (d) selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

  (e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

   

  2.                The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  3.                (1)  The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

  (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

  (3) The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either-

  (a) a holographic mark, or

  (b) an ultraviolet feature.

   

  4.                The responsible person must ensure that-

  (a) where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures-

  (i) beer or cider: ½ pint;

  (ii) gin, rum, vodka or whisky: 25 ml or 35 ml; and

  (iii) still wine in a glass: 125 ml;

  (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

  (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

   

  Conditions as specified by order of the Secretary of State under S19A of the Licensing Act 2003

  Conditions effective from 28th May 2014

   

  (1)              A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

  (2)              In this condition:-

  (a)              “permitted price” is the price found by applying the formula P = D + (D x V), where-

  (i)              P is the permitted price,

  (ii)              D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

  (iii)              V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

  (b)              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

  (c)              “relevant person” means, in relation to premises in respect of which there is in force a premises licence-

  (i)              the holder of the premises licence,

  (ii)              the designated premises supervisor (if any) in respect of such a licence, or

  (iii)              the personal licence holder who makes or authorises a supply of alcohol under such a licence;

  (d)              “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

  (e)              “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

  (3)              Where the permitted price would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.

  (4)              1) Where the permitted price on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

  2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

   

• Annex 2 - Conditions consistent with the Premises Operating Schedule

   

  Prevention of Crime & Disorder

   

  Door Supervisors

  1.              I will ensure that all door supervisors who are on duty complete an attendance book, at the beginning of each shift that they are working (or not later than one hour after they start               work), with their full name and SIA licence number.

   

  CCTV & Communication

  2.              I will put up notices advising that CCTV has been installed on the premises so that they are clearly visible to the public within the licensed premises.

  3.              I will keep auditable records relating to the operation of the CCTV system and staff training in this respect. 

   

  Bottles and Glasses

  4.              Where glass bottles are used, they will be retained or disposed of on the premises.

  5.              I shall ensure that customers are not permitted to take opened bottles or glasses out onto the public highway, during times, for example, when they are complying with the               provisions of the smokefree regulations or making use of any pavement café permission held by the licensed premises.

   

  Proof of Age Cards

  6.              I will ensure that any person selling or supplying alcoholic drink under the authority of a personal licence holder asks for a photo ID proof of age where they have reason to suspect               that the individual may be under 18 years of age.

   

  Prohibited Substances

  7.              I will implement a policy agreed by the Police and local authority (for more information on this you can refer to the “Safer Clubbing Guide”) 

   

  Notices

  9.              I shall ensure that public information notices about crime and disorder issues are displayed at the request of the Council or the Suffolk Constabulary.

                (e.g. Customer Code of Conduct)

  10.              I will display any restrictions on the admittance of individuals according to age (e.g.               Children) on or immediately outside the premises.

  11.              I will display any conditions of entry to the premises in the vicinity of any entrance to the premises.

   

  Crime Prevention Schemes

  12.              I shall participate in the local pubwatch/nightsafe scheme operating in the Borough/District

   

  Lighting

  13.              I will ensure that lighting is provided outside the premises (and in my private car park) during the hours of darkness when any licensable activity takes place on the premises.

   

  Public Safety

   

  Curtains, Hangings, Decorations and Upholstery

  14.              I will make sure that Temporary decorations are not used without prior notification to the licensing authority/fire authority.

   

  Access for Emergency Vehicles

  15.              Access for emergency vehicles is kept clear and free from obstruction

   

  First Aid

  16.              I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises

  17.              I will make sure that at least one trained first aider will be on duty when the public are present

  18.              If more than one first aider is present, I will make sure that their respective duties are clearly defined

   

  Public Liability Insurance

  19.              I will make sure that I have valid public liability insurance in force and that a copy of the schedule is available for inspection by an authorised officer on request.

   

  Special Effects

  20.              I will give prior notification to the Licensing and/or Fire Authority when I intend to use any of               the following special effects:

  Dry ice machines and cryogenic fog;

  Smoke machines and fog generators;

  Foam cannon/snow machine;

  Pyrotechnics, including fireworks;

  Real flame;

  Firearms;

  Motor vehicles;

  Strobe lighting;

  Explosives and highly flammable substances;

                Lasers; (see HSE Guide The Radiation Safety of lasers for display purposes [HS(G)95] and BS EN 60825;Safety of laser products)                         

   

  General

  21.              I will make sure that staff on the premises monitor and record the number of patrons within the premises.

   

  Balcony Fronts

  22.              I will make sure that clothing or other objects are not placed over balcony rails or upon balcony fronts.

   

  CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)

  23.              I will make sure that where tables and chairs are provided, clear gangways to exits are maintained;

  24.              I will not use portable heating appliances on the premises;

  25.              I will not use any paraffin or other mineral oil in any lamp, stove or other appliance except for cooking purposes;

   

  Prevention of Public Nuisance

   

  Noise and vibration

  26.              I will make sure that Noise or vibration is not noticeable at the façade of any noise sensitive premises and/or residential properties including periodic monitoring;

  27.              I will install and use a noise limiter(s) on amplification equipment following consultation with the Council’s Environmental Health Officers;

  28.              I will display prominent, clear and legible notices at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly;

  29.              I will seek approval from the Licensing Authority (by means of a variation application) prior               to the use of explosives, pyrotechnics and fireworks of a similar nature which could               cause               disturbance in surrounding areas;

  30.              I will make sure that during the final hour of opening the music is discernibly quieter;

  31.              I will not permit the playing of live or recorded music in garden areas of the premises after (please specify time here);

  32.              I will make sure that any request by an authorised officer of the Council in relation to               reducing noise levels is complied with.

  33.              I will ensure that any ventilation system has suitable sound attenuation.

  34.              I will nominate a person to be responsible for monitoring noise levels and instruct that person to implement changes in noise levels in accordance with any request by an               authorised officer of the Council immediately and ensure that volume is maintained at the reduced level.

                (Note: this may be more relevant at an outdoor event)

   

  Noxious smells

  35.              I will ensure that offensive smells from the licensed premises are not permitted so as to cause a nuisance to nearby properties and the premises are properly vented.

  36.              Ensure that receptacles for waste are emptied regularly to minimise nuisance smells.

   

  Light pollution

  37.              External lighting shall be installed and maintained at the licensed premises in order to promote the licensing objectives and I shall liaise with the appropriate  Environmental               Services department to ensure that any lighting is positioned and of such design so as to minimise the risk of causing public nuisance by light pollution.

   

• Annex 3 - Conditions attached after a hearing by the licensing authority

   

  a.              A CCTV system equipped with a digital recording device shall be in continuous use to record time and date stamped images of all monitored areas during all of the opening houses permitted by the licence, whether or not licensable activity is taking place at any given time.
  
  The equipment shall have such number of cameras as necessary to cover all areas where licensable activity takes place, and any public entrance(s) to the Premises.  The number and location of the cameras to be subject to the approval of a designated police or local authority officer.
  
  A member of staff trained and capable of downloading the recorded images from the system to optical disc shall be available to do so during all of the opening hours for the Premises.
  
  Recorded images shall be retained for at least 28 days from the date of recording.

   

  b.              No admission for any customers/patrons/guests will be allowed to the Premises after 0000 hours Sunday to Thursday or after 0100 on Friday and Saturday.

   

  c.              All individuals, without any exception, subject to a local Public Watch Pub Ban will be refused entry and excluded from the Premises for the entire duration of their ban.  All staff will be alert to the banned person(s) and report any attempt that such person(s) make to gain access to the Premises to the police.

   

  d.              It will be the DPS’s responsibility to ensure all staff do not allow any drinking vessels to be removed from the Premises by customers.  Empty drinking vessels will be regularly collected ensuring no accumulation in areas where the public have access and any activities such as the taking out of refuse; including glass bottles must NOT be carried out between 2300 hrs and 0700 hrs.

   

  e.              All instances of drunkenness, disorder, drug use or violence will be challenged, resulting in the ejection or retention of the individual(s) and their permanent exclusion from the Premises in future.

   

  f.              Consumption of alcohol will be restricted to the licensable area granted on the Premises licence.  For the avoidance of doubt, no alcohol is to be taken outside and consumed in the smoking area or any other designated by the Premises for use by their customers, not indicated on the Premises plan for licensable activities.  Off sales will not be permitted.

   

  g.              The volume control of any amplification equipment being used on the licensed Premises shall be under the direct control of the DPS/Manager, or another responsible individual nominated by the DPS, on all occasions.  At the direct request of an authorised officer of the Local Authority or Police, the volume level shall be decreased.

   

  h.              Doors and windows will be kept closed to reduce noise nuisance from the Premises except when needed for ingress and egress.  All escape routes and emergency exit routes from the licensed Premises will be kept clear of any obstruction and escape doors will be regularly checked to ensure that they are operational.  A signed endorsement that these checks are taking place must be kept on the Premises and presented on demand to an authorised officer.  The climate controlled air conditioning system to be maintained in good working order.

   

  i.              The Premises Licence Holder will provide on the licensed Premises a secure deposit box to retain any confiscated items, and will notify the Police of any items requiring safe disposal.

   

  j.              Any waste or litter at the perimeter of the licensed Premises will be cleared once every night the Premises is used for licensable activities.

   

  k.              Maximum occupancy of licensed Premises is restricted to 150 people.

   

  l.              Toilet provision to comply with British Standard 6465 (as amended).

   

  Conditions attached following Review Hearing: January 2016

   

  1              Two SIA registered door staff will be on duty at the venue when it is open to the public on Fridays and Saturdays from 2100 until the termination of licensable activities

   

  2              Where extended hours have been granted by means of a TEN, three SIA staff will be on duty, the third door staff will be on duty  from 2300 and will maintain a roving patrol of the interior of the venue until the termination of licensable activities.

   

  3              The venue will not use    “inhouse” staff to carry out SIA door supervision duties.

  4              All door staff employed will assist with dispersing customers from the venue and the area immediate to the premises frontage when the venue closes.

   

  5              Vahid JANBAKHSH and Gholam JANBAKHSH are not to be counted towards the complement of the required SIA door staff.

   

  6              All instances of crime, disorder, drug use (possession and  supply) will be notified to police immediately that the matter comes to light.

   

  7              On a Friday and Saturday night from midnight the premises must designate a member of staff as a “drink marshal” inside the premises to supervise customers’ levels of intoxication to not to be exceeded. The person so designated  must be able to identify themselves to police officers or a member of the local authority immediately upon request.

  8              A logbook will be maintained at the venue. All incidents of crime, disorder, drug possession, rejections, refused sale of alcohol and false identification will be recorded. Each entry will be signed and dated and maintained for a minimum period of 12 months from the date of entry. This log must be made available for inspection by a member of Suffolk Constabulary or an officer of the local authority immediately upon demand.

   

  9              CCTV footage from the venue will be made available for viewing by a member of Suffolk Constabulary or a member of the local authority immediately upon request.

   

  10              CCTV footage in the form of readable data/storage will be supplied by the venue upon request from a member of Suffolk Constabulary or a member of the local authority within 48 hours of such a request being made.

   

  11              All staff employed at the venue will undertake training to at least the level required for a personal licence under the licensing act 2003. For the sake of clarity this training may be given in house and must take place within 14 days of a person taking up employment.

   

  12              A log will be maintained of all staff training and must be signed and dated by the person making the entry. Each entry shall be maintained for a minimum period of 12 months from the date of entry. This log must be made available for inspection by a member of Suffolk Constabulary or an officer of the local authority immediately upon demand.

   

  13              During the times that SIA door staff are required as set out at condition 2 above the premises will operate a policy of random searches. Any customer refusing to comply with this condition will be refused entry.

   

  14              Regular searches will be made of public toilets within the venue by staff, and their duty will be to report any findings which they have noted. These searches will be carried out at least once an hour.