Ipswich Borough CouncilLicensing

The County of Suffolk

29 St Helens Street, IPSWICH, Suffolk, IP4 1HH

Completed application 053205 which is a DPS Variation Application for Premises Licence from 31/05/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the sale by retail of alcohol
• provision of late night refreshment

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.

   

  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

   

  Variation stage (February 2014)

   

  1.              For all externally promoted events, where an external promoter operates an event at the premises, whether they are live music or amplified music, a risk assessment on an agreed form must be submitted to Suffolk Constabulary at least 14 days in advance of the event.

   

  2.              Following submission of the risk assessment to Suffolk Constabulary the DPS/Licence holder must seek written agreement from the Constabulary that an event can be staged without SIA door staff.

   

  3.              If, in the opinion of Suffolk Constabulary, SIA door staff are deemed to be required for an event, a minimum of 2 registered SIA door staff to be on duty whenever live music or amplified music is played whenever externally promoted events are held at the premises. All door supervisors will be in duty from at least 9pm until 30 minutes after the termination of all licensable activities. On arrival sign an attendance book with name and SIA badge details. Door supervisors will be easily identifiable at all times by use of high visibility clothing/uniform.

   

  4.              First aid kits will be located in the premises and be readily available to use. The kits will be inspected weekly and replenished in the event of an item being used as soon as practicable. An endorsed log sheet will be contained in ach kit

   

  Variation stage (November 2015)

   

  The Prevention of Crime and Disorder

   

  1.              Unless otherwise agredd in writing with Police Licensing, door supervisors must be on duty from 23.00 on a Friday and Saturday (and during non-standard hours when the premises are to trade until 02.00) until the premises are closed and all customers have left.

  2.              Where SIA registered door supervisors are used, a record must be kept of their SIA registration number and the dates and times when they are on duty

   

  The Prevention of Public Nuisance

   

  1.              All external windows and doors must be kept shut at all times when regulated entertainment is being provided. Doors may be opened for normal entrance and egress but must be shut immediately thereafter

   

   

• Annex 3 - Conditions consistent with the Premises Operating Schedule and attached after a hearing by the licensing authority

   

  Conditions agreed with Suffolk Constabulary and imposed by licensing sub-committee

   

  1.              CCTV shall be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas and all areas where the sale/supply of alcohol occurs. Equipment must be maintained in good working order, be correctly time and date stamped, recordings must be kept in date order, numbered sequentially and kept for a period of 28 days and made available to Police on demand. The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a viewable format on disc or storage device to the Police/Local Authority within 36 hours of a request. The Recording equipment and discs/storage media shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings; actions taken are to be recorded. In the event of technical failure of the CCTV equipment the Premises Licence Holder/DPS shall report the failure to the Police and Licensing Authority immediately.

   

  2.              All bar staff engaged in the sale of alcohol to be trained in Responsible alcohol retailing to the minimum standard of BIIAB level 1 or equivalent, within three months of commencing employment at the premises. Training records shall be kept on the premises and produced to the Police and authorised Local Authority Licensing Officers on demand. For the avoidance of doubt this training can be administered in-house in accordance with the relevant criteria. Training will be reviewed six monthly to ensure staff are up to date with the latest legislation.

   

  3.              The premises will be a member of the Ipswich Central Radio system, or other scheme approved by Suffolk Police, to provide a means of two-way communication to report incidents between the premises and the local Police or CCTV monitoring centre. The premises will actively monitor and use the system.

   

  4.               Clear signage will be prominently displayed advising customers that they may be searched as a condition of entry. Any prohibited articles shall be securely deposited on the premises and Police will be notified within 36 hours of any prohibited articles for collection.

   

  5.               To enhance the mandatory condition relating to an age verification policy, the premises licence holder will implement the ‘Challenge 25’ scheme, ensuring prominent signage is displayed throughout the premises and all staff are trained in its operation.

   

  6.               Where an offence of violence has been committed the door supervisors or premises management will retain the offender for hand over to the Police or will take all reasonable steps to identify the offender and pass the identity to the Police as soon as is reasonably practicable. An incident book entry will be made on all occasions, timed, dated and signed by a member of staff.

   

  7.               An incident book(s) / refusals register shall be kept and maintained on the premises at all times. The book(s) shall detail all incidents of injury/ejection/refusals/drug misuse/seizure/age challenge. Such matters shall be timed, dated and signed by the author and produced to Police/Authorised Licensing Officers on demand.

   

  8.               No entry to the premises will be granted after 00:00hrs whenever live music or amplified music is played or whenever externally promoted events are held at the premises. Customers will be permitted to continue to use the outside smoking area after 00:00hrs, which will be strictly controlled by SIA registered Door Supervisors. Customers, in exceptional circumstances will be allowed re-entry after 00:00hrs on the provision that they are subject to re-searching and a full incident report entry is made as to the reasons for leaving and re-entering.

   

  9.               Policies and logs shall be written and made available to the Police and Local Authority Licensing Officers for the premises relating to the following categories:

   

  Emergency procedures                            Fire safety/evacuation plan

  Refusals/banning policy                            Prohibited items policy

  Door policy                                                        ID Checks policy

  Search policy                                                        Smoking Area Policy

  Disorder and ejection policy              CCTV policy and procedure

  Special Events policy                            Incident reporting policy

   

  These policies and logs will be up-to-date, accurate, relevant and subject to annual review.

   

  10.               Signage, in not less than 32 font, shall be clearly displayed prominently at the point of access, toilet areas and exits; appropriately, in relation to Age policy, Drug policy, Search policy, CCTV policy and Dispersal policy. A list of local taxi firm numbers will also be displayed at point of exit/entrance.

   

  11.               No person under the age of 18 shall be permitted on the licensed premises at any time whilst it is being used exclusively or primarily for the sale or supply of alcohol, unless the premises are being privately hired for a special event where persons under the age of 18 will be permitted on the premises but must be accompanied at all times by a responsible adult. Such events will be risk assessed on an individual basis and comply with the premises Special Event policy.

   

  12.               All individuals, without any exception, subject to a local PubWatch ban will be refused entry and excluded from the premises for the entire duration of their ban. All staff will be alerted to the banned persons by the Pub Watch representative and report any attempt that such persons make to gain access to the premises to the Police.

   

  13.              It shall be the DPS’s responsibility to ensure that all staff are clearly instructed to not allow any drinking vessels to be removed from the premises by customers whenever live music or amplified music is being played or whenever externally promoted events are held at the premises. For the avoidance of doubt, no drinking vessels should be taken into the smoking area. Empty drinking vessels shall be regularly collected so as to ensure no accumulation in areas where the public have access.

   

  14.               All instances of drunkenness, disorder, drug use or violence will be challenged, resulting in the ejection or retention of the individual(s) and under serious circumstances, consideration shall be given to their permanent exclusion from the premises in future.

   

  15.               Apart from off sales in sealed containers. No drinks to be taken outside whilst there is live music, amplified music or externally promoted events.

   

  16.               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, justified request of an authorised officer of the Local Authority, the volume level shall be decreased.

   

  17.               Any waste or litter, including smoking related litter, at the perimeter of the licensed premises shall be cleared once every 24hrs at the close of business. Adequate smoking related litter bins shall be provided at the front entrance and smoking areas of the premises and these shall be emptied on a daily basis.

   

  18.               The DPS shall ensure that all delegated authority issued in relation to any licensable activity shall be recorded in writing at the premises and be available on demand to the Police and representatives of the Licensing Authority.

   

  Conditions agreed with Ipswich Borough Council’s Environmental Protection department and imposed by licensing sub-committee

   

  1.              The licensee will ensure that noise or vibration does not constitute annoyance at the facade of any noise sensitive premises

   

  2.              A sound-limiting device shall be installed and maintained in the premises and all music amplification systems - whether permanent or temporary, will be connected to it, to ensure that noise or vibration is not noticeable at the façade of any noise sensitive premises.

   

  3.              The sound-limiting device shall be installed and calibrated to the satisfaction of an officer from IBC Environmental Protection Service