Ipswich Borough CouncilLicensing

Swan & Hedgehog

3 King Street, IPSWICH, Suffolk, IP1 1EG

Completed application 064293 which is a Variation Application for Premises Licence from 06/11/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

• Annex 1 - Mandatory Conditions

   

  Licensing Act 2003 - 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)               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).

   

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

   

  (4)                (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.

   

  (5)                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.

   

   

  (6)              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.

   

  (7)              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.

   

  (8)              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.

   

  (9)              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.

   

   

  Protection of Children from harm

   

  No children will be permitted in the bar or garden area after 21:00

   

  Conditions agreed through mediation with Suffolk Constabulary

   

  The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Police.  All entry and exit points will be covered as will all areas where licensable activities are happening, enabling frontal identification of every person entering in any light condition.  The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises.  All recordings shall be stored for a minimum period of 30 days with date and time stamping.

   

  Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 30 day period.

   

  A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public.  This staff member will be able to show a Police or Authorised Licensing Officer recent data or footage with the absolute minimum delay when requested and be able to download relevant footage onto a disc or memory stick.

   

  A CCTV log must be maintained and endorsed by signature indicating that the system is checked weekly. In the event of any failings or faults, any actions taken to remedy the failings or faults are recorded. In the event of technical failure of the CCTV equipment, the premises licence holder or DPS will report the failure to the Police and Licensing Authority immediately.

   

   A Challenge 25 policy must be implemented whereby all customers who appear to be under 25 must produce photographic identification in the form of a passport, driving licence or proof of age scheme (PASS) approved identification before alcohol can be supplied or sold to them.  All staff will be instructed, through training, that alcohol cannot be supplied or sold unless this evidence is produced.

   

  The premises licence holder shall ensure that notices shall be prominently displayed in the premises to advise patrons and staff that a ‘Challenge 25’ scheme operates in the premises.

   

  An incident log will be maintained and be kept for a minimum of 12 months from the date of each entry and will be provided to the Police and all other Responsible Authorities on request.

   

  A register of refusals will be maintained and this will be kept for a minimum of 12 months from the date of each entry and will be provided to the Police and all other Responsible Authorities on request.

   

  All Staff engaged in the sale of alcohol to be trained in responsible alcohol retailing to the minimum standard of BIIAB level 1 or equivalent (which includes relevant in house training), within three months of commencing employment at the premises. all staff to be given refresher training every quarter. 

   

  Fully auditable training records should be maintained for all staff in respect of the sale of alcohol.  These will be made available for inspection upon request to the Police and all other Responsible Authorities.

   

  On Friday and Saturday nights with licensing activities occurring there will be no less than two SIA registered door staff at these premises from 21.00 and they will remain until half an hour after closing to ensure the safe and orderly dispersal of customers. The door staff will wear their SIA badges in approved arm bands and in any event will be displayed in a prominent position (on their arm). Where possible one member of the door staff should be female. The premises licence holder will carry out a risk assessment with regards to the requirement of door staff on any other day of the week when the premises is open after midnight.

   

  A register of SIA registered door staff will be maintained to show the times on duty, names and licence numbers of all licensed door supervisors employed at the premises. All door supervisors will sign an attendance book with their SIA number and signature on commencing duty. This will be kept for a minimum of 12 months from the date of each entry and will be provided to the Police and all other responsible authorities on request.

   

  The premises will have a search policy agreed with Suffolk Constabulary and approved by the Licensing Authority. All persons suspected of possession of prohibited articles such as drugs or weapons will be searched upon entry. Female customers will only be personally searched by a female member of door staff.

   

  A notice will be prominently displayed advising customers that they may be searched as a condition of entry.

   

  The capacity of the premises shall be recorded by ticket, admission sale records, Clicker, or other such counting device, the results of which shall be made available to the Police or the Licensing Authority on request and should be retained for a minimum of 60 days. The capacity levels are to be agreed with the Fire Service. 

   

  When requested by the Police, Polycarbonate/plastic drinking vessels and bottles shall be used at the premises. In the event that the suppliers cannot provide polycarbonate/plastic bottles, then all glass bottled drinks will be decanted/ dispensed and served in polycarbonate/plastic drinking vessels. All glass bottles accumulated behind the bar/counter shall be disposed of on the premises.

   

  The premises will subscribe to the Townlink radio system, to be used by management and door staff.

   

  The premises licence holder or DPS will be members of and participate in the Pubwatch scheme operating in Ipswich. Persons who are banned under the Pubwatch scheme will not be allowed entry to the premises.

   

  The premises shall employ an internal radio system allowing for two-way communication between all members of relevant staff and door staff.

   

  A secure deposit box will be kept on the premises for the retention of confiscated items, such as drugs, knives etc. and ensure that the police are advised of any such items to ensure safe disposal within 48 hours of such items being confiscated.

   

  There shall be a policy agreed with Suffolk Constabulary and approved by an authorised Officer of the Licensing Authority, relating to the seizure of illegal drugs, knives or other prohibited items found on persons or on the premises.

   

  Notices shall be prominently displayed at any area used for smoking requesting customers to respect the needs of local residents and use the area quietly.

   

  Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.

   

  During the last hour of trading the music will be discernibly quieter. No alcohol will be served during the last hour of trading.

   

  No customer is permitted to enter or re-enter the premises after 01.00 on Friday and Saturday, except for customers who are using the smoking area. Recorded music and live music will not be played in the outside areas of the premises at any time.

   

  There will be arrangements in place to ensure that no customers will be permitted to take and consume alcohol outside of the premises on the public highway.

   

  Persons under the age of 18 years shall not be permitted to enter or remain on the premises after 21.00. Persons under the age of 18 years must be accompanied by an adult if entering the premises before 21.00.

   

   

   

   

   

   

   

   

   

   

   

   

   

  Conditions agreed through mediation with Environmental Health

   

  1.              The amplification system shall be designed to limit the level of noise emanating from the premises, such that the noise levels from the application premises shall not exceed the following levels:

   

  Location	Octave Band Centre Frequency (Hz), dB
  	63	125	250	500	1k	2k	4k	8k
  Inside any noise sensitive premises	37	30	30	24	20	17	15	13

  Table 1- maximum permitted noise levels

  Where further internal works are required to meet these levels, full details of the proposed works shall be submitted along with the amplification equipment details and shall include details of its specification, location and fixing.

   

  2.              The submitted details shall include:

  Specifications for all amplification and speakers;

  The location of all proposed speakers;

  The maximum noise levels expressed in dB Leq, 5 mins measured at a point 2 metres from any loudspeaker forming part of the amplification system; and

  Measures to be put in place to ensure that the amplification system cannot be adjusted beyond the maximum permitted noise levels shown in Table 1.

   

  3.              No live or recorded music shall be played in any external areas.

  4.              Doors and windows will be kept closed (except for ingress and egress) to reduce noise from the premises.

  5.              Glass disposal shall not take place between the hours of 22:00hrs and 07:00hrs.

   

   

   

   

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

   

  None