Ipswich Borough CouncilLicensing

Best Kebab

4 Dogs Head Street, IPSWICH, IP4 1AD

Completed application 050308 which is a Minor Variation Application for Premises Licence from 24/08/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  Conditions yet to be entered.

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Conditions yet to be entered.

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Conditions yet to be entered.

• 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 Operating Schedule

   

  Conditions offered by applicant

   

  General

  We have a phone for local taxi firms

   

  The Prevention of Crime and Disorder

  We will make sure standards of behavior are maintained

  We will not serve members of the public alcohol if already heavily intoxicated

  We will maintain CCTV

  We will ensure lighting areas are adequate

  We will liase with police and event staff

  Areas not for public use will remain locked

   

  Public Safety

  The emergency services will be called if required

  Power points will not be overloaded

  Equipment will be maintained to manufacturers standards

  We will have the correct extinguishers

  We will ensure ventilation is kept clean

  We will ensure there is no over crowding

  Food will be served at correct temperatures

  Alcohol will be served in cans - not glass bottles

   

  The Prevention of Public Nuisance

  All rubbish areas will be kept clean

  All air filters will be kept clean

  Rubbish will be collected on a regular basis

   

  The Protection of Children from Harm

  Proof of age will be checked when selling alcohol

  Under 18’s will not be permitted to use the fruit machine on the premises

   

   

  Conditions consistent with the Operating Schedule Tool Kit

   

  CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER

   

  CCTV & Communication

  	I will provide a means of two way communication to report incidents between  the premises and the local police or CCTV monitoring centre.
  	I will install Video/CCTV equipment inside/outside the premises and ensure that it is maintained in working order.
  	I will set Video/CCTV equipment to record from the time that the premises open to the public until the premises close and all members of the public have left.
  	I will ensure that monitoring tapes are retained for at least twenty eight days and are produced to an authorised officer on demand.
  	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.

   

  Restrictions on Drinking Areas

  1. 6I will ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the operating schedule.

   

  Proof of Age Cards

  2. 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.

   

  Drinks Promotions

  3. I will adopt and comply with the British Beer and Pub Associations Guidelines on On-Trade Promotions.

   

  Notices

  4.	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)
  5.	I will display any conditions of entry to the premises in the vicinity of any entrance to the premises.

   

  Crime Prevention Schemes

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

   

  Litter and Waste             

  7.	I will be responsible for the disposal of waste on the frontage of the premises and make provision for the emptying of litter bins in the vicinity of the premises

   

  Lighting

  8. 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.

   

  ADDITIONAL MEASURES

  People heavily under the influence of alcohol will not be served liquor

  Proof of ID cards

  High levels of standards will be kept

  Alcohol will not be sold in bottles - cans only

   

   

   

   

   

  CONDITIONS RELATING TO PUBLIC SAFETY

   

  Escape Routes

  9.	I will make sure that escape routes and exits, including external exits, are maintained to ensure that they are not obstructed, in good order with non-slippery and even surfaces, free of trip hazards and clearly identified.
  10.	I will make sure that where chairs and tables are provided, internal gangways are kept unobstructed.
  11.	I will make sure that all exit doors are easily openable and do not require  the use of a key, card, code or similar means
  12.	I will make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut.
  13.	I will make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous.

   

  Fire Action Notices

  14. I will make sure that notices detailing the action to be taken in the event of fire or other emergencies, including how the fire brigade should be summoned, are prominently displayed and protected from damage and deterioration.

   

  Outbreaks of Fire

  15.	The fire brigade will be called at once to any outbreak of fire, however slight, and the details recorded in a Fire Log-book.

   

  Loss of Water

  16. I will notify the local Fire Control Centre as soon as possible if the water supply to any hydrant, hose reel, sprinkler, drencher or other fire extinguishing installation is cut off or restricted.

   

  Access for Emergency Vehicles

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

   

  Disabled People

  18. I will make sure that when disabled people are present, adequate arrangements exist to enable their safe evacuation in the event of an emergency, and that patrons are made aware of these arrangements;

   

  First Aid

  19. I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises
  20.	I will make sure that at least (please specify …..) trained first aider(s) will be on duty when the public are present
  21.	If more than one first aider is present, I will make sure that their respective duties are clearly defined

   

  Lighting

  22. In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational;
  23.	I will make sure that Fire safety signs are adequately illuminated;
  24.	I will not alter Emergency lighting without prior notification to the Licensing Authority
  25.	I will make sure that Emergency lighting batteries are fully charged before admission of the public;
  26.	In the event of failure of normal lighting, where the emergency lighting battery has a capacity of one hour, I will make sure that evacuation of the premises is possible within 20 minutes;
  27.	Where the emergency lighting battery has a capacity of three hours, I will make sure that evacuation of the premises is possible within one hour;

   

   

   

   

   

  Temporary Electrical Installations

  28. I will not provide temporary electrical wiring and distribution systems without  [notification to the licensing authority at least ten days before commencement of the work] or [prior inspection by a suitably qualified electrician];  (delete as applicable) Note: It may not be possible to give ten days notice where performers are supported by external technical teams (for example where temporary electrical installations are made in theatres for television show performances). In such cases the key requirement is that competent persons undertake the work).
  29.	I will make sure that any temporary electrical wiring and distribution systems comply with the recommendations of BS 7671 or where applicable BS 7909.
  30.	I will make sure that where temporary electrical wiring and distribution systems have not been installed by a competent person, they are inspected and certified by a competent person before they are put to use.

   

  Safety Certificates

  36.

  I will make sure that the following systems are maintained and inspected by suitably qualified professional persons in accordance with any British Standards and at intervals recommended in national guidance, and will keep the records of such inspections available for inspection by authorised officers on request:  Building Electrical Installation Emergency Lighting System Gas boiler, calorifier or appliance Temporary Electrical Installation

   

  Public Liability Insurance

  37. 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.

   

  Alterations to the premises

  38.

  I will not alter the premises in such a way as to make it impossible to comply with an existing licence condition, without first seeking a variation of the premises licence. (N.B  This will enable you to propose the amendment of any conditions that you would not be able to comply with upon completion of works)

   

  General

  39.I will make free drinking water available at all times the premises is open to the public;

   

  Gangways

  40.I will make sure that sitting on floors is not permitted except where authorised in the premises licence;
  41.	I will make sure that waiting or standing is not permitted except in areas designated in the premises licence;
  42.	I will make sure that in no circumstances is anyone permitted to:- (i)  sit in any gangway; (ii) stand or sit in front of an exit; or (iii) stand or sit on any staircase including any landings;

   

  CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)

  43.I will make sure that where tables and chairs are provided, clear gangways to exits are maintained;
  44.	I will not use portable heating appliances on the premises;
  45.	I will not use any appliances utilising cylinders or containers of gas on the premises;
  46.	I will not use any paraffin or other mineral oil in any lamp, stove or other appliance except for cooking purposes;

   

   

   

   

   

   

   

  CONDITIONS RELATING TO THE PREVENTION OF PUBLIC NUISANCE

   

  Noise and vibration

  47.I will make sure that Noise or vibration is not noticable at the façade of any noise sensitive premises;

   

  Noxious smells

  48.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.
  49.	Ensure that receptacles for waste are emptied regularly to minimise nuisance smells.

   

  Light pollution

  50.I will ensure that flashing or particularly bright lights on or outside the licensed premises do not cause a nuisance to nearby properties, whilst balancing the need for lighting in the interests of prevention of crime and disorder.

   

  Litter

  51.	I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site
  52.	I will make sure that receptacles for refuse storage are maintained in a clean condition.
  53.	I will make sure litter is regularly cleared from the vicinity of the premises
  54.	I will provide for the removal, within 24 hours of the finish of the event, of: All refuse (including litter picking across the site). Off site litter within one mile of the site along access and egress routes to the event (Note: this is in respect of outdoor events only)

   

  CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM

   

  General

  55.	I will comply with Retailer Alert Bulletins issued by  Portman Group  Note: This condition may be appropriate for licensed premises selling alcohol products in a manner that may appeal to or attract minors.
  56.	A crime prevention policy agreed by the police and local authority will be in place;
  57.	I will implement a  proof of age policy agreed by the police and local authority;  Note: Proof of age cards are dealt with in the pool of conditions relating to the crime and disorder objective. However, it may be appropriate to consider the production of proof of age cards to ensure that appropriate checks can be made where the presence of children is restricted by age at certain time.

   

   

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

   

  1.              Permission is granted for late night refreshment from 11pm until 2am the morning following Tuesdays and Wednesdays; from 11pm until 3am the morning following Mondays and Thursdays; from 11pm until 4 am the morning following Fridays and Saturdays; and from 11pm until 2 am the morning following Sundays.  We also grant permission for the premises to be open to the public until those times.

   

  2.              Permission is granted for alcohol to be sold for consumption on or off the premises between the hours of 3pm and 10 pm every day.  Permission is also granted for alcohol to be sold for consumption on the premises only until midnight every day.  We do not grant permission to serve alcohol for consumption off the premises after 10pm because we believe that such permission would have a negative impact on the prevention of crime and disorder.  In coming to this decision we have considered, in particular, the police representations about recent incidents at the premises.

   

   

   

  3.              We have heard that the music which is to be played at the premises will be for staff purposes only and that the speakers are located in the serving area, not the public area.  That being so, we have concluded that the playing of music will be incidental to other licensable activities at the premises and so it does not need to be licensed.

   

  4.              We do not exclude children from the premises; nor do we impose a door supervisor condition as we feel that these conditions are not necessary to promote the licensing objectives.  We do, however, impose those conditions that were offered by the applicant in his Operating Schedule toolkit, because we feel that they are necessary to promote the licensing objectives.

   

   

  Conditions attached following a Review Hearing by the licensing authority June 2010, as amended at Magistrates’ Court October 2010

   

   

  1.              The premises will be a member of the Police and Local Authority approved radio scheme (Currently Townlink/Leisure-Link and operated by Ipswich Central) to provide a communication system between the Police, Local Authority CCTV and other users of the system.

   

  The radio scheme shall be actively monitored and used during licensable activity.

   

  2.              CCTV

   

  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 hours permitted by the licence, whether or not licensable activity is taken 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

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Conditions yet to be entered.