Ipswich Borough CouncilLicensing

Gardeners Arms/ Venue 77

77 Fore Hamlet, IPSWICH, Suffolk, IP3 8AB

Completed application 075529 which is a DPS Variation Application for Premises Licence from 25/07/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• 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

   

  Conditions Offered By Applicant

  The Prevention of Crime and Disorder

  CCTV

  Trained and ongoing training for staff

  As required fully licensed doorman will be used.

  Staff training will cover the non-service of drunks and drug awareness

  Proof of age identification will be requested by staff as required

  SIA registered door staff will be employed when necessary - and at discretion of management

  A last entry policy of 30 minutes before alcohol sales cease will be adhered to

  Public Safety

  Fully certified fire alarm & fire fighting equipment

  The premises will be well lit

  Private limousine service will be provided when necessary - and at discretion of management

  A first aid and burns kit will be maintained on the premises for customer and staff use

  Details of local taxi service will be made available for customers and staff to dial directly via their mobiles so that the Taxi service will confirm directly to the customer the booking details. Where deemed necessary at management discretion, taxis will be ordered by a member of staff on behalf of customers

  The Prevention of Public Nuisance

  Well lit premises, external lights on car park will come on automatically at dusk

  Regulated live and recorded music will cease 23.00 Sunday to Thursday and 01.00 Friday to Saturday

  A notice will be displayed at exits asking customers to leave quietly

  The Protection of Children from Harm

  Children will not be allowed on the premises unless accompanied by a responsible adult.

  Unless at a private function or party and New Years Eve, children under 12 will not be allowed on the premises after 11pm.

  Staff will be trained to ensure that a proof of age policy is applied

  Under 18’s will only be permitted on the premises when accompanied by a responsible adult

   

  Conditions consistent with the Operating Schedule Tool Kit

   

  CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER

   

  Door Supervisors

  1              I will when a licensable activity is being carried out and I consider them necessary to:

                Prevent the admission and ensure the departure from the premises of drunk and disorderly persons, without causing further disorder;

                Keep out excluded individuals (subject to court or pub watch bans)

                Exclude persons suspected of carrying illegal drugs or offensive weapons; or

   

  2              If used/needed I will ensure that any Door Supervisors used are registered by the Security Industry Authority. (N.b. This is a mandatory condition where Door Supervisors are employed or used on a licensed

                premises)

  3              I will make sure that a female supervisor will be available if searches are to be conducted on female customers.

   

   

  CCTV & Communication

  4              I will install Video/CCTV equipment inside/outside the premises and ensure that it is maintained in working order.

  5              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.   

  6              I will ensure that any cameras covering the exterior of the premises are left to record for the duration of the tape and for a period not less than 1 hour. (Where members of the public congregate outside the               premises after they are closed)

  7              I will ensure that monitoring tapes are retained for at least twenty eight days and are produced to an authorised officer on demand.

  8              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.

   

  Bottles and Glasses

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

  10              No customers will be admitted, or permitted to leave when carrying open or sealed bottles or glasses unless bottles are prizes

   

  Restrictions on Drinking Areas

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

   

  Capacity Limits

  12              I will ensure that the maximum occupancy of licensed premises is restricted at any one time as specified through our latest Fire Risk Assessment by a competent person which will be carried will  be updated at               least annually

   

  Proof of Age Cards

  13              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

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

   

  Notices

  15              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)

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

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

   

  Crime Prevention Schemes

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

   

  Litter and Waste             

  19              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

  20              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.

   

  CONDITIONS RELATING TO PUBLIC SAFETY

   

  Escape Routes

  21              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.

  22              I will make sure that where chairs and tables are provided, internal gangways are kept unobstructed.

  23              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

  24              I will make sure that doors at such exits are regularly checked to ensure that they function satisfactorily and a record of the check is kept.

  25              I will make sure that all fire doors are maintained effectively self-closing and not held open other than by approved devices (for example, electromagnetic releases operated by smoke detectors).

  26              I will make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut.

  27              I will make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous.

   

  Safety Checks

  28              Safety checks are carried out before the admission of the public or club members and guests.

   

  Curtains, Hangings, Decorations and Upholstery

  29              I will make sure that hangings, curtains and temporary decorations are maintained in a flame-retardant condition.

  30              I will make sure that any upholstered seating meets on a continuous basis the pass criteria for smouldering ignition source 0, flaming ignition source 1 and crib ignition source 5 when tested in accordance with               section 5 of Bs 5852:1990.

  31              I will make sure that Hangings, curtains and temporary decorations are arranged so as not to obstruct exits, fire safety signs or fire-fighting equipment.

   

  Fire Action Notices

  32              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

  33              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

  34              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

  35              Access for emergency vehicles is kept clear and free from obstruction

   

  Disabled People

  36              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

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

   

  Lighting

  38              In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational;

  39              I will make sure that Fire safety signs are adequately illuminated;

  40              I will not alter Emergency lighting without prior notification to the Licensing Authority

  41              I will make sure that Emergency lighting batteries are fully charged before admission of the public;

  42              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;

   

  Temporary Electrical Installations

  43              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).

  44              I will make sure that any temporary electrical wiring and distribution systems comply with the recommendations of BS 7671 or where applicable BS 7909.

  45              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

  46              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

                        Fire Warning System

                        Gas boiler, calorifier or appliance

                        Oil fired boiler or appliance

                        Suspended ceilings

                        Portable fire fighting equipment

                        Temporary Electrical Installation

   

   

  Public Liability Insurance

   

  47              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

  48              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)

   

  Special Effects

  49              I will give prior notification to the Licensing and/or Fire Authority IF 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

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

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

                (NB: this condition would not be relevant where there is no maximum capacity). 

   

  CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)

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

  53              I will not use portable heating appliances on the premises;

  54              I will not use any appliances utilising cylinders or containers of gas on the premises;

  55              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

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

   

  57              I will make sure that doors and windows are kept closed (except for ingress and egress) to reduce noise nuisance from the premises;

  58              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;

  59              I will make sure that the placing of bottles into receptacles outside the premises takes place at times that will minimise disturbance to nearby properties;

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

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

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

  63              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)

  64              I will ensure that no amplified sound (including public announcements) in connection with the event continues beyond the permitted hours of the entertainment.

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

   

  Noxious smells

  65              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.

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

   

  Litter

  67              I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site

  68              I will make sure that receptacles for refuse storage are maintained in a clean condition.

  69              I will make sure litter is regularly cleared from the vicinity of the premises

  70              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

  71              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.

  72              A crime prevention policy agreed by the police and local authority will be in place;

  73              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.

   

  Access for children to licensed premises generally

  74              Children will not be allowed on the premises unless accompanied by a responsible adult

                Note:              The above condition may be appropriate for any premises NOT serving alcohol for consumption on the premises, but where the public are allowed on the premises after 11pm in the evening.               Applicants wishing to allow access to premises to unaccompanied children under the age of 12 after 11pm should address in their operating plan their reasons and explain the steps that they intend to take to               protect children from harm.

   

  Age Restrictions - Specific

  75              I will apply age restrictions during the following hours (State hours when this condition will apply)

                -Unless at a private function or party and New Years Eve, children under the age of 12 will not be allowed on the premises after 11pm.

   

                Note: The above condition may be appropriate where a wide variety of licensable activities will take place at the premises and at different times of the day and night. It may not be appropriate to allow children               unrestricted access in these circumstances. The following considerations may be relevant:

                The hours of day during which age restrictions should and should not apply eg if adult entertainment is to be presented only after 8pm it may not be necessary to impose age restrictions for earlier parts of the               day.

   

                Types of event or activity where no age restrictions will be necessary, such as family entertainment or non-alcoholic events for young age groups, such as under 18s dances.

   

                Types of event or activity which gives rise to a more acute need for age restrictions, such as “Happy Hours” or on drinks promotion nights or other events where the entertainment is not suitable for those aged               under 18.

   

  Further conditions

   

  Members of the public cannot gain access to the premises after midnight on a Monday to Saturday inclusive and after 2200 hours on a Sunday unless a booking has been made in advance

   

  Drinking up time will be 60 minutes

   

  Conditions in relation to Crime and Disorder

   

  CCTV & Communications

  The holder of the premises shall use his best endeavours to ensure that CCTV equipment is maintained in good working order, monitored during licensable activity and covers all areas used for licensable activity.

  The holder of the premises licence shall also use his best endeavours to ensure CCTV equipment is checked prior to the start of licensable activity and at least 75% of it is in operation at all times. The holder of the premises licence is to ensure that repairs to the system are done as soon as reasonably practical.

  All CCTV tapes are to be retained for a minimum period of 28 days.

   

  Bottles & Glasses

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

  No customers will be admitted or permitted to leave when carrying open or sealed bottles or glasses.

   

  Drinks Promotions

  To adopt and comply with the British Beer and Pub Associations guidelines on Point of Sale Promotions.

  To adopt any Policy relating to responsible Packaging, Promoting and Retailing issued by the Portman Group and comply with any Retailer Alert Bulletins.

  Crime Prevention Schemes

  To participate in the local Pubwatch/Nightsafe scheme operating in the Borough/District.

   

   

   

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

   

  N/A