Ipswich Borough CouncilLicensing

Willis

15 Friars Street, IPSWICH, IP1 1TD

Completed application 068743 which is a DPS Variation Application for Premises Licence from 03/08/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• entertainment facilities for dancing
• 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 Operating Schedule

   

  Embedded Restrictions - Licensing Act 1964

   

  Restaurant Licence

   

  1. Permitted Hours

   

  Alcohol may be sold or supplied:

   

  a) On weekdays, other than Christmas Day, Good Friday or New Year’s Eve from 10am to midnight.

  b) On Sundays, other than Christmas Day or New Year’s Eve, and on Good Friday: noon to 11:30pm

  c) On Christmas Day: noon to 11:30pm;

  d) On New Year’s Eve from the end of permitted hours on New Years Eve to the start of permitted hours

  on the following day (or, if there are no permitted hours on the following day, midnight on 31 December).

   

  Restrictions

   

  The above restrictions do not prohibit during the first thirty minutes after the above hours the

  consumption of the alcohol on the premises by persons taking meals there when the alcohol

  was supplied for consumption as ancillary to the meals;

   

  Source Section 95 Licensing Act 1964

   

   

  SPECIAL CONDITIONS CARRIED OVER FROM JUSTICES LICENCE

   

  Suitable beverages, other then intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises.

   

   

  Conditions offered by applicant

   

  General

  The Premises are not open to the public and the premises primary role is a place of business not connected with the sale or provision of alcohol. When events take place on the premises they are on an invitation only basis and the property is not open to the general public

  No alcohol will be provided or sold when children are on the premises regardless of whether the children are accompanied by an adult

  Access to the building is through an entrance which is controlled by 24 hour security

   

   

  Conditions consistent with the Operating Schedule Toolkit

   

  CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER

   

  Bottles and Glasses

  	I will ensure that drinks are only available for consumption from plastic vessels or toughened glass.
  	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

   

  Restrictions on Drinking Areas

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

   

  Capacity Limits

  I will ensure that the maximum occupancy of the licensed premises is restricted at any one time to: 650

   

  Prohibited Substances

  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

  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)

   

  Litter and Waste             

  8. 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

   

  ADDITIONAL MEASURES

  Events held on the premises in which alcohol is available are accessible by persons holding an invitation only

  Persons with an invitation are permitted access into the premises by 24 hour security personnel

  The building/premises are maintained 24 hours a day by security personnel and CCTV cameras

   

   

   

   

   

   

   

  CONDITIONS RELATING TO PUBLIC SAFETY

   

  Escape Routes

  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.
  	I will make sure that where chairs and tables are provided, internal gangways are kept unobstructed.
  	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
  	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.
  	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).
  	I will make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut.
  	I will make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous.

   

  Safety Checks

  Safety checks are carried out before the admission of the public or club members and guests; and details of such checks are kept in a Log-book.

   

  Curtains, Hangings, Decorations and Upholstery

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

  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

  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

  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

  Access for emergency vehicles is kept clear and free from obstruction

   

   

  Disabled People

  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

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

   

  Lighting

  In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational;
  	I will make sure that Fire safety signs are adequately illuminated;
  	I will not alter Emergency lighting without prior notification to the Licensing Authority
  	I will make sure that Emergency lighting batteries are fully charged before admission of the public;
  	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;
  	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

  I will not provide temporary electrical wiring and distribution systems without prior inspection by a suitably qualified electrician 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).
  	I will make sure that any temporary electrical wiring and distribution systems comply with the recommendations of BS 7671 or where applicable BS 7909.
  	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

  37.

  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 Portable fire fighting equipment Temporary Electrical Installation

   

  Public Liability Insurance

  38.	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

  39

  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

  40I will make sure that the use of special effects or mechanical installation is arranged and stored so as to minimise any risk to the safety of the audience, performers and staff;
  41.	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

   

  General

  42I will make free drinking water available at all times the premises is open to the public;
  43	I will provide sufficient seating to accommodate 45% of the maximum capacity of the premises - restaurant 300 seated

   

  CONDITIONS RELATING TO THE PREVENTION OF PUBLIC NUISANCE

   

  Noise and vibration

  44.	I will make sure that Noise or vibration is not noticable at the façade of any noise sensitive premises;
  45.	I will make sure that doors and windows are kept closed (except for ingress and egress) to reduce noise nuisance from the premises;
  46.	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
  47.	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;
  48.	I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.

   

  Noxious smells

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

   

  Light pollution

  51	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

  52I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site
  53	I will make sure that receptacles for refuse storage are maintained in a clean condition.
  54	I will make sure litter is regularly cleared from the vicinity of the premises

   

  ADDITIONAL MEASURES

  The Premises are a place of work and the sale of alcohol is a secondary aspect

  Events take place on the premises infrequently and all events are attended by persons holding an invitation only

   

   

   

   

  CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM

   

  Access for children to licensed premises generally

  55.

  I will require that children under the age of 12 are accompanied by adults after 11pm in the evening. 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.

   

  Performances especially for children

  56I will make sure that attendant(s) are stationed in the area(s) occupied by the children and in the vicinity of each exit, at a ratio of one attendant per 50 children (or part thereof);

   

  ADDITIONAL MEASURES

  Children under the age of 17 will only be permitted on the premises for specific events

  Children will be accompanied by an adult and will not be permitted on the premises without one

  No alcohol will be served or on sale whilst children are on the premises

   

   

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

   

  N/A