Ipswich Borough CouncilLicensing

Miami Bar

24-26 Falcon Street, IPSWICH, Suffolk, IP1 5BS

Completed application 059450 which is a DPS Variation Application for Premises Licence from 02/05/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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 Premises Operating Schedule

   

  Conditions offered by applicant

   

  General-

  There will be strong management controls and effective training of all staff to be aware of the licensing objectives

  Underage drinking will not be permitted

  Public drunkenness will not be permitted

  The use of drugs will not be permitted

  Violent and other anti social behaviour will be controlled

  Children will be protected from harm

   

  Prevention of Crime & Disorder Licensing Objective-

  There will be responsible management of the premises at all times

  The management and staff will ensure that the capacity is kept to a level of 200

  The licensee will be a member of the Pubwatch Scheme

  The licensee will liase with the local police authorities

  The licensee will ensure that a CCTV system is installed

  The premises will be externally lit to a good level

  The management and staff will monitor the behaviour of customers as they leave the premises

  The licensee will ensure the prevention of glasses and bottles leaving the premises

   

  Public Safety Licensing Objective-

  There will be risk management of the premises activities on a regular basis

  All safety equipment (i.e. extinguishers, fire alarm, emergency lighting, gas and electrical installations) will be tested and certified on a regular basis

  There will be the provision on taxi numbers for transport of customers

   

  Prevention of Public Nuisance Licensing Objective-

  There will be regular visits to all parts of the premises to aid in monitoring volume levels outside the premises

  The licensee will adopt effective means of dealing with litter and refuse disposal

  The licensee will make available times for liason with local residents to discuss any issues

  There will be effective ventilation systems to prevent nuisance from odours

   

  Protection of Children from Harm Licensing Objective-

  The management will be aware of child safety

  Children will not be allowed access to cigarette or gaming machines

  Children will not be permitted to the immediate bar area

  Children must always be under the control of a responsible adult

  No persons under the age of 18 will be permitted to the premises after 19.00 hrs

   

   

  Conditions offered by applicant at variation stage (September 2012)

   

  1.              A log book will be kept on the premises which will record details of any incidents, refusals and regulated entertainment. This log book will be made available to the Licensing Authority and Responsible Authorities upon request

   

  2.              The premises will operate a zero tolerance drugs policy. Staff will be trained in this policy and both the policy and training records will be made available upon request

   

  3.              Any noise emanating from the premises will not be at a level that will cause nuisance to the nearest noise sensitive property

   

  4.              A Challenge 25 policy will be employed where those individuals who appear to be under the age of 25 and are attempting to gain entry to the premises and/or purchase alcohol will be asked for identification. The only type of identification will be accepted is a passport/ photo driving licence or any other PASS accredited identification. Staff will be trained in this policy and records of this training will be kept and made available to the Licensing Authority and Police upon request

   

   

  Conditions agreed through mediation with Suffolk Constabulary at variation stage June 2012

   

  Door Supervision

   

  1.              The deployment of the door supervisors will be at the discretion of the premises management. All door supervisors will be easily identifiable at all times by use of high visibility clothing/uniform. At all times on days when door supervision is required, a door supervisor shall monitor and manage the entrance/exit from the club to the smoking area. All door supervisors on commencing duty will sign an attendance book with their SIA number and signature.

   

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

   

  3.              A search policy shall be implemented. A minimum ratio of one in ten customers will be randomly searched upon entry to the licensed premises. ALL persons suspected of possessing prohibited articles will be searched upon entry. Clear signage will be prominently displayed advising customers that they may be searched as a condition of entry. A table will be made available to conduct searches of larger items such as bags. Female customers will only be personally searched by a female member of door staff.

   

  4.              An ejection policy will be implemented. That by use of either Town Link Radio, the 999 service or other non-emergency number, all instances of ejection of persons from the premises must be notified to the Police at the time of happening or as soon as possible thereafter. Where an offence of violence has been committed the door supervisors or premises management will retain the offender for hand over to the Police or will take all reasonable steps to identify the offender and pass the identity to the Police as soon as is reasonably practicable. An incident book entry will be made on all occasions; timed, dated and signed by a member of staff.

   

  5.              It shall be the DPS’s responsibility to ensure that all staff are clearly instructed to not allow any drinking vessels to be removed from the premises by customers. For the avoidance of doubt, no drinking vessels should be taken out into the smoking area. Empty drinking vessels shall be regularly collected so as to ensure no accumulation in areas where the public have access.

   

   

  Conditions agreed through mediation with Ipswich Borough Council’s Environmental Protection team at variation stage June 2012

   

  At the conclusion of the works the environmental health team will be invited to inspect the premises and to sign off the works, the subject of this application, as having been satisfactorily completed.

   

  Conditions agreed through mediation with Suffolk Constabulary at variation stage September 2012

   

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

   

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

   

  3.              On Friday and Saturday nights, 3 SIA registered door supervisors will be employed from 22.00 until 30 minutes after the premises is closed. For the final 30 minutes, they will have responsibility for the frontage of the premises and assist with the safe departure of customers from the area

   

   

  Conditions offered by the applicant at variation stage (January 2014)

   

  1.              No new entry after 02.15am

   

  2.              In the Event Licensable Activities are to continue after 00:30am on Sunday to Thursday nights, 2 SIA registered Door Supervisors will be employed from 10pm until 30 minutes after the premises is closed to the public. The final 30 minutes will be to aid with the Dispersal of guests

   

   

   

   

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

   

  (Variation 2014)

   

  1.              The effectiveness of the noise limiter at the Premises is to be tested and annually recalibrated in conjunction with Ipswich Borough Council’s Environmental Protection