Ipswich Borough CouncilLicensing

Isaacs

7 Wherry Quay, IPSWICH, Suffolk, IP4 1AS

Completed application 051537 which is a Conversion (Grandfather Rights) for Premises Licence from 24/11/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• 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

   

  General:

   

  1.              The operators will train staff to the standards required by relevant legislation, including non-service of drunks and drug awareness.

   

  2.              The premises will be constructed in accordance with the enclosed supporting plans or in the case of alterations to that drawing, any further drawings served on the responsible authorities prior to the opening of the premises.

   

  3.              No alcohol, apart from champagne as part of a champagne breakfast will be served prior to 09:00.

   

  The Prevention of Crime and Disorder:

   

  1.              CCTV is already installed and will also be extended at the premises in consultation with the Police.

   

  2.               CCTV recordings will be stored for a minimum period of time as agreed with the Crime Prevention Officer and during this period, made available to an authorised officer of the Licensing Authority or Police on request.

   

  3.         On Friday and Saturday evenings from 20.00 until the close of business, the management of the premises will have a minimum number of SIA register doorstaff present in the following ratio:

  a. 2 doorstaff for up to 200 customers on the premises;

  b. 4 doorstaff for over 201 customers on the premises;

  4.               Toughened glass will be used at the premises where available.

   

  5.              The Licensee will comply with the Portman Code and British Beer and Pub Association  guidance for point of sale promotions.

   

  6.               The premises licence holder shall take reasonable steps to ensure a representative shall participate in a Pub Watch scheme or similar scheme where available.

   

  7.               Non alcoholic beverages shall be available for retail, at all times sale by retail of alcohol is carried out at the premises.

   

  8.               The company operates a policy of zero tolerance with regards to drugs.

   

  Public Safety

   

  1.               The supporting proposed plans incorporate the means of escape, fire detection, fire fighting  equipment including sprinkler systems and emergency lighting.

   

  2.              The premises will be constructed and operated in accordance with Health and Safety and related legislation in order to ensure the safety of customers and staff.

   

  3.               The premises will be risk assessed from time to time in accordance with relevant legislation.

   

  4.               A first-aid kit will be made available at the premises for customer and staff use.

   

  The Prevention of Public Nuisance

   

  1.              Details of local taxi services will be made available for customer and staff use.

   

  2.              Notices asking patrons to leave quietly will be displayed at the premises.

   

  3.              At all times when a Police Officer acting in the execution of their duty, makes a direction to reduce minor noise levels, this will be complied with.

   

  4.              Regulated entertainment taking place inside the premises will be properly controlled inside the premises to ensure that no disturbance is caused to residents (which for the avoidance of doubt shall include hotel guests staying at the adjoining hotel)

   

  5.              Live Music shall be treated as regulated entertainment pursuant to S. 1 (2) (4) Live Music

  Act 2012

   

  6.              The licence holder shall install and operate exclusively a sound system for he use in the Top Bar as specified in and in accordance with the recommendation of the Report of Richard Vivian of 19th February 2014 - with the noise limit set to ensure that noise is at a level as defined in number 8. below, inside any of the facing rooms of the Salthouse Harbour Hotel after 11pm

   

  7.              Regulated entertainment taking place inside the premises shall be controlled only by the management of the premises and kept at a level as defined in number 8. below, in any facing room of the  of the adjoining Salthouse Harbour Hotel after 11pm

   

  8.              The music noise level (MNL) from the premises after 23:00hrs shall not exceed NR20 measured at the octave band centre frequencies between 31.5hZ to 8kHz inclusive, using Lfeq over a measurement period of 15 minutes, measured inside any of the facing rooms of the Salthouse Harbour Hotel with the room windows and doors closed

   

   

  Noise Rating	Octave band centre frequency Hz
  	31.5	63	125	250	500	1000	2000	4000	8000
  20	69.0dB	51.3dB	39.4dB	30.6dB	24.3dB	20dB	16.8dB	14.4dB	12.6dB

   

   

   

  Protection of Children from Harm

   

  1.              Appropriate steps by management of the premises will be taken to ensure no under age sales will occur including training in relation to proper identification accepted.

   

  2.              Persons under the age of 18 will only be permitted entry into the premises (except the cafe and delicatessen - where they are permitted to enter unaccompanied) when trading if accompanied by an adult.

   

  Conditions offered by applicant at variation stage (June 2015)

   

  1.              There will be no music played on the first floor balcony area facing onto the marina after 2300 hours on any trading day

   

  2.              Only background music will be played up until 2300 on the first floor balcony area facing onto the marina on any trading day

   

  3.              After 2300 on any trading day access and egress to and from the pizzeria next to Wherry Lane will only be internally via Isaacs. There will be no access or egress directly from Wherry Lane

   

   

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

   

  Hearing Determination

   

  1.              For the avoidance of doubt the Sub-Committee grant the licence to cover the use of the “Garden/Courtyard” for the following licensable activities, the supply of alcohol and the provision of late night refreshments.

   

  2.              The management will retain absolute control over the level of music indoors sufficient to ensure that no unreasonable noise disturbance is caused to either residents or other persons in the vicinity and all acts booked will be made aware that the management will control the noise levels independently of any level set by the band.  In addition, the management will ensure that all musicians or other acts booked are expressly told that management reserve the right to cancel the event or withhold payment to such acts where they are responsible for creating a disturbance or refuse to allow the management to sufficiently control the noise levels of the act.

   

  3.              The management of the premises will provide a phone number of the duty manager at the site to those  residents or other parties who express an interest, so that they can be contacted during live events if any nuisance is being caused.

   

  4.              The management will carry out checks outside residential properties in the vicinity and around the

  marina to ensure that live events do not cause disturbance.  These checks to be carried out either

  during a live act‘s sound check or whilst the act is taking place.

   

  5.              The management will undertake checks outside the premises, in particular on the wharf side immediately in front of the premises to help to prevent disorder. Customers will be reminded that they should not cause disturbance to either birth holders or other residents in the vicinity of the marina as required.

   

  6.              The management will use suitable signage to encourage customers to remain on the premises whilst  consuming alcohol in open containers purchased therein.

   

  7.              The licensee shall implement the Challenge 21 Scheme and ensure by way of training and conditions of employment, that all staff are aware of their responsibilities in ensuring that:- Anyone who appears to be under 21 years of age and is attempting to purchase alcohol must be required to produce satisfactory proof of age.  If there is any doubt of a customer’s age the sale shall be refused.

   

  8.              The licensee shall maintain a refusals log.

   

  9.              The management of the Premises will use either fixed or moveable barriers to demark the outside area directly in front of the premises from the pavement and roadside (except for the entrances to the premises). These barriers will be put out and kept in good order during busy trading times.

   

  10.              The management will properly risk assess events to ensure the appropriate number (taking into account the above minimums) of doorstaff are used at any time. The ratio can be amended (without the need for a formal variation, by notifying the council) in agreement with the police. SIA licensed door staff will be employed on any occasion whereby management or police consider there is an increased risk of crime and disorder, requiring door staff.

   

  Conditions attached after Consent Order (including that of Hearing Determination)

   

  a)              The following music styles, where amplified, are excluded from the authorisation given, as follows:

  House music

  Trance music

  Techno music

  Hardcore music

  Drum and Bass (D&B) music

  Metal music

  Hip hop music

  Heavy rock music, and

  Karaoke

   

  b)              Noise Monitoring Conditions

  A “Sentry” or similar traffic-light based noise monitoring system will operate at all times when live or recorded music (or entertainment of a similar kind) takes place outside.

  The main “Sentry” unit shall be in such a position as to be easily seen by the performers during their performance.

  No less than additional “mimic” unit shall be installed where it can be easily seen by the management or staff delegated by the Premises Licence Holder for noise monitoring duties.

  The “Sentry” or similar system shall be installed with the facility for mains power switching (ie.automatic cut off) but the use of such automatic cut off will be the responsibility, and at the discretion of, the Premises Licence Holder.

   

  c)              Contractual Requirements of Performers

  The Premises Licence Holder shall ensure that all performers will agree at the time of booking that:

  The acceptable maximum decibal level of any performance is at the sole discretion of the Premises Licence Holder or his/her appointed representatives.

  That the Premises Licence Holder or his/her appointed representatives have the unrestricted right to reduce the noise levels or otherwise abate the noise if in their opinion it risks breaching a condition of the premises licence or constituting a statutory nuisance within the meaning of the Environmental Protection Act 1990.

   

  d)              The Premises Licence Holder shall establish and adhere to a Noise Management Policy, which may vary from time to time. A copy of the current version is attached hereto marked ‘Schedule 1’. Any amendments to the Noise Management Policy shall be forwarded to the Licensing Authority within 7 days of any such amendment.

   

   

   

   

   

  Schedule 1

   

  Noise Management Policy
  Bentleys Restaurants Limited
  Isaacs 7 Wherry Quay Ipswich

   

  The following points are critical to our noise management policy and must be upheld at all times:

   

  We will only book musicians and other artistic performers suitable for the courtyard area.

   

  We will monitor the noise levels of performers in the courtyard area.

   

  We will ensure that the maximum operating level of any music system operating in the outside area will be restricted to no greater than 80dBA (at source).

   

  We will endeavour to ensure that noise from music emanating from the premises between 23:00 - 07:00 will be inaudible at the boundary of the nearest residential premises.

   

  The disposal of empty bottles and refuse into outdoor storage receptacles will not take place between 23:00 - 07:00.

   

  Arrangements are in place to ensure that waste collection contractors do not collect refuse between 23:00 - 07:00.

   

  Arrangements are in place to ensure that deliveries will not take place between the hours of 23:00 - 07:00.

   

  We know that customers do use the area outside to the front of the premises to smoke. We will endeavour to ensure that smoking groups are small in number and well behaved.

   

  At the main door a prominent and clear notice is displayed asking customers to be considerate to local residents by leaving the premises and the area quietly.

   

  So as to minimise disturbance to local residents late at night all staff are given appropriate instructions and training to encourage customers to leave the premises quietly.

   

  At the end of the shift staff themselves will say goodbye to each other inside the premises and arrange for lifts or taxis to collect them at a convenient and safe stopping point away from residential properties.

   

  We will constantly review our Noise Management Policy and respond quickly to the needs of our neighbours.

   

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

   

  Conditions yet to be entered.