Ipswich Borough CouncilLicensing

Ararat

18 Norwich Road, IPSWICH, IP1 2NG

Completed application 054206 which is a DPS Variation Application for Premises Licence from 12/09/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the sale by retail of alcohol

Additional Conditions

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• 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.

   

  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 the applicant

   

  General

   

  1.              All applicable regulations including Health & Safety, Fire Safety will be implemented, maintained and complied with

   

  2.              A manager/ a member of staff will be designated as person responsible for public safety

   

  3.              Complete co-operation with Police, local authorities, community organisations and other relevant bodies for prevention and public nuisance

   

  4.              I shall ensure the public information notices about crime and disorder issues are displayed at the request of the Council or Suffolk Constabulary

   

  The Prevention of Crime and Disorder

   

  1.              All staff will be trained in responsible alcohol service

   

  2.              All staff will maintain a responsible atmosphere with the customer

   

  3.              There will be a 30 minute ‘time up’ policy adhered to on serving alcohol

   

  4.              I will manage aggressive and anti-social behaviours calmly and avoid escalations

   

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

   

  6.              An incident book will be kept and maintained on the premises

   

  7.              I will keep the sightline clear for vigilance

   

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

   

  9.              I will set video/CCTV equipment to record from the time the premises opens to the public until the premises closes and all members of the public have left

   

  10.              I will ensure that recordings are retained for at least twenty eight days and that copies in a viewable format are produced to an authorsied officer on demand

   

  11.              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

   

  Public Safety

   

  1.              Health & Safety and Fire Regulation procedures will be implemented and maintained

   

  2.              A member of staff/manager will be designated as person responsible for public safety

  3.              Staff will be trained in Health & Safety procedures and a Health & Safety register will be maintained

   

  4.              Health & Safety equipment will be installed, maintained and complied with

   

  5.              Provision of emergency lighting equipment

   

  6.              Installation and maintenance of smoke detectors

   

  7.              Emergency escape routes to be kept cleared at all times and an evacuation procedure will be maintained and complied with

   

  8.              Fire marshals will be designated

   

  9.              I will make sure a trained first aider will be on duty when the public is present

   

  The Prevention of Public Nuisance

   

  1.              No sale of alcohol to over the limit customers policy will be implemented

   

  2.              I will ensure that any person selling or supplying alcoholic drink under the authority of a personal licence holder asks for a photo ID proof of age where they have reason to suspect that the individual may be under 18 years of age

   

  3.              I will not permit any irresponsible drinks promotions at the licensed premises that may negatively impact on the promotion of the licensing objectives

   

  4.              Complete co-operation with Police, local authorities and community organisations and other relevant bodies for prevention of public nuisance

   

  5.              Playing of recorded music will be kept at ambient level within internal areas

   

  6.              I will make sure that during the final hour of opening the music is discernibly quieter

   

  7.              External lighting will be installed and maintained at the licensed premises in order to promote the licensing objectives and I will liaise with the appropriate Environmental Services department to ensure that any lighting is positioned and of such design so as to minimise the risk of causing public nuisance by light pollution

   

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

   

  9.              I will make sure that receptacles for refuse storage are maintained in a clear condition

   

  The Protection of Children from Harm

   

  1.              All alcoholic drinks will be kept in a separate fridge and out of reach of children

   

  2.              ‘No ID, No Alcohol’ sign will be put on fridge containing the alcoholic drinks

   

  3.              Child seats will be made available

   

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

   

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  Conditions effective from 1st October 2010

   

  1.              (1)               The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

  (2)               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 a holographic mark.

   

  2.              The responsible person shall 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; and

  (b)              customers are made aware of the availability of these measures.