Ipswich Borough CouncilLicensing

Music Room

Island House, Duke Street, IPSWICH, IP3 0AG

Completed application 049900 which is a Conversion (Grandfather Rights) for Premises Licence from 29/07/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

   

  Staff will undergo training which shall include necessary elements of the Licensing Act 2003.

   

  The Prevention of Crime & Disorder

   

  All door supervisors to be SIA licensed and to display license clearly and openly with use of a fluorescent armband for this purpose.

  Fully auditable training records shall be maintained for all staff in respect of the sale of alcohol. These will be made available for inspection upon request to the Police or other responsible authorities.

  CCTV shall be installed at the premises in compliance with recommendations from an appropriately qualified security company.

  The holder of the premises licence shall also use his best endeavours to ensure that CCTV equipment is checked prior to the start of licensable activity. The holder of the premises licence is to ensure that repairs to the system are done expeditiously.

   

   

   

   

  Public Safety

   

  Escape routes and exits, including external exits, shall be maintained to ensure that they are not obstructed, are kept in good order with non-slippery and even surfaces, free of trip hazards and clearly identified.

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

  Any temporary electrical wiring and distribution systems shall comply with the recommendations of BS 7671 or where applicable BS 7909 or any subsequent requirements.

  Free drinking water shall be available at all times the premises is open to the public.

   

   

  The Prevention of Public Nuisance

   

  Noise or vibration shall not be noticable at the façade of any noise sensitive premises.

  A sound limiting device shall be fitted and maintained to music systems to ensure inaudibility at all residential facades.

  Prominent, clear and legible notices shall be displayed at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.

  Placing of bottles into receptacles outside the premises shall take place at times that will minimise disturbance to nearby properties.

   

  The Protection of Children from Harm

   

  To implement the Challenge 25 Scheme and require photo I.D. proof of age where there is a reason to suspect that the individual may be under 25 years of age.

  A refusal book will be kept at the premises and maintained at all times. This will be provided to police on request.

   

  *Additional Conditions for Ladies & Gentleman's Evenings*

   

  Performers shall be aged not less than 18 years.

  No persons under the age of 18 shall be allowed onto the premises and a clear notice shall be displayed at the entrance to the premises in a prominent position so that it can be easily read by persons entering the premises.

  The Licensee shall not permit the display outside the premises of photographs or other images that indicate or suggest that striptease or similar entertainment takes place on the premises and which may be offensive.

  No lewd or indecent acts may be permitted.

   

   

  Conditions agreed through mediation with Suffolk Police Constabulary

   

  The Prevention of Crime and Disorder

   

  Door Supervision

  1.              A searching policy will be put in place to ensure that random searching is done of both male and female customers. At least one female door supervisor will be employed to facilitate this.

  2.              Door Supervisors will maintain a signing on register and Incident book. This must be audited and made available to the Police or representative of the Licensing Authority on request.

  3.              Door Supervisors will use their own metal detecting equipment to assist in searching.

  4.              Random use by the Police of Drug testing equipment (currently Iontrack) will take place at the premises and also relevant swabbing throughout the premises in this respect.

  5.              Random use of the portable Metal Arch (metal detecting equipment) by the Police, will take place at the premises.

  6.              The premises will be a member of Barwatch and Pubwatch online. The DPS or a nominated member of staff shall attend meetings of the scheme.

   

  Communication

  7.              The premises will be a member of the Police and Local Authority approved radio scheme (Currently Townlink/Leisure-Link and operated by Ipswich Central) to provide a communication system between the Police, Local Authority CCTV and other users of the system.

  8.              The radio scheme shall be actively monitored and used during licensable activity.

  9.              Doorstaff must also have a radio system to allow internal communication (in addition to the Police/Local Authority approved radio).

   

  Taxi Pick Up

  10.              Door Supervisors shall also supervise access to the building via the Taxi pick-up route.

  11.              Door Supervisors will employ a means of ensuring that the number of customers on the premises does not exceed the maximum recommended by the Fire Service.  

   

  Smoking Area

  12.              A maximum of 10 smokers only shall be permitted in the designated smoking area. This is to be supervised by a member of staff, to ensure that noise levels are kept to a minimum.

  13.              No drinks are to be taken outside.

   

  Glasses                                              

  14.              Only Polycarbonate Drinking Vessels will be used at the premises.

  15.              All drinks from bottles will be decanted at the bar prior to serving customers.

   

  CCTV

  16.              Digital CCTV shall be used in the premises.

  17.              CCTV shall comply with the UK Police Requirements for Digital CCTV systems.

  18.              A member of staff will be available on the premises during all opening hours that is trained and able to download images from the CCTV System.

  19.              CCTV images shall be kept for a minimum of 21 days and available to Police and the Licensing Authority upon request.

  20.              The CCTV shall be maintained in good working order, monitored during licensable activity and cover all areas used for licensable activity.

   

  The Protection of Children From Harm

   

  Additional Conditions to apply during Ladies & Gentleman’s Evenings

  22.      No physical contact will take place between the performers and audience.

   

   

  Conditions agreed through mediation with Ipswich Borough Council’s Occupational Health & Safety department at hearing stage

   

  Electrical Safety

  A ‘completion certificate’ provided by a competent person, confirming that the electrical installation of the premises complies with The Requirements for Electrical Installations (IEE Wiring Regulations 17th Edition - British Standard BS 7671:2008) will be given to the Licensing Authority prior to the issue of the Premises Licence.

   

   

  In the event of Planning Permission being granted for the taxi pick up area, the following conditions relating to the Safety of Customers Waiting for Taxis will apply:-

   

  1.              Ensure that customers waiting for a ‘taxi’ do not enter the taxi pick up area until the vehicle is stationary within the ‘pick-up’ area.

  2.              That the designated ‘pick up’ area be clearly marked on the roadway and that customers are only allowed to enter a ‘taxi’ within that ‘pick-up’ area when a vehicle is available and stationary.

  3.              Instruct a door supervisor or other member of staff to monitor that customers waiting for ‘taxis’ do not enter the taxi pick up area until a ‘taxi’ is stationary within the ‘pick-up’ area.

  4.              That only licensed hackney carriages or private hire vehicles are allowed to drive through the ‘taxi pick-up area’ whilst the premises are being used for ‘licensable activities’.

  5.              To prevent the exposure of staff/customers to the hazardous components of diesel engine exhaust emissions (DEEE) the licence holder shall ensure the drivers of ‘taxis’ waiting for customers switch off their engines and that the area of the ground floor has sufficient ventilation (natural or/and mechanical) to reduce DEEEs to levels below those that could be hazardous to health.

   

  In the event of Planning Permission being granted for the taxi pick up area, the following condition relating to Closed Circuit Television will apply:-

   

  The CCTV installation shall be extended to include camera(s) that allow effective monitoring of the ‘taxi-pick-up’ area and waiting room and that CCTV recordings are made available to Responsible Authorities upon request.

   

  Other Matters

   

  The designated smoking shelter within the smoking area should be compliant with the Smoke-Free (Premises and Enforcement) Regulations 2006 Act 2006.

   

  All rooms containing sanitary conveniences that are made available to customers shall be adequately ventilated.

   

   

   

   

   

  Conditions offered at variation stage (November 2011)

   

  The Prevention of Crime and Disorder

   

  For any new events other than resident DJs a Police promotion event risk assessment will be performed particulary to establish door staff numbers and risk of event

   

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

   

  Licensable activity G, Performance of Dance, on the Premises Licence application form (dated 12 March 2010) - removal of the words “include ‘striptease’ entertainment as well as dance during non adult themed evenings” .

   

  Licensable activity M, Supply of Alcohol, on the Premises Licence application form (dated 12 March 2010) - restricting the supply of alcohol for consumption to on the premises only.

   

  Conditions imposed by Licensing Sub-Committee December 2011

   

  1.              On Friday and Saturday nights there will be a minimum of 2 SIA registered door supervisors on duty from 21:00 with a further 2 on duty from 22:30.  This will be increased as and when necessary or when advised to do so by the Police for any events.

   

  2.              Sunday to Wednesday: SIA registered door supervisors will be used as necessary for any events held on these days.  The Designated Premises Supervisor will monitor numbers of patrons on these days and employ extra door supervisors as needed - Approximately 1 supervisor per 100 customers.

   

  3.              On Thursday there will be a minimum of 1 SIA registered door supervisor on duty from 21:00.

   

  4.              The last time of entry to the Premises shall be 30 minutes prior to the finish of the supply of alcohol on every day.

   

  5.              During busy periods the front doors of the Premises will be closed at 00:00

   

  6.              SIA registered door supervisors will stay at the Premises until all patrons of the Premises have left the vicinity.  SIA registered door supervisors will actively assist in the dispersal of patrons.

   

  7.              Music will be turned down prior to closing to prepare patrons for leaving the Premises.

   

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

   

  Conditions yet to be entered.