Arcade Street Tavern

1 Arcade Street, IPSWICH, Suffolk, IP1 1EX

Completed application 058621 which is a Change of Premises Name for Premises Licence from 07/09/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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 carried over from Embedded Restrictions - Licensing Act 1964:

  Alcohol shall not be sold or supplied except during permitted hours.

  In this condition, permitted hours means that which are shown on the premises licence.

   

  Restrictions

   

  The above restrictions do not prohibit:

   

  consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  the sale of alcohol to a trader or club for the purposes of the trade or club;

  the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  the taking of alcohol from the premises by a person residing there; or

  the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or

  the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  Credit Sales

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

  a) with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;

  b) for consumption by a person residing in the premises or his guest and paid for together with his accommodation;

  c) to a canteen or mess.

   

  Source Section 166 Licensing Act 1964

   

   

  Children in Bar (No Children’s Certificate)-

   

  No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

  a) He is the child of the holder of the premises licence.

  b) He resides in the premises, but is not employed there.

  c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

  d) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

  In this condition “bar” includes any place exclusively or mainly used for the consumption of alcohol. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  Source Section 168,171 and 201 Licensing Act 1964

   

   

  Conditions carried over from Embedded Restrictions - Restaurant Certificate:

  Where a supper hours certificate is in place under s. 68, add (depending on whether one or both of the extensions in square brackets have been granted):

  “Alcohol may be sold or supplied [on Christmas day, between 3 p.m. and 7 p.m.] to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the permitted hours shall continue to apply.”

   

  Source Section 68 Licensing Act 1964

   

  Conditions consistent with the Operating Schedule Toolkit

  CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER

  Restrictions on Drinking Areas

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

  Proof of Age Cards

  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.

  Notices

  3.                            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)

  Crime Prevention Schemes

  4.                            I shall participate in the local pubwatch/nightsafe scheme operating in the Borough/District

  Litter and Waste             

  5.                            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

  Lighting

  6.                            I will ensure that lighting is provided outside the premises (and in my private car park) during the hours of darkness when any licensable activity takes place on the premises.

  Escape Routes

  7.                            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.

  8.                            I will make sure that where chairs and tables are provided, internal gangways are kept unobstructed.

  9.                            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

  10.                            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.

  11.                            I will make sure that any removable security fastenings are removed whenever the premises are open to the public or occupied by staff.

  12.                            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).

  13.                            I will make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut.

  14.                            I will make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous.

  Outbreaks of Fire

  15.                            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

  16.                            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

  17.                            Access for emergency vehicles is kept clear and free from obstruction

  First Aid

  18.                            I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises

  Lighting

  19.                            In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational;

  20.                            I will make sure that Fire safety signs are adequately illuminated;

  21.                            I will not alter Emergency lighting without prior notification to the Licensing Authority

  22.                            I will make sure that Emergency lighting batteries are fully charged before admission of the public;

  23.                            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;

  24.                            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

  25.                            I will not provide temporary electrical wiring and distribution systems without [notification to the licensing authority at least ten days before commencement of the work] or

                              [prior inspection by a suitably qualified electrician];  (delete as applicable)

  26.                            I will make sure that any temporary electrical wiring and distribution systems comply with the recommendations of BS 7671 or where applicable BS 7909.

  27.                            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

  28.                            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:

                              Gas boiler, calorifier or appliance

                              Portable fire fighting equipment

                              Public Liability Insurance

  29.                            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

  30                            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.

  General

  31                            I will make free drinking water available at all times the premises is open to the public;

  CONDITIONS RELATING TO THE PREVENTION OF PUBLIC NUISANCE

  Noise and vibration

  32.                            I will make sure that Noise or vibration is not noticable at the façade of any noise sensitive premises;

  33.                            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

  34.                            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;

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

  36.                            I will not permit the playing of live or recorded music in garden areas of the premises after (please specify time here);

  37.                            I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.

  38.                            I will nominate a person to be responsible for monitoring noise levels and instruct that person to implement changes in noise levels in accordance with any request by an authorised officer                             of the Council immediately and ensure that volume is maintained at the reduced level.

  39.                            I will ensure that no amplified sound (including public announcements) in connection with the event continues beyond the permitted hours of the entertainment.

  Noxious smells

  40                            I 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.

  41.                            Ensure that receptacles for waste are emptied regularly to minimise nuisance smells.

  Light pollution

  42                            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

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

  44.                            I will make sure that receptacles for refuse storage are maintained in a clean condition.

  45.                            I will make sure litter is regularly cleared from the vicinity of the premises

  CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM

  General

  46.                            I will comply with Retailer Alert Bulletins issued by  Portman Group

  Access for children to licensed premises generally

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

  ADDITIONAL MEASURES

  All under 18s to be accompanied by an adult

  Conditions offered through mediation with the Police:

   

  A maximum of one live music event (to midnight) per fortnight - date to be advised to police at least 48hrs in advance

  Any live music to be made discernibly quieter 60 mins before closing time and to cease completely 30 mins before closing time on any day

  Facilities for dance to be limited to once per fortnight (to midnight) - date to be advised to police at least 48 hrs in advance

  Any recorded music to be made discernibly quieter 60 mins before closing time and to cease completely 30 mins before closing time on any day

  Use of upstairs room to be restricted to private functions only and rear downstairs room to remain laid out as a restaurant (with tables and chairs) at all times the premises is open for licensable activities.

  Bar snacks (sandwiches and other pre-prepared snacks) to be readily available up until 30 mins before closing time on any day

  Auditable procedures to be in place to ensure that all staff are trained and briefed as to their responsibilities with regard to the supply of alcohol on the premises.

  Supply of alcohol to cease at midnight Sun-Thurs and 01:00 Fri/Sat

  Premises to close by 00:30 Sun-Thurs and 01:30 Fri/Sat

   

  CCTV & Communications

  The holder of the premises shall use his best endeavours to ensure that CCTV equipment is maintained in good working order, monitored during licensable activity and covers all areas used for licensable activity. 

  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 and at least 75% of it is in operation at all times.

  The holder of the premises licence is to ensure that repairs to the system are done as soon as reasonably practicable.

  All CCTV tapes are to be retained for a minimum period of 28 days.

   

   

  Conditions offered by applicant:

   

  Prevention of Crime & Disorder Licensing Objective-

  There will be no drinks promotions other than with a meal to encourage responsible drinking

   

  Prevention of Public Nuisance Licensing Objective-

  The tables situated in the outside area of walkway and customers outside the premises will be brought back inside the premises at 23.00 pm

   

  Protection of Children from Harm Licensing Objective-

  There will be proof of age ID requested from any customers suspected of being under 21

   

   

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

   

  N/A