Ipswich Borough CouncilLicensing

Dark Horse

59-61 Westgate Street, IPSWICH, Suffolk, IP1 3EB

Completed application 054467 which is a Change of Premises Name for Premises Licence from 23/05/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.

   

  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 RELATING TO THE PREVENTION OF CRIME AND DISORDER

   

  Bottles and Glasses

  1.                            Where glass bottles are used, they will be retained or disposed of on the premises.

  2.              I shall ensure that customers are not permitted to take opened bottles or glasses out onto the public highway, during times, for example, when they are complying with the provisions of the smokefree regulations or making use of any pavement café permission held by the licensed premises.

   

  Restrictions on Drinking Areas

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

   

  Capacity Limits

  4.              I will ensure that the maximum occupancy of the licensed premises is restricted at any one time to: 50

  5.                            I will  ensure that the capacity limit is enforced. 

   

  Proof of Age Cards

  6.              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.

   

  Drinks Promotions

  7.              I shall not permit any irresponsible drinks promotions at the licensed premises which may negatively impact on the promotion of the licensing objectives.

   

  Notices

  8.              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)

  9.              I will display any restrictions on the admittance of individuals according to age (e.g. Children) on or immediately outside the premises.

  10.              I will display any conditions of entry to the premises in the vicinity of any entrance to the premises.

   

  CONDITIONS RELATING TO PUBLIC SAFETY

   

  Access for Emergency Vehicles

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

   

  First Aid

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

  13.              I will make sure that at least 1 trained first aider(s) will be on duty when the public are present

   

  Public Liability Insurance

  14.              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.

   

  General

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

  16.                            I will provide a  “hot line” to a local taxi firm

  17.              I will provide sufficient seating to accommodate (enter proportion here …) of the maximum capacity of the premises. 

  18.              I will make sure that staff on the premises monitor and record the number of patrons within the premises.

  (NB: this condition would not be relevant where there is no maximum capacity). 

   

  CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)

  19.              I will make sure that where tables and chairs are provided, clear gangways to exits are maintained;

  20.                            I will not use portable heating appliances on the premises;

  21.                            I will not use any appliances utilising cylinders or containers of gas on the premises;

  22.              I will not use any paraffin or other mineral oil in any lamp, stove or other appliance except for cooking purposes;

   

  CONDITIONS RELATING TO THE PREVENTION OF PUBLIC NUISANCE

   

  Litter

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

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

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

   

  CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM

   

  General

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

  Note:              This condition may be appropriate for licensed premises selling alcohol products in a manner that may appeal to or attract minors.

  27.                            A crime prevention policy agreed by the police and local authority will be in place;

  28.                            I will implement a  proof of age policy agreed by the police and local authority;

  Note: Proof of age cards are dealt with in the pool of conditions relating to the crime and disorder objective. However, it may be appropriate to consider the production of proof of age cards to ensure that appropriate checks can be made where the presence of children is restricted by age at certain time.

   

   

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

   

  N/A