Ipswich Borough CouncilLicensing

Europe Express

33-35 Compair Crescent, IPSWICH, Suffolk, IP2 0EH

Completed application 053150 which is a DPS Variation Application for Premises Licence from 03/06/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  Conditions yet to be entered.

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Conditions yet to be entered.

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

   

  Conditions yet to be entered.

• 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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  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.

   

  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:

   

  1)              The premises licence holder shall ensure that notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.

   

  2)              The premises licence Holder shall ensure that the areas outside the premises are monitored regularly to ensure that ay persons loitering outside the premises disperse quickly and do not congregate. Persons shall be discouraged from congregating outside the premises.

   

  3)              The premises licence holder shall ensure that there is no external disposal of refuse after 21:00 hours and before 08:00 hours daily and, as far as possible, to ensure deliveries are within those hours with the exception of newspaper deliveries.

   

  4)              Staff shall routinely check the premises during opening hours to ensure they are clean and tidy and ensure that the frontage of the premises is swept at least once during each trading day.

   

  5)              The premises licence holder shall ensure that reasonable and adequate staff training shall be carried out and properly documented in relation to:

  (i)              dealing with incidents and the Prevention of Crime and Disorder; and

  (ii)              the responsible sale of alcohol (ie. Preventing sales to underage persons or persons over 18 purchasing for underage persons, recognising signs of drunkenness) prior to being allowed to sell alcohol

   

  6)              The premises licence holder shall ensure that refresher training shall be completed every six months for all staff

   

  7)              The premises licence holder shall ensure that the CCTV system shall continually record whilst the premises is open to the members of the public

   

  8)              The premises licence holder shall ensure that a staff member who is able to operate the CCTV system shall be on the premises at all times when the premises is open to the public

   

  9)              The premises licence holder shall ensure that any refusals of sale of age-related products are recorded in a refusals log. The log should show:

  (i)              the date and time of the refusal

  (ii)              the product(s) attempted to be purchased

  (iii)              a description of the customer; and

  (iv)              the signature of the staff member who made the refusal

   

  10)              The refusals log shall be checked and signed monthly by the designated premises supervisor or premises licence holder

   

  11)              The premises licence holder shall ensure that no alcoholic goods will ever be purchased from sellers calling to the shop.

   

  Annex 3 - Conditions attached after a hearing by the licensing authority (and as agreed through mediation with Suffolk Constabulary)

   

  June 2014

   

  1)              The licence holder shall operate and maintain a refusals register in respect of declined sales of alcohol where the attempted purchaser was suspected of being under 18 years of age or drunk.

   

  2)              The refusals register shall be kept on the premises and be made available immediately upon request to an authorised officer of the Police or Local Authority.

   

  3)              The licence holder will ensure that within six weeks of any appointment of a member of staff, they receive adequate training to Responsible Alcohol Retailing standards or equivalent. A training record will be kept at the premises, which will be made available immediately upon request to an authorised officer of the Police or Local Authority.

   

  4)              Staff records with regards to licensing accreditations and training shall be kept on the premises and produced to the Police and Authorised Local Authority Licensing Officers on demand.

   

  5)              There shall be a minimum of two staff on duty at the premises whenever the premises are open between the hours of 21:00 and 23:00.

   

  6)              CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises and all areas where the sale/supply of alcohol occurs.

   

  7)              Equipment must be maintained in good working order, be correctly time and date stamped, recordings must be kept in date order, numbered sequentially and kept for a period of 28 days and handed to Police on demand.

   

  8)              The Premises Licence Holder must ensure that at all times the DPS and all appointed members of staff are capable and competent at downloading CCTV footage in a recordable format, either disc or memory stick, to the Police/Local Authority on demand.

   

  9)              The recording equipment and memory sticks/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual.

   

  10)              An operational daily log report must be maintained, endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.

   

  11)              In the event of technical failure of the CCTV equipment the Premises Licence Holder/DPS must report the failure to the Police on contact number 01473 613500 immediately.

   

  12)              Sales of alcohol are not to include any super strength lagers, beers or ciders where strength exceeds 6.5% ABV - for the avoidance of doubt this should not exclude the sale of specialist or premium alcoholic beverages.

   

  13)              The Challenge 25 scheme will be implemented. To ensure that any person selling or supplying alcoholic drink under the authority of a personal licence holder follows the guidelines of the Suffolk Constabulary Challenge 25 scheme and asks for photo ID proof of age where they have reason to suspect that the individual may be under 25 years of age and to ensure that signs relevant to this condition are prominently displayed at the premises.

   

  14)              The premises will subscribe to the Townlink radio system or similar.

   

  15)              No alcohol purchases to be consumed in the near vicinity of the premises.

   

  January 2015

   

  1)              There will be an electronic point of sale which has a till prompt to alert the seller when an age restricted product is scanned that will be installed, operated and maintained

   

   

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

   

  Conditions yet to be entered.