Ipswich Borough CouncilLicensing

Spread Eagle Public House

1-3 Fore Street, IPSWICH, Suffolk, IP4 1JW

Premises Licence PLA0143 from from 03/08/2015 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or 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-

  The licensing objectives have been carefully considered in the light of the proposed variation taking account of the premises and their location.

  The proposed variation will not alter the style and operation of the premises.

  The proposed variation will promote the licensing objectives in accordance with the Section 182 Guidance.

  The premises will operate in accordance with all relevant legislation.

  Details of any additional measures considered necessary to promote the licensing objectives are contained under the relevant objective below

   

  The Prevention of Crime & Disorder Licensing Objective-

  The crime and disorder objective has been considered in the light of the proposed variation.

  The proposed variation will not alter the style and operation of the premises and will not have an adverse effect on the crime and disorder objective.

  The proposed variation will promote the crime and disorder objective in accordance with the Section 182 Guidance.

  The premises will continue to operate in accordance with all relevant legislation which promotes the crime and disorder objective.

  The premises will liaise and co-operate with the responsible authorities.

  A proof of age policy will operate in relation to relevant licensable activities.

  A zero tolerance towards illegal drugs will operate at all times.

  Any drinks promotions will not adversely affect the promotion of responsible drinking. Customers will be encouraged to leave the premises in a quiet and orderly manner.

  Staff will be trained to observe the measures necessary to promote the crime and disorder objective.

   

  The Public Safety Licensing Objective-

  The public safety objective has been considered in the light of the proposed variation.

  The proposed variation will not alter the style and operation of the premises and will not have an adverse affect on the public safety objective.

  The proposed variation will promote the public safety objective in accordance with the Section 182 Guidance.

  The premises will operate in accordance with all relevant legislation which promotes the public safety objective including, but not limited to, the Health & Safety At Work etc Act 1974 and associated regulations, the Food Safety Act 1990, the Regulatory Reform (Fire Safety) Order 2005 and the Disability Discrimination Act 1975.

  The premises will liaise and co-operate with the Responsible Authorities.

  A zero tolerance towards illegal drugs will operate at all times.

  Any drinks promotions will not adversely affect the promotion of responsible drinking. Customers will be encouraged to leave the premises in a quiet and orderly manner.

  Staff will be trained to observe the measure necessary to promote the public safety objective.

  The existing fire safety precautions will be retained and maintained.

   

  The Prevention of Public Nuisance Licensing Objective-

  The public nuisance objective has been considered in the light of the proposed variation.

  The proposed variation will not alter the style and operation of the premises and will not have an adverse effect on the public nuisance objective.

  The proposed variation will promote the public nuisance objective in accordance with the Section 182 Guidance.

  The premises will operate in accordance with all relevant legislation which promotes the public nuisance objective including but not limited to the Environmental Protection Act 1990 and the Noise Act 1996.

  The premises will liaise and co-operate with the Responsible Authorities.

  Any drinks promotions will not adversely affect the promotion of responsible drinking.

  Customers will be encouraged to leave the premises in a quiet and orderly manner.

  Staff will be trained to observe the measures necessary to promote the public nuisance objective.

  The premises will be adequately ventilated to prevent nuisance.

  Arrangements will be made for the storage and disposal of refuse which do not cause a nuisance.

  Any noise from the licensable activities provided will be monitored in order to prevent nuisance. All windows and doors are to be kept closed after 22.OOhrs (save for access and egress) during live entertainment.

  The premises will liaise with local residents to ensure public nuisance is kept to a minimum.

   

  The Protection of Children from Harm Licensing Objective-

  The protection of children objective has been considered in the light of the proposed variation.

  The proposed variation will not alter the style and operation of the premises and will not have an adverse effect on the protection of children objective.

  The proposed variation will promote the protection of children objective in accordance with the Section 182 Guidance.

  The premises will operate in accordance with all relevant legislation which promotes the protection of children objective.

  The premises will liaise and co-operate with the Responsible Authorities.

  A proof of age policy will operate in relation to the relevant licensable activities.

  A zero tolerance towards illegal drugs will operate at all times.

  Staff will be trained to observe the measures necessary to promote the protection of children objective.

  Non-alcoholic drinks will be available

   

  Conditions agreed through mediation with Suffolk Constabulary Police

   

  1.              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

   

  2.              The Designated Premises Supervisor shall assess the need to

  employ Door Supervisors and if considered necessary will employ an

  adequate number.

   

  3.              Cognisance will be taken of Police advice if events are taking

  place which may directly or indirectly impact on the safety of staff and

  customers and provision will be made for an appropriate number of

  suitably trained SIA registered staff to be on duty at times agreed with

  the Police. The numbers required will comply with the following table:

   

  Number of attendees              Number of attendants             

                     1 -   250                                              2             

                  251 -   500                                              3             

                  501 -   750                                              4             

                  751 -  1000                                              6             

   

  Number of attendees              Number of attendants             

  1001 -  1250                                              9             

  1251 -  1500                                            10             

  1501 -  2000                                            12             

               

  4.              In the event that door supervisors are required then a 'Door

  Supervisors' Incident Log Book will be kept and shall comprise of two

  distinct parts:

  (i)               A part recording the name,

  address, telephone number and registration number of any door supervisor

  employed in respect of the premises, the name, address and telephone

  number of any employer of the supervisor (other than the licensee), and

  details of training undertaken by the door supervisor;

  (ii)               A part recording the name and

  registration number of any door supervisor, dates and times of

  commencement and finishing of work, signature of the door supervisor in

  respect of both, and details of any incident in which the door

  supervisor is involved, including the calling of the police and any

  police action take.

   

   

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

   

  1.              The holder of the premises licence is to use their best endeavours to ensure that CCTV equipment covering the whole of the licensed area is installed and maintained in good working order.  The DPS is to use his best endeavours to ensure that the CCTV equipment is checked prior to the start of licensable activities every day; that at least 75% of it is in operation at all times; that repairs to the system are carried out as soon as reasonably practicable; and that the system is monitored during licensable activities.  All CCTV recordings must be retained for a minimum of 28 days.

  2.              The premises must become, and thereafter remain, a member of the Leisure Link Radio Scheme, or other such scheme approved by the police, to provide a means of two-way communication to report incidents between premises and the local police or CCTV monitoring centre.

  3.              The DPS is to ensure that all drinks served at the premises are only available for consumption from toughened glasses and plastics for sporting events as recommended by the police.  No bottles, glasses or drinks of any description are to be allowed off the premises.  For the avoidance of doubt this condition does not prohibit the consumption of drinks in the rear yard of the premises.

  4.              No children are to be allowed on the premises after 7pm on any night of the week.

  5.              A Personal Licence holder must be at the premises for at least 75% of the opening hours of the premises (aggregated over a rolling one year period).  When no personal licence holder is present on the premises, the personal licence holder must identify in writing the person or persons who he has authorised to serve alcohol in his absence.  The written authorisation must be made available to the police upon their reasonable request.

  6.              The DPS is to ensure that there is ongoing staff training in licensing law for all members of bar staff at the premises.  All training given must be recorded and records made available to the police upon their reasonable request.