Ipswich Borough CouncilLicensing

Al Forno

14-20 Fore Street, IPSWICH, Suffolk, IP4 1JU

Completed application 059830 which is a DPS Variation Application for Premises Licence from 19/06/2018 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

   

  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.

   

  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 Operating Schedule

   

  Embedded Restrictions - Licensing Act 1964

  On Licences

   

  1. Permitted Hours

   

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

  In this condition, permitted hours means:

   

  a) On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10 a.m. to 11p.m.

  b) On Sundays, other than Christmas Day or New Year’s Eve, noon to 10.30 p.m.

  c) On Good Friday, noon to 10.30 p.m.

  d) On Christmas Day, noon to 3 p.m. and 7 p.m. to 10.30 p.m.

  e) On New Year’s Eve from the end of permitted hours on New Years Eve to the start of permitted hours on the following day.

   

   

  In addition to the hours above the premises carry over a Section 68 Supper Hours Certificate in respect of the downstairs restaurant and upstairs restaurant (excluding bar) which allows alcohol to be sold as follows;

  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 [for one hour following the end of permitted hours and][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

   

  Restrictions

   

  The above restrictions do not prohibit:

  a) during the first twenty minutes after the above hours the consumption of the

  alcohol on the premises;

  b) during the first twenty minutes after the above hours, the taking of the alcohol

  from the premises unless the alcohol is supplied or taken in an open vessel;

  c) during the first thirty minutes after the above hours the consumption of the alcohol on the

  premises by persons taking meals there if the alcohol was supplied for consumption as

  ancillary to the meals;

  d) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to

  any person residing in the licensed premises;

  e) the ordering of alcohol to be consumed off the premises, or the despatch by

  the vendor of the alcohol so ordered;

  f) the sale of alcohol to a trader or club for the purposes of the trade or club;

  g) 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;

  h) the taking of alcohol from the premises by a person residing there; or

  i) 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

  j) 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.

   

  2. 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

   

   

  3. 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

   

   

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

   

  Conditions imposed as requested by Suffolk Police Constabulary

   

  1.              Fully auditable training records should be maintained for all staff in respect of the sale of alcohol. These will be made available for inspection upon request to the Police and all other Responsible Authorities

   

  2.              CCTV shall be installed internally at the premises in compliance with recommendations from an appropriately qualified security company

   

  3.              The holder of the premises license shall use his best endeavours to ensure that the 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 license 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 license is to ensure that repairs to the system are done expeditiously

   

  4.              Recordings shall be kept for a minimum of 28 Days and made available to the Police upon request

   

  5.              To implement the Challenge 21 Scheme, and require photo I.D. proof of age where there is reason to suspect that the individual may be under 21 years of age

   

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