Ipswich Borough CouncilLicensing

BriarBank Brewing Company

70 Fore Street, IPSWICH, Suffolk, IP4 1LB

Completed application 049955 which is a Conversion (Grandfather Rights) for Premises Licence from 03/08/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• 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).

   

  Conditions as specified by order of the Secretary of State under S19A of the Licensing Act 2003

   

  Conditions effective from 6th April 2010

   

  1.              (1)               The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

  (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;

  (d)               provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

  (i)               the outcome of a race, competition or other event or process, or

  (ii)              the likelihood of anything occurring or not occurring;

  (e)               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.

   

  2.              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  3.              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  Conditions effective from 1st October 2010

   

  4.              (1)               The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

  (2)               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 a holographic mark.

   

  5.              The responsible person shall 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; and

  (b)              customers are made aware of the availability of these measures.

   

  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

   

  1.              The operators will train staff to the standards required by the relevant legislation, including non-service of drunks and drug awareness

  2.              The premises will be constructed in accordance with the enclosed supporting plans or in the case of alterations to that drawing, any further drawings served on the responsible authorities prior to the opening of the premises

  3.              No alcohol, apart from lager/ale/beer as part of a micro-brewery tour event will be served prior to 09.00

   

  The Prevention of Crime and Disorder

   

  1.              CCTV is installed and will be extended at the premises in consultation with the Police

  2.              CCTV recordings will be stored for a minimum period of time as agreed with the Crime Prevention Officer and during this period, made available to an authorised officer of the Licensing Authority or Police on request

  3.              Toughened glass will be used at the premises where available

  4.              The Licensee will comply with the Portman Code and British Beer and Pub Association guidance for point of sale promotions

  5.              The Premises Licence holder shall take reasonable steps to ensure a representative shall participate in Pub Watch scheme or similar scheme where available

  6.              Non alcoholic beverages shall be available for retail, at all times, sale by retail of alcohol is carried out at the premises

  7.              The Company operates a policy of zero tolerance with regards to drugs

   

   

  Public Safety

   

  1.              The supporting proposed plans incorporate the means of escape, fire detection fire fighting equipment and emergency lighting

  2.              The premises will be constructed and operated in accordance with Health and Safety and related legislation in order to ensure the safety of customers and staff

  3.              The premises will be risk assessed from time to time in accordance with relevant legislation

  4.              A first aid kit will be made available at the premises for customer and staff use

   

   

  The Prevention of Public Nuisance

   

  1.              Details of local taxi services will be made available for customer and staff use

  2.              Notices asking patrons to leave quietly will be displayed at the premises

  3.              At all times when a Police Officer acting in the execution of their duty makes a direction to reduce minor noise levels, this will be complied with

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

  5.              Regulated entertainment taking place inside the premises will be properly controlled inside the premises to ensure that no disturbance is caused to residents in the vicinity of the premises

   

   

  The Protection of Children from Harm

   

  1.              Appropriate steps by management of the premises will be taken to ensure no under age sales will occur including training in relation to proper identification accepted

  2.              Persons under the age of 18 will be permitted entry into the premises when trading if accompanied by an adult

   

   

   

   

   

   

   

   

  Conditions offered via the Operating Schedule Tool Kit

   

  CONDITIONS RELATING TO CRIME AND DISORDER

   

  CCTV & Communication

  1.	I will provide and actively use a means of two way communication to report incidents between the premises and the local police or CCTV monitoring centre. This system will be subject to approval  by the police
  2.	I will install Video/CCTV equipment inside/outside the premises and ensure that it is maintained in working order.
  3.	I will set Video/CCTV equipment to record from the time that the premises open to the public until the premises close and all members of the public have left.
  4.	I will ensure that any cameras covering the exterior of the premises are left to record for the duration of the tape and for a period not less than 28 days. (Where members of the public congregate outside the premises after they are closed)
  5.	I will ensure that recordings are retained for at least twenty eight days and that copies in a viewable format are produced to an authorised officer on demand.
  6.	I will put up notices advising that CCTV has been installed on the premises so that they are clearly visible to the public within the licensed premises.
  7.	I will keep auditable records relating to the operation of the CCTV system and staff training in this respect.

   

  Bottles and Glasses

  8. I will ensure that drinks are only available for consumption from plastic vessels or toughened glass.
  9.	Where glass bottles are used, they will be retained or disposed of on the premises.
  10.	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

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

   

  Capacity Limits

  12.	I will ensure that the maximum occupancy of the licensed premises is restricted to the number agreed by the Fire Service through the Fire Risk Assessment

   

  Proof of Age Cards

  13.	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

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

   

  Prohibited Substances

  15. I will implement a policy agreed by the Police and local authority (for more information on this you can refer to the “Safer Clubbing Guide”)
  16.	I will ensure that a secure deposit box is kept on the premises for the retention of confiscated items and ensure that the Police are advised of any items which require safe disposal, within 48 hours of such item being confiscated.

   

  Notices

  17. 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)
  18.	I will display any conditions of entry to the premises in the vicinity of any entrance to the premises.

   

   

   

  Crime Prevention Schemes

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

   

  Litter and Waste

  20. 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

   

  CONDITIONS RELATING TO PUBLIC SAFETY

   

  Lighting

  21. 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.

   

  Safety Checks

  22.	Safety checks are carried out before the admission of the public or club members and guests; and details of such checks are kept in a Log-book.

   

  First Aid

  23.	I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises
  24.	I will make sure that at least 1trained first aider will be on duty when the public are present
  25.	If more than one first aider is present, I will make sure that their respective duties are clearly defined

   

  Temporary Electrical Installations

  26.	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.

   

  Public Liability Insurance

  27.	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.

   

  Special Effects

  Note:               The use of special effects in venues of all kinds being used for regulated entertainment is increasingly common and can present significant risks.

  28.

  I will make sure that the use of special effects or mechanical installation is arranged and stored so as to minimise any risk to the safety of the audience, performers and staff;

  29.

  I will give prior notification to the Licensing and/or Fire Authority when I intend to use any of the following special effects: Dry ice machines and cryogenic fog; Smoke machines and fog generators; Foam cannon/snow machine; Pyrotechnics, including fireworks; Real flame; Firearms; Motor vehicles; Strobe lighting; Explosives and highly flammable substances; Lasers; (see HSE Guide The Radiation Safety of lasers for display purposes [HS(G)95] and BS EN 60825;Safety of laser products)

   

  General

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

   

   

  CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)

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

   

   

   

   

  CONDITIONS RELATING TO PUBLIC NUISANCE

   

  Noise and vibration

  32.	I will make sure that Noise or vibration is not noticeable at the façade of any noise sensitive premises and/or residential properties including periodic monitoring;
  33.	I will make sure that doors and windows are kept closed (except for ingress and egress) to reduce noise nuisance from the premises;
  34.	I will install and use a noise limiter(s) on amplification equipment following consultation with the Council’s Environmental Health Officers;
  35.	I will display prominent, clear and legible notices at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly;
  36.	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 (see 69);
  37.	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;
  38.	I will make sure that during the final hour of opening the music is discernibly quieter;
  39.	I will not permit the playing of live or recorded music in garden areas of the premises after 10pm
  40.	I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.
  41.	I will ensure that any ventilation system has suitable sound attenuation.
  42.	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. (Note: this may be more relevant at an outdoor event)

   

  Noxious smells

  43.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.
  44.	Ensure that receptacles for waste are emptied regularly to minimise nuisance smells.

   

  Light pollution

  45.

  External lighting shall be installed and maintained at the licensed premises in order to promote the licensing objectives and I shall liaise with the appropriate  Environmental Services department to ensure that any lighting is positioned and of such design so as to minimise the risk of causing public nuisance by light pollution.

   

  Litter

  46.I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site
  47.	I will make sure that receptacles for refuse storage are maintained in a clean condition.
  48.	I will make sure litter is regularly cleared from the vicinity of the premises

   

  CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM

  General

  49.	A crime prevention policy agreed by the police and local authority will be in place;
  50.	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.
  51.	I will ensure an adequate risk assessment is in place with regard to the protection of children from harm whilst they may be present on the premises and while licensable activities are taking place. Such risk assessment to be produced to an authorised officer on demand.

   

  Access for children to licensed premises generally

  52. I will not permit children under the age of 18 to access the premises - unless a tour or event Note:  the above condition may be appropriate where the premises are used for gambling or any activity or entertainment (whether regulated entertainment or not) of a clearly adult or sexual nature. Applicants wishing to allow access for children to premises where these associations may be relevant should address in their operating plan their reasons and explain the steps that they intend to take to protect children from harm.
  53.	I will require that children under the age of 12 are accompanied by adults after 11pm in the evening. Note: The above condition may be appropriate for any premises NOT serving alcohol for consumption on the premises, but where the public are allowed on the premises after 11pm in the evening. Applicants wishing to allow access to premises to unaccompanied children under the age of 12 after 11pm should address in their operating plan their reasons and explain the steps that they intend to take to protect children from harm.
  54.	I will exclude children under the age of 18 from the premises - unless a tour or event Note: If this condition is appropriate, the operating schedule does not need to detail steps that will be taken to promote the protection of children from harm. Otherwise, where entry is to be permitted, the operating schedule should outline steps to protect children from harm while on the premises.

   

  Age Restrictions - Specific

  55. I will apply age restrictions - unless a tour or event Note: The above condition may be appropriate where a wide variety of licensable activities will take place at the premises and at different times of the day and night. It may not be appropriate to allow children unrestricted access in these circumstances. The following considerations may be relevant: The hours of day during which age restrictions should and should not apply eg if adult entertainment is to be presented only after 8pm it may not be necessary to impose age restrictions for earlier parts of the day. Types of event or activity where no age restrictions will be necessary, such as family entertainment or non-alcoholic events for young age groups, such as under 18s dances. Types of event or activity which gives rise to a more acute need for age restrictions, such as “Happy Hours” or on drinks promotion nights or other events where the entertainment is not suitable for those aged under 18.

   

   

  Conditions agreed through mediation with Suffolk Constabulary

   

  1.              Last admission of 30 minutes before closing times except on New Years Eve when it would be 2200 hours.

   

  2.              Last orders will be called at 15 minutes before cessation of sale of alcohol.

   

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

   

  N/A

   

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

   

  Conditions yet to be entered.