Annex 1 - Mandatory Conditions
Licensing Act 2003 - 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
(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).
(3) The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
(4) (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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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 agreed through mediation with Suffolk Constabulary
The premises licence holder shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Police. All entry and exit points will be covered, as will the pub garden and the car park enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 30 days with date and time stamping.
Recordings shall be made available immediately upon the request of the police or an authorised officer throughout the preceding 30 day period.
A CCTV log must be maintained and endorsed by signature indicating that the system is checked weekly. In the event of any failings or faults, any actions taken to remedy the failings or faults are recorded. In the event of technical failure of the CCTV equipment, the Premises Licence Holder or DPS will report the failure to the Police and Licensing Authority immediately.
A staff member from the premises who is conversant with the operation of the CCTV system shall always be on the premises when the premises are open to the public. This staff member will be able to show police or Authorised Licensing Officer recent data or footage with the absolute minimum delay when requested and be able to download relevant footage onto a disc or memory stick.
All staff engaged in the sale of alcohol to be trained in responsible alcohol retailing to the minimum standard of BIIAB level 1 or equivalent (which includes relevant in-house training), within three months of commencing employment at the premises.
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.
When requested by Police polycarbonate/plastic drinking vessels and bottles shall be used at the premises. In the event that the suppliers cannot provide polycarbonate/plastic bottles, all glass bottled drinks will be decanted/dispensed and served in polycarbonate/plastic drinking vessels. All glass bottles accumulated behind the counter/bar shall be disposed of in the premises.
A Challenge 25 policy must be implemented whereby all customers who appear to be under 25 must produce photographic identification in the form of a passport, driving licence or proof of age scheme (PASS) approved identification before alcohol can be supplied or sold to them. All staff will be instructed, through training, that alcohol cannot be supplied or sold unless this evidence is produced.
The premises licence holder shall ensure that notices shall be prominently displayed in the premises to advise patrons and staff that a ‘Challenge 25’ scheme operates in the premises.
A log will be kept at the premises, recording all incidents and refusals of the sale of alcohol. It will be made available to an authorised officer of the Police or Council on request. It must be completed within 24 hours of the occurrence and must record a) the date and time of occurrence, b) names of staff and persons involved (if known), c) details of all incidents, crimes reported, refusals of the sale of, the banning of customers, and d) any visits by relevent authorities or emergency services, and the purpose of the visit.
There will be arrangements in place to ensure that no customers will be permitted to take or consume alcohol outside of the premises unless it is in a sealed container for consumption at home. This does not include the pub garden or the outside seating area at the front of the premises.
The premises will subscribe to the townlink radio system, to be used by management and the DPS.
There shall be a policy agreed with Suffolk Constabulary and approved by an authorised officer of the Licensing Authority for the premises relating to illegal drugs found on persons or on the premises.
A secure deposit box will be kept on the premises for the retention of confiscated items, suchas drugs, knives etc and ensure that the Police are advised of any such items to ensure safe disposal within 48 hours of such items being confiscated.
Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of residents and use the area quietly.
Notices shall be prominently displayed requesting patrons to respect the needs of residents and leave the area quietly.
Persons under the age of 18 years shall not be permitted to enter or remain on the premises or in the pub garden unless they are accompanied by an adult. After 2100 persons under the age of 18 years will not be permitted to enter or remain on the premises or in the pub garden. Persons under the age of 18 years will be allowed in the upstairs function room after 2100 where the upstairs function room is being used for a private event, but only if accompanied by an adult.
No regulated entertainment including recorded or live music will be played in the pub garden or the outside seating area at the front of the premises at any time.
The pub garden and the outside seating area at the front of the premises is to close at 2200 hours.
When regulated entertainment including recorded or live music is being played inside the premises all windows and doors will be kept closed.
Conditions attached through mediation with Environmental Protection at Application Stage
1. The garden must shut at 22:00hrs.
2. Music noise whether live or recorded must not exceed the following levels:
Octave Band Centre Frequency (Hz), dB
Location | 63 | 125 | | 250 | 500 | 1k | 2k | 4k | 8k |
Inside any habitable room | 37 | 30 | | 30 | 24 | 20 | 17 | 15 | 13 |
1m from the façade of any noise sensitive receptor | 45 | 40 | | 40 | 34 | 30 | 27 | 25 | 23 |
1 - permitted Music Noise Levels
3. The premises did have extensive work done with secondary glazing installed in all ground floor windows. These windows had large bays which produced wide cavities between the external and secondary glazing panels, making them very effective at reducing low frequency (bass) noise. It is vital that these works are not removed in any refurbishment. The applicant can contact Environmental Protection for advice is necessary.