Ipswich Borough CouncilLicensing

Frankie & Benny's

19 Grafton Way (Unit A2), IPSWICH, IP1 1AX

Completed application 067831 which is a Cancellation/Surrender for Premises Licence from 28/09/2020 to 09/03/2021

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• 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.

   

  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.

   

  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 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. to11 p.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 Year’s Eve to the start of permitted

  hours on the following day.

   

  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

   

  Supper Hours Certificates

   

  “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

   

   

  Special Conditions that apply which were attached to the previous licence under the  Licensing Act 1964

   

  Substantial food and non alcoholic beverages including drinking water shall be

  Available at all times the premises are open to the public.

   

  Children’s Certificate granted to the restaurant, excluding the bar  area.  Meals and beverages other than intoxicating liquor to be available for consumption in the area to which the certificate relates at all times when the certificate is in operation.

   

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

   

  N/A