Ipswich Borough CouncilLicensing

Great Gipping Street/Portman Road Car Park

Great Gipping Street/Portman Road Car Park, IPSWICH, Suffolk

Completed application 055442 which is a Cancellation/Surrender for Premises Licence from 05/08/2015 to 01/02/2017

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• 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 and as agreed though mediation with Ipswich Borough Council’s Environmental Protection department

   

   

  SECTION	CONTENTS
  A	GENERAL CONDITIONS   .. .. .. .. .. .. .. ..
  B	PUBLIC ANNOUNCEMENTS .. .. .. .. .. ..
  C	ELECTRICAL INSTALLATIONS  .. .. .. ..
  D	NOISE CONTROLS  .. .. .. .. .. .. .. .. .. .. .. ..
  E	DRINKS  .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

   

  A.              GENERAL CONDITIONS

   

  1              The licensee will:

   

  Comply with the General Events conditions attached below

  Ensure that a Personal Licence Holder is on duty throughout the events

  Inform the police of all events, giving as much notice as possible

  Adopt the ‘Challenge 21’ policy, only accepting bona fide forms of photographic ID

   

  2              The facilities shall not be used under the terms of the Licence until all the conditions of this licence are complied with.

   

  3              The licensee shall ensure that all arrangements for the preparation and conduct of the event be in liaison with the Chief Constable, Chief Fire Officer or their delegated Officer and the delegated representatives of Ipswich Borough Council.

   

  4              Admission shall be given to authorised officers of the Council*, the Suffolk Fire and Rescue Service and the Police at all reasonable times (including the whole of the licensed period) and to all parts of the premises in order to ensure the compliance with the conditions of this Licence.

   

                The authorised officers of the Council will be Building Control Officers, Environmental Health Officers, Noise Control Officer and Licensing and Enforcement Officers.

   

  5              The licensee, or some responsible person nominated by him in writing for the purposes, shall be in charge of and on the premises during the whole time they are open to the public. The responsible person shall produce his/her written authority on request by an authorised officer of the Licensing Authority, a Police Officer or the Senior Fire Officer present at the event. The Licensee shall notify in writing to the Licensing Authority the name and address of the responsible person at least 48 hours prior to the event.

   

  6              The licensee shall endeavour to ensure that the event starts promptly at the advertised time.

   

  7              The Licensee shall ensure the number of paying persons permitted within the licensed area at any one time does not exceed that permitted by and stated on the licence. Certification of the number of tickets sold as soon as possible after the event should be provided.

   

  8              The licensee shall take all reasonable precautions for the safety of the public, the performers and the employees of the licensee and licensor.

   

  9              Stewarding staff should ensure that overcrowding does not occur in any part of the venue be managing and directing the crowd, particularly on entering and leaving the venue. Stewards should monitor key points for over crowding.

   

  10              The licensee shall not allow any lewd, obscene or indecent performance to take place or allow any obscene poster, advertisement, film, photograph or programme to be displayed or shown on the premises.

   

  11              No variation or alterations of the approved arrangements shall be carried out without the agreement of the Council. Any additional works, which the Council may reasonably consider necessary, shall be carried out to its satisfaction prior to or during the event as appropriate.

   

  12              All reasonable steps shall be taken to eliminate trip hazards on pedestrian routes. All temporary cables in the licensed area must be routed, buried or covered so as not to cause a tripping hazard or be crushed.

   

  13              Entrances to the Licensed area, including roadways, pedestrian routes and emergency vehicle routes must be kept clear at all times and must be adequately illuminated during periods of darkness.

   

  14              The licensee should ensure that all relevant persons involved in the production and performance are fully aware of the requirements of these conditions. The licensee shall endeavour to ensure that any person connected with the presentation of the performance, does not breach any condition or restriction of this licence.

   

  B.              PUBLIC ANNOUNCEMENTS

   

  15              The licensee to the satisfaction of the Licensing Authority shall provide public address apparatus, in addition to or being the system used by the performers.

   

  C.              ELECTRICAL INSTALLATIONS

   

  16              All parts of the electrical installation systems constructed specifically for the event shall conform in all respects to BS 7671:1992 (The Requirements for Electrical Installations). All generators shall be earthed at their neutral point by means of a suitable earth electrode and all systems shall have separate neutral and earth systems (TNS) and shall be sited as near as practicable to the associated electrical installation.

   

  17              Residual current device(s) shall be mounted as part of the fixed wiring to protect the entire electrical installations. They shall conform to the relevant British/European standard, with no intentional time delay, and have a rated tripping current no greater than 30m A.

   

  18              The licensee shall ensure that the electrical installation is properly maintained and used in a safe manner.

   

  19              All electrical equipment shall be maintained so as to prevent, so far as is reasonably practicable, danger to any person on the licensed area. Electrical equipment includes anything used, intended to be used or installed for use, to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy.

   

  20              The licensee shall ensure that any item of electrical equipment brought onto the licensed area shall have a current certificate to verify that it has been subjected to necessary test/inspections to guarantee it is safe to use. A copy of all electrical inspection certificates shall be forwarded to Environmental Services 7 days prior to the event.

   

  D.              NOISE CONTROLS

   

  21              The licensee shall, in consultation with the Ipswich Borough Council, ensure that local residents are made aware of the sound check times and the start and finish of the event times by means of press releases, local radio and leafleting in the locality of the Waterfront 10 days before the event.

   

  22              Rehearsals and sound checks are permitted only between the following hours on the following date: -

   

  Sound checks on day of event - from 10.00 hours to 12.00 only

   

  23              The licensee shall take all reasonable measures to ensure that persons attending the event do not cause unreasonable noise or nuisance to local residents on arrival and leaving the premises.

   

  24              The licensee shall nominate a person who is suitably qualified and competent to control noise, to the approval of the Council, no later than two weeks prior to the event. This nominated person shall liase between all parties including the Licensee, Promoter, sound system supplier, sound engineer and the Council etc on all matters relating to noise control prior to and during the event. Every attempt should be made to avert excess levels of noise during the event.

   

  25              A noise propagation test shall be undertaken at the earliest opportunity prior to the start of the event in order to set appropriate control limits of the sound mixer position. The sound system shall be configured and operated in a similar manner as intended for the event. The sound source used for the test shall be similar in character to the music likely to be produced during the event.

   

  26              PA systems will be used for announcements and background music only, the noise produced by the event will not exceed 55dB, Laeq, 15 minutes, measured at the façade of any noise sensitive premises.

   

  27              The Licensee shall ensure that the promoter, sound system supplier and all individual sound engineers are informed of the sound control limits and that any instructions from the person nominated to control noise regarding noise levels shall be implemented.

   

  28              The person nominated to control noise shall continually monitor noise levels at the sound mixer position and advise the sound engineer accordingly to ensure that the noise limits are not exceeded. The Licensing Authority shall have access to the results of the noise monitoring at any time.

   

  29              In order to minimise the risk of hearing damage to spectators, performers and staff, the peak sound pressure level in any audience area shall not exceed 140dB(LIN) reference pressure 20 micropascals.

   

  30              No member of the public shall be allowed within 3 metres of any operational loudspeaker (ie associated with the mixing desk).

   

  E.              DRINKS

   

  31              Drinks shall be sold or served from authorised retail outlets only in plastic or waxed paper or cardboard containers. Such containers may have loose fitting plastic paper lids, but otherwise no drinks may be sold or supplied in closed containers.

   

  32              No glass containers will be permitted outside the confines of the Corporate Hospitality area.

   

  33              Attendants shall be advised by advance publicity that in the interests of public safety, no glassware should be brought into the Licensed Arena.

   

  Conditions agreed through mediation with Ipswich Borough Council’s Environmental Protection department

   

  Sections A (Plays), B (Films), D (Boxing or Wrestling), E (Live Music), G (Performance of Dance), H (Anything of a similar description to that falling within E, F or G), I (Provision of Facilities for Making Music), J (Facilities for Dancing), K (Anything of a similar description to that falling within I or J), are removed from the Premises Licence

  Sections  F (Recorded Music) and M (Alcohol Sales) will have hours amended to 10.00-22.00 (Note: Late Night Refreshment removed as not licensable until 11pm)

  Section M (now D) of Annex 2 will have paragraph 59 (now 26) amended to read:-

  ‘PA systems will be used for announcements and background music only, the noise produced by the event will not exceed 55dB, Laeq, 15 minutes, measured at the façade of any noise sensitive premises.’

   

  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.