Ipswich Borough CouncilLicensing

Gainsborough Labour & Social Club

394 Landseer Road, IPSWICH, Suffolk, IP3 9LX

Completed application 064838 which is a DPS Variation Application for Premises Licence from 30/01/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment
• 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).

   

  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 in relation to the 4 licensing objectives

   

  CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER

   

  1.              I will keep auditable records relating to the operation of the CCTV system and staff training in this

                respect. 

   

  Bottles and Glasses

  2.              Where glass bottles are used, they will be retained or disposed of on the premises.

  3.              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

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

                to the operating schedule.

   

  Capacity Limits

  5.              I will  ensure that the capacity limit is enforced. 

   

  Drinks Promotions

  6.              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

  7.              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”) 

   

  Notices

  8.              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)

  9.              I will display any restrictions on the admittance of individuals according to age (e.g. Children)

                on or immediately outside the premises.

  10.              I will display any conditions of entry to the premises in the vicinity of any entrance to the

                premises.

   

  CONDITIONS RELATING TO PUBLIC SAFETY

   

  Safety Checks

  11.              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.

   

  Access for Emergency Vehicles

  12.              Access for emergency vehicles is kept clear and free from obstruction

   

  First Aid

  13.              I will make sure that adequate and appropriate supply of first aid equipment and materials is

                available on the premises

  14.              I will make sure that at least 1 trained first aider will be on duty when the public are present

  15.              If more than one first aider is present, I will make sure that their respective duties are clearly

                defined

   

  Temporary Electrical Installations

  16.              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

  17.              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.

   

  Indoor Sports Entertainments

  18.              I will make sure that an appropriately qualified medical practitioner is present throughout a sports              

                entertainment involving boxing, wrestling, judo, karate or other sports entertainment of a similar

                nature;

  19.              I will ensure that at any wrestling or similar entertainment, members of the public do not occupy any

                seats within 2.5 metres of the ring;

   

  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.

  20.              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;

   

  General

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

  22.              I will provide a chill-out area which is cooler and quieter than the dancing areas

  23.              I will provide a  “hot line” to a local taxi firm

  24.              I will make sure that staff on the premises monitor and record the number of patrons within the

                premises.

                (NB: this condition would not be relevant where there is no maximum capacity). 

   

  CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)

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

  26.              I will not use portable heating appliances on the premises;

  27.              I will not use any appliances utilising cylinders or containers of gas on the premises;

  28.              I will not use any paraffin or other mineral oil in any lamp, stove or other appliance except

                for cooking purposes;

   

  CONDITIONS RELATING TO THE PREVENTION OF PUBLIC NUISANCE

   

  Noise and vibration

  29.              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;

  30.              I will make sure that doors and windows are kept closed (except for ingress and egress) to reduce

                noise nuisance from the premises after 9.30pm

  31.              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;

  32.              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;

  33.              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;

  34.              I will not permit the playing of live or recorded music in garden areas of the premises after (please

                specify time here);

  35.              I will make sure that any request by an authorised officer of the Council in relation to reducing noise

                levels is complied with.

  36.              I will ensure that any ventilation system has suitable sound attenuation.

   

  Light pollution

  37.              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

  38.              I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the

                premises/site.

  39.              I will make sure that receptacles for refuse storage are maintained in a clean condition.

  40.              I will make sure litter is regularly cleared from the vicinity of the premises.

   

   

  CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM

   

  General

  41.              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.

   

  Access for children to licensed premises generally

  42.              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.

   

   

  Conditions attached by Suffolk Constabulary at Variation Stage

  (March 2018)

   

  The Prevention of Crime & Disorder

   

  CCTV

   

  1.              The premises 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 all areas where licensable activities are happening, 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.

   

  2.              Recordings shall be made available immediately upon the request of Police or

                authorised officer throughout the preceding 30 day period.

   

  3.              A staff member who is conversant with the operation of the CCTV system shall

                be on the premises at all times when the premises are open to the public.  This

                staff member will be able to show a 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.

   

  Proof of Age

   

  4.              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.

   

  5.              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.

   

  Staff Training, Refusals Register and Incident Log

   

  6.              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. 

                All staff to be given refresher training every quarter.

   

  7.              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.

   

  8.              A register of refusals will be maintained and be kept for a minimum of 12 months

                from the date of each entry and will be provided to the Police and all other

                Responsible Authorities on request.

   

  9.              An incident log will be maintained and be kept for a minimum of 12 months

                from the date of each entry and will be provided to the Police and all other

                Responsible               Authorities on request. 

   

  Annex 3 - Conditions attached after a hearing by the licensing

  authority

   

  N/A

   

   

   

   

   

   

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