Annex 2 - Conditions consistent with the Premises Operating Schedule
Conditions carried over from Embedded Restrictions - Licensing Act 1964:
Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means that which are shown on the premises licence.
Restrictions
The above restrictions do not prohibit:
consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
the sale of alcohol to a trader or club for the purposes of the trade or club;
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;
the taking of alcohol from the premises by a person residing there; or
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
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.
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
Conditions carried over from Embedded Restrictions - Children’s Certificate:
A notice which states that a Children’s Certificate is in force, in relation to the area to which the certificate relates, and explains the effect of the certificate and of any conditions attached to it must be posted in some conspicuous place in that area.
No person under fourteen shall be in the bar or the premises during the permitted hours unless one of the following applies:
a) He is the child of the holder of the premises licence.
b) He resides in the premises, but is not employed there.
c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.
d) The bar is in premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
e) i. He is in an area shown on the plan attached to the licence
ii. Meals and non-alcoholic beverages are available for sale for consumption in that area.
iii. He is in the company of a person aged 18 or over.
iv. He is there prior to 9 p.m.
v. He may remain in the area of the premises specified during the first thirty minutes after the certificate has ceased for the consumption of refreshments.
In this condition “bar” includes any place exclusively or mainly used for the consumption of alcohol. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
Source Section 168, 168a, 171, 201, Schedule 12a Licensing Act 1964
Note:
The latest hour for operation of a certificate is 9 p.m. See Sch 12A para 5(1) LA 1964.
Where justices have imposed a later hour under Sch 12A para 5(2), that should be reflected in condition (5)(d).
Conditions carried over from Justices Licence:
Children’s Certificate effective from 11.00 am until 18.00 pm with the condition that meals and beverages other than alcohol are available for consumption in the area to which the certificate relates at all times when certificate is operational
Conditions offered by applicant:
Prevention of Crime & Disorder Licensing Objective-
The licensee will offer additional training for all house managers on dealing with illegal activities and aggressive customers
There will be a sensible drinking policy & training in place
The DPS of the premises will become a member of the Pubwatch scheme
The licensee will offer additional training on communicating with customers when service is refused for drunkenness
Public Safety Licensing Objective-
There will be increased supervision of the trading area by the management, staff and glass collectors
Prevention of Public Nuisance Licensing Objective-
The licensee will erect ‘please leave quietly’ signs
Delivery & collection times will not be changed
Regulated Entertainment (excluding Recorded Music) to end at 23.30
There will be no external Regulated Entertainment
Any external background music will be turned off at 00.00 midnight
All windows and doors will be kept shut during live performance save for customer access and egress
Protection of Children from Harm Licensing Objective-
There will be minimum signage placed on the AWP machines
There will be an audited proof of age scheme in place
The licensee will offer additional training on communicating with customers when service is refused for no proof of ID
Annex 3 - Conditions attached after a hearing by the licensing authority
1. The premises may open to the public during the following hours;
Every day between 10am and 00.30am the following day.
The premises may open one extra hour on Christmas Eve, Christmas Day, Boxing Day, New Years Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, St Patrick’s Day, St Georges Day, on any other Bank or Public holiday and on the proceeding and preceding days before any Bank or Public holiday.
2. Supply of alcohol to cease no later than 30 minutes prior to the end of hours that the premises are open to the public.
3. The supply of late night refreshment is permitted every day between 23.00 and midnight.
4. Live Music and the provision of facilities for dancing is permitted every day between 18.00 and 23.30.
5. Recorded Music and anything similar ie. Karaoke and/or the use by a DJ is permitted every day between 18.00 and midnight.
6. The above licensable activities listed at 3 to 5 herein are permitted to continue for one extra hour on Christmas Eve, Christmas Day, Boxing Day, New Years Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, St Patrick’s Day, St Georges Day, on any other Bank or Public holiday and on the proceeding and preceding days before any Bank or Public holiday.
7. Live and recorded music must be made discernibly quieter at least 60 minutes before the premises close to the public and both are to stop no later than 30 minutes prior to the end of hours that the premises are open to the public.
8. The request for extra hours to allow alcohol to be served on the day of any special sporting event is been refused, because it would run contrary to the “Temporary Event Notice” provisions in the Licensing Act 2003.
9. All doors and windows at the premises shall be closed and shall remain closed, save for the purpose of access and egress, to the premises until all licensable activities have ceased for that day.
10. We impose the above conditions because we feel that they are necessary to promote the licensing objectives of prevention of crime and disorder and public nuisance.
11. Children under the age of 16 will be required to leave the premises by 9 pm every day, and children under the age of 16 must be accompanied whilst on the premises at all times by a responsible adult who will be required to maintain proper control of them at all times. We impose this condition because we feel that it is necessary to promote the licensing objective of protection of children from harm.
12. The applicants must 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. We impose this condition because we feel that it is necessary to promote the licensing objective of prevention of public nuisance.
13. The applicants shall ensure that CCTV equipment is installed at the premises by no later than the second appointed day. We impose this condition because we feel that it is necessary to promote the crime and disorder licensing objective.
14. The holder of the premises licence shall use his best endeavours to ensure that CCTV equipment is maintained in good working order, monitored during licensable activity and covers all areas used for licensable activity. The holder of the premises licence shall also use his best endeavours to ensure that CCTV equipment is checked prior to the start of licensable activity and that at least 75% of it is in operation at all times. The holder of the premises licence is to ensure that repairs to the system are done as soon as reasonably practicable. All CCTV tapes are to be retained for a minimum period of 28 days. We impose this condition because we feel that it is necessary to promote the crime and disorder licensing objective.
15. The Designated Premises Supervisor, or a person nominated by him, is to participate in the local Pubwatch / Nightsafe scheme operating in the Borough. We impose this condition because we feel that it is necessary to promote the crime and disorder licensing objective.
16. To adopt and comply with the British Beer and Pub Association’s guidelines of Point of Sale promotions. We impose this condition because we feel that it is necessary to promote the crime and disorder licensing objective.
17. To ensure that any person selling or supplying alcoholic drink under the authority of a personal licence holder follows the guideline of the Suffolk Constabulary Challenge 21 scheme and asks for photo ID proof of age where they have reason to suspect that the individual may be under 21 years of age. We impose this condition because we feel that it is necessary to promote the crime and disorder licensing objective.
18. All staff employed at the premises shall be trained and briefed as to their responsibilities with regard to the supply of alcohol at the premises and a record shall be maintained of all such training and briefings. We impose this condition because we feel that it is necessary to promote the crime and disorder licensing objective.