Ipswich Borough CouncilLicensing

Hardball Smokehouse Bar & Grill

24 Lloyds Avenue, IPSWICH, Suffolk, IP1 3HD

Completed application 077337 which is a New Application for Premises Licence from 19/12/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• 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

   

  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.

  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)               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 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.

   

  •    Recordings shall be made available immediately upon the request of Police or authorised officer

  throughout the preceding 30-day period.

   

  •    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 which can be

  played back on a computer or other digital retrieval system, within 24 hours of a request for

  download. The CCTV system will be regularly checked to ensure that it is functioning correctly.

   

  •    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 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.

   

  •    There shall be a policy agreed with Suffolk Constabulary and approved by the Licensing Authority,

  relating to the seizure of illegal drugs, knives or other prohibited items found on persons or on the

  premises, which will be made available to Police or other Responsible Authorities on request.

   

  •    A secure deposit box will be kept on the premises for the retention of confiscated items, such as

  drugs and knives etc. Police will be advised of the seizure of any such items to ensure safe disposal

  within 48 hours.

   

  •    There shall be a policy agreed with Suffolk Constabulary and approved by the Licensing Authority,

  relating to the dispersal of customers from the premises and surrounding area, which will be made

  available to Police or other Responsible Authorities on request.

   

  •    When requested by the Police, Polycarbonate or bio-degradable/compostable drinking vessels and

  non-glass bottles shall be used at the premises. If the suppliers cannot provide polycarbonate/non-

  glass bottles, then all glass bottled drinks will be decanted/dispensed and served in polycarbonate/

  bio-degradable/compostable drinking vessels. All glass bottles accumulated behind the bar/counter

  shall be disposed of on the premises.

   

  •    The Premises Licence Holder or DPS will be members of and participate in the Pubwatch scheme

  operating in Ipswich.  Persons who are banned under the Pubwatch scheme will not be allowed entry

  to the premises.

   

  •    Notices shall be prominently displayed at any area used for smoking requesting patrons to respect

  the needs of local residents and use the area quietly.

   

  •    Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local

  residents and to leave the premises and the area quietly.

   

  •    Recorded music will not be played in the outside areas of the premises at any time.

   

  •    A written or computerised log shall be kept at the premises for a minimum of 12 months from the

  date of each entry and made available on request to an authorised officer of the Ipswich Council or

  the Police. It must be completed within 24 hours of the incident and will record the following: (a) all

  crimes reported to the venue (b) all ejections of patrons (c) any complaints received concerning

  crime and disorder (d) any incidents of disorder (e) any faults in the CCTV system (f) any refusal of

  the sale of alcohol (g) any visit by a relevant authority or emergency service.

   

  •    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.

   

  •    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.

   

  •    There will be arrangements in place to ensure that no customers will be permitted to take or

  consume alcohol outside of the premises, except for the premises designated outside seating area

  for which there is a pavement licence. 

   

  •    Person under the age of 18 years must be accompanied by an adult if entering the premises after

  21.00.

   

  •    There will be arrangements in place to ensure that no customer will be permitted to use the outside

  seating area after 22.00.

   

  •    The capacity of the premises will be identified through formal written Fire Risk Assessment.

  Operational capacities shall be recorded by bookings, ticket, admission sale records, clicker, or

  other such counting device, a record made and kept for a minimum of 60 days. All records including

  the Fire Risk Assessment shall be made available upon reasonable request of authorised agents of

  a Responsible Authority.

   

  •    The venue will actively participate in the “Ask for Angela” campaign, by displaying the “Ask for

  Angela” poster on the inside of the stalls in the female toilets. The venue will adopt a written policy

  that directs staff on what action to take should a patron “ask for Angela”.  All staff will be regularly

  re-briefed on their responsibilities under the “Ask for Angela” campaign at a minimum of 3-month

  intervals.  Records of staff briefings should be made and retained by the venue for a period no less

  than 12 months.

   

   

  CONDITIONS AGREED THROUGH MEDIATION WITH ENVIRONMENTAL PROTECTION

   

  A.              The amplification system shall be designed to limit the level of noise emanating from the premises, such that the noise levels from the application premises shall not exceed the levels shown in Table 1.

   

  Location	Octave Band Centre Frequency (Hz),  Leq,5 minutes dB
  	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

  Table 1 - Maximum permitted Music Noise Levels

   

   

  B.              Full details of the amplification equipment shall be provided and shall include:

  a)              Specification for all amplification equipment and speakers:

  b)              The location of all proposed speakers

  c)              The maximum noise levels expressed in dB LAeq, 5 mins measured at a point 2m from any loudspeaker forming part of the amplification system: and

  d)              Measures to be put in place to ensure that the amplification system cannot be adjusted beyond the maximum permitted noise levels agreed in c) above.