Ipswich Borough CouncilLicensing

Halberd Inn

15 Northgate Street, IPSWICH, IP1 3BY

Completed application 080475 which is a Variation Application for Premises Licence from 05/11/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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.

   

  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 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 those 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.

   

  Conditions offered by applicant:

   

  Prevention of Crime & Disorder Licensing Objective-

  The Licensee will be a member of the local Pubwatch scheme

  Illumination will be provided to the exterior areas of the premises

  SIA registered door staff will be employed

   

  Public Safety Licensing Objective-

  The licensee reserves the right to move the Fire Appliances, AWP Machines, Cigarette Machines, or any other similar objects temporarily fixed in a location which may impact on the ability of individuals on the premises to use exits or escape routes without impediment.

   

  There will be emergency lighting present

  The premises will have illuminated fire exit signs

  The premises will have fire-fighting equipment

   

  Prevention of Public Nuisance Licensing Objective-

  No live or recorded music will be played in the courtyard at the premises after 2300

   

  Protection of Children from Harm Licensing Objective-

  Accompanied children to be permitted on the premises until 20:00 unless partaking in table meals or private functions at the premises when they shall be permitted until close of premises.

   

  Conditions offered at Minor Variation stage (January 2013):

   

  1.              CCTV shall be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas and all areas where the sale/supply of alcohol occurs. Equipment must be maintained in good working order and be correctly time and date stamped. Recordings must be kept in date order, numbered sequentially, kept for a period of 28 days and made available to the Police/Licensing Authority on demand. The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a viewable format on disc or storage device to provide to the Police/Local Authority within 36 hours of a request. The recording equipment and discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational daily log report must be maintained, endorsed by signature, indicating the system has been checked and is compliant. In the event of any failings in the system the actions taken shall be recorded in the daily log. In the event of technical failure of the CCTV equipment the Premises Licence Holder/DPS shall report the failure to the Police and Licensing Authority immediately.

   

  2.              Signage, in not less than 32 font, shall be clearly displayed prominently referring to the Age policy, Drug policy, Search policy, CCTV policy and Dispersal policy. 

   

  3.              A list of local taxi firm numbers will also be displayed at point of exit/entrance.

   

   

  Conditions offered at Variation stage (September 2018 (amended 5.11.24))

   

  Conditions offered by Applicant

   

  1.              The external area will not be used beyond 2300 hours daily for licensable activities safe for smokers who can use the area outlined green on the attached plan after 2300 hours.

  2.              Regular checks of the external area will include the removal of empty glasses and bottles. The external area will be monitored by staff members. Staff will perform checks around the external area to monitor customer behaviour and noise levels. Findings will be logged and made available to inspecting Officers from the local authority and/or Police.                           

  Conditions mediated with Suffolk Police

   

  1.              On Friday and Saturday nights and also when events which include live or recorded music such as discos, live bands, karaoke etc are held or when showing major sporting events with licensing activities occurring there will be no less than two SIA registered door staff at the premises from 22:00 and they will remain until half an hour after closing to ensure the safe and orderly dispersal of customers. The door staff will wear their SIA badges in approved arm bands and in any event will be displayed in a prominent position (on their arm).

  2.              A register of SIA registered door staff will be maintained to show the times on duty, names and licence numbers of all licensed door supervisors employed at the premises, this will need to 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.

  3.              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.

  4.              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.

  5.              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 yearly.

  6.              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.

  7.              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.

  8.              A register of refusals will be maintained and this will need to 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

   

  None