Ipswich Borough CouncilLicensing

Bicafe O Portugues

32 Norwich Road, IPSWICH, Suffolk, IP1 2NJ

Premises Licence PLA0257 from from 13/08/2015 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• 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.

   

  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

               

  General

  O Portugese will implement the four licensing objectives

  Staff will be trained

  Posters and signage will be in place

  Good lighting

  Alcohol will not be sold to drunk people

   

  The Prevention of Crime and Disorder

  CCTV

  Signage will be implemented as part of a policy to avoid Crime and Disorder

  Drugs will not be tolerated

  Violent behavior will not be tolerated

  Public Safety

  O Portugese will liaise with the Authorities and implement any recommendations if necessary

  Drunk people will not be tolerated in the premises

  We will protect staff, customers and neighbours

   

  The Prevention of Public Nuisance

  Posters and signage will be in place both indoors and outdoors

  O Portugese will follow the recommendations given by the Health and Safety Officer

   

  The Protection of Children from Harm

  O Portugese will have a ‘no proof, no sale’ Policy in respect of age

  Staff will be trained regarding the no sales of alcohol to people under 18

  Challenge 21 will be incorporated

  Conditions agreed through mediation with Suffolk Police Constabulary

   

  1.              All bar staff engaged in the sale of alcohol to be trained in responsible alcohol, within three months of commencing employment at the premises. Training records shall be kept on the premises and produced to the Police and authorised Local Authority Licensing Officers on demand. For the avoidance of doubt, this training can be administered in-house in accordance with the relevant criteria

   

  2.              Signage, in not less than 32 font, shall be clearly displayed prominently at the point of access, toilet areas and exits in relation to Age Policy, Drug Policy and Dispersal Policy

   

  3.              Lighting to be clarified - internal

   

  4.              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, be correctly time and date stamped, recordings must be kept in date order, numbered sequentially and kept for a period of 30 days and made available to Police 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 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; actions taken are to be recorded. 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

   

  5.              All instances of drunkenness, disorder, drug use or violence will be challenged, resulting in the ejection or retention of the individual(s) and under serious circumstances, consideration shall be given to their permanent exclusion from the premises in future

   

  6.              To become an active member of Ipswich Barwatch and engage with membership of Banned from One Banned from All. All individuals, without any exception, subject to a local bar watch pub ban will be refused entry and excluded from the premises for the entire duration of their ban. All staff will be alerted to the banned persons by the Pub Watch representative and report any attempt that such persons make to gain access to the premises to the Police

   

  7.              An incident book shall be kept and maintained on the premises at all times. The book shall detail in brief, incident of injury/ejection/refusals/drug misuse/seizure/age challenge. Such matters shall be timed, dated and signed by the author and produced to Police/Authorised Licensing Officers on demand

   

  8.              The Designated Premises Supervisor will authorise the sale of alcohol to all staff by way of a written consent record. The record is to be signed and dated by the DPS and the member of staff. The record is the be kept at the premises and to be made available to the Police and/or the responsible authorities upon request

   

  9.              Persons under the age of 18 must be accompanied at all times by a responsible adult. No person under the age of 14 shall be permitted in the bar area of the licensed premises whilst the premises are open for licensed activities unless one of the following applies:

  (a) He/she is the child of the holder of the premises licence,

  (b) He/she resides in the premises, but is not employed there,

  (c) He/she is in the bar solely for the purpose of passing to or from some part of the premises

   

  10.              It shall be the DPS's responsibility to ensure that all staff are clearly instructed to not allow any open drinking vessels to be removed from the premises by customers. For the avoidance of doubt, no drinking vessels should be taken into the smoking area. Empty drinking vessels shall be regularly collected so as to ensure no accumulation in areas where the public have access and any activities such as the taking out of refuse; including glass bottles, must NOT be carried out between 2300hrs and 0700hrs

   

  11.              All instances of drunkenness, disorder, drug use or violence will be challenged, resulting in the ejection or retention of the individual(s) and under serious circumstances, consideration shall be given to their permanent exclusion from the premises in the future

   

  12.              The Premises Licence Holder shall provide on the licensed premises a secure deposit box to retain any confiscated items, and will notify the Police of any items requiring safe disposal

   

  13.              Any waste or litter, including smoking related litter, at the perimeter of the licensed premises shall be cleared once every 24 hours at the close of business. Adequate smoking related litter bins shall be provided at the front of the entrance and smoking areas of the premises and these shall be emptied on a daily basis

   

   

  Conditions agreed through mediation with Ipswich Borough Council’s Planning Department

   

  1.              That licensable activities will only take place in accordance with the premises plan in the areas high-lighted

   

  Conditions offered by applicant at variation stage (December 2012)

   

  1.              No drinks to be consumed outside the premises

   

  2.              Doors will be locked after 11pm and entry will be refused:- anyone that leaves will not regain access

   

  3.              Customers will not be allowed outside the front of the premises after 10pm

   

  4.              Children will be restricted on the premises after 10pm

   

   

   

• Annex 3 - Conditions attached after a hearing by the licensing authority

   

  N/A