Ipswich Borough CouncilLicensing

Cafe Central OLD LICENCE

37 Norwich Road, IPSWICH, Suffolk, IP1 2ET

Completed application 062086 which is a Cancellation/Surrender for Premises Licence from 29/02/2016 to 19/02/2019

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live 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 offered by applicant

   

  Prevention of Crime and Disorder

   

  CCTV & Communication

   

                       I will provide and actively use a means of two way communication to report incidents between the premises and the local police or CCTV monitoring centre.

   

                       I will install Video/CCTV equipment inside/outside the premises and ensure that it is maintained in working order.

   

                       I will set Video/CCTV equipment to record from the time that the premises open to the public until the premises close and all members of the public have left.

   

                       I will put up notices advising that CCTV has been installed on the premises so that they are clearly visible to the public within the licensed premises.

   

  Bottles and Glasses

   

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

   

  Restrictions on Drinking Areas

   

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

   

  Capacity Limits

   

                       I will ensure that the maximum occupancy of the licensed premises is restricted at any one time to:…

   

  Proof of Age Cards

   

                       I will ensure that any person selling or supplying alcoholic drink under the authority of a personal licence holder asks for a photo ID proof of age where they have reason to suspect that the individual may be under 18 years of age.

   

  Drinks Promotions

   

                       I will adopt and comply with the British Beer and Pub Associations Guidelines on On-Trade Promotions.

   

  Prohibited Substances

   

                       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

   

                       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)

   

  Crime Prevention Schemes

   

                       I shall participate in the local pubwatch/nightsafe scheme operating in the Borough/District

   

  Litter and Waste

   

                       I will be responsible for the disposal of waste on the frontage of the premises and make provision for the emptying of litter bins in the vicinity of the premises

   

  Lighting

   

                       I will ensure that lighting is provided outside the premises (and in my private car park) during the hours of darkness when any licensable activity takes place on the premises.

   

  Public Safety

   

  Escape Routes

   

                       I will make sure that escape routes and exits, including external exits, are maintained to ensure that they are not obstructed, in good order with non-slippery and even surfaces, free of trip hazards and clearly identified.

   

                       I will make sure that all exit doors are easily openable and do not require  the use of a key, card, code or similar means

   

                       I will make sure that doors at such exits are regularly checked to ensure that they function satisfactorily and a record of the check is kept.

   

                       I will make sure that any removable security fastenings are removed whenever the premises are open to the public or occupied by staff.

   

                       I will make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous.

   

  Safety Checks

   

                       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.

   

  Curtains, Hangings, Decorations and Upholstery

   

                       I will make sure that hangings, curtains and temporary decorations are maintained in a flame-retardant condition.

   

                       I will make sure that Hangings, curtains and temporary decorations are arranged so as not to obstruct exits, fire safety signs or fire-fighting equipment.

   

                       I will make sure that Temporary decorations are not used without prior notification to the licensing authority/fire authority.

   

  Fire Action Notices

   

                       I will make sure that notices detailing the action to be taken in the event of fire or other emergencies, including how the fire brigade should be summoned, are prominently displayed and protected from damage and deterioration.

   

  Outbreaks of Fire

   

                       The fire brigade will be called at once to any outbreak of fire, however slight, and the details recorded in a Fire Log-book.

   

  Loss of Water

   

                       I will notify the local Fire Control Centre as soon as possible if the water supply to any hydrant, hose reel, sprinkler, drencher or other fire extinguishing installation is cut off or restricted.

   

  First Aid

   

                       I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises

   

  Lighting

   

                       In the absence of adequate daylight, I will make sure that the lighting in any area accessible to the public is fully operational;

   

                       I will make sure that Fire safety signs are adequately illuminated;

   

                       I will not alter Emergency lighting without prior notification to the Licensing Authority

   

                       I will make sure that Emergency lighting batteries are fully charged before admission of the public;

   

                       In the event of failure of normal lighting, where the emergency lighting battery has a capacity of one hour, I will make sure that evacuation of the premises is possible within 20 minutes;

   

  Temporary Electrical Installations

   

                       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.

   

  Safety Certificates

   

                       I will make sure that the following systems are maintained and inspected by suitably qualified professional persons in accordance with any British Standards and at intervals recommended in national guidance, and will keep the records of such inspections available for inspection by authorised officers on request:

                Building Electrical Installation

                Emergency Lighting System

                Fire Warning System

                Gas boiler, calorifier or appliance

                Oil fired boiler or appliance

                Suspended ceilings

                Portable fire fighting equipment

                Temporary Electrical Installation

   

  Alterations to the premises

   

                       I will not alter the premises in such a way as to make it impossible to comply with an existing licence condition, without first seeking a variation of the premises licence.

                (N.B  This will enable you to propose the amendment of any conditions that you would not be able to comply with upon completion of works)

   

  Prevention of Public Nuisance

   

  Noise and vibration

   

                       I will make sure that Noise or vibration is not noticeable at the façade of any noise sensitive premises;

   

                       I will make sure that doors and windows are kept closed (except for ingress and egress) to reduce noise nuisance from the premises;

   

                       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;

   

                       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;

   

                       I will make sure that during the final hour of opening the music is discernibly quieter;

   

                       I will not permit the playing of live or recorded music in garden areas of the premises after 22.30

   

                       I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.

   

                       I will nominate a person to be responsible for monitoring noise levels and instruct that person to implement changes in noise levels in accordance with any request by an authorised officer of the Council immediately and ensure that volume is maintained at the reduced level.

                (Note: this may be more relevant at an outdoor event)

   

                       I will ensure that no amplified sound (including public announcements) in connection with the event continues beyond the permitted hours of the entertainment.

                (Note: this may be more relevant at an outdoor event)

   

  Noxious smells

   

                       Ensure that receptacles for waste are emptied regularly to minimise nuisance smells.

   

  Light pollution

   

                       I will ensure that flashing or particularly bright lights on or outside the licensed premises do not cause a nuisance to nearby properties, whilst balancing the need for lighting in the interests of prevention of crime and disorder.

   

   

   

   

   

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

   

  HEARING DETERMINATION JANUARY 2011

   

  During the course of the hearing, the Applicant amended his application as follows:

   

  The application to allow Recorded Music both indoors and outdoors at the premises be withdrawn. 

  The application to allow Live Music both indoors and outdoors at the premises be restricted to being an application for just unamplified live music indoors.

   

  The Sub-Committee determined to grant the Premises Licence as follows:

   

  1.              To allow the supply of alcohol both on and off the premises during the following hours:

   

  Sunday to Thursday 08:00 to 22:30

  Friday and Saturday 08:00 to 23:00

   

  2.              To allow unamplified live music indoors

   

  Friday and Saturday 14:00 to 23:00

  Sunday 14:00 to 22:30

   

  3.              To allow the provision of facilities for making music (karaoke) indoors only

   

  Saturday and Sunday 14:00 to 20:00

  Conditions

   

  The Sub-Committee imposed the conditions offered by the Applicant in the Operating Schedule as conditions on the Premises Licence.

   

  In addition, the Sub-Committee believed it be necessary and proportionate to impose the following conditions on the Premises Licence:

   

  a)              to promote the prevention of public nuisance licensing objective

   

  Alcohol can only be consumed in the garden area between 08:00 and 21:00 7 days a week.  Inside the premises, alcohol can be consumed during all of the hours granted for the supply of alcohol.

   

   

  b)              to promote the prevention of crime and disorder licensing objective

   

  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.

   

  CCTV shall be installed at the premises.  The holder of the premises licence shall ensure that the CCTV equipment is maintained in good working order, monitored during licensable activity and covers all areas used for licensable activity and the CCTV equipment is checked prior to the start of the licensable activity and an auditable record maintained.  The holder of the premises licence is to ensure that repairs to the system are done expeditiously.

   

  CCTV recordings to be retained for a minimum of 21 days and will be made available to the Police or authorised officer upon request, or at the earliest opportunity agreed at the time of the request.

   

  All staff trained in the use of CCTV system and able to provide copy/copies when requested.

   

   

  c)              to promote the prevention of crime and disorder licensing objective

   

  The Premises will be a member of the Leisure Link Radio Scheme, or other scheme approved by Suffolk Police, to provide a means of two-way communication to report incidents between the premises and the local Police or CCTV monitoring centre.  The premises will actively monitor and use the system.

   

   

  d)                    to promote the protection of children from harm licensing objective

   

  Implement the Challenge 25 Scheme and require photo I.D. proof of age where there is reason to suspect that the individual may be under 25 years of age.

   

  A refusal book will be kept at the premises and maintained at all times.  This will be provided to police on request.

   

   

   

   

   

   

   

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