Ipswich Borough CouncilLicensing

WiffWaff Bar & Grill

Unit 12&13 Regatta, Key Street, IPSWICH, Suffolk, IP4 1FH

Completed application 066014 which is a DPS Variation Application for Premises Licence from 28/07/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• 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

   

  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.                (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 in relation to the 4 licensing objectives

   

  Prevention of Crime and Disorder: Public Safety: Prevention of Public Nuisance

  Protection of Children from Harm

   

  1.              A sensible drinking policy to be in place

   

  2.              Staff training to be given in relation to proof of age, underage drinking and refusal register

   

  3.              CCTV to be operated at the premises internally and externally

   

  4.              Appropriate external lighting to be provided

   

  5.              No drinks promotions or discounts to be offered

   

  6.              All escape routes to be highlighted and staff to be trained in the process of evacuating the building

   

  7.              Correct fire extinguishers to be kept in the premises

   

  8.              No glassware or drinking to be allowed outside the premises after 23.00 hours

   

  9.              Proof of age scheme ‘Challenge 25’ or current official proof of age scheme to be adhered to

   

  10.              Clear and legible notices to be prominently displayed at all exits requesting the public to respect the needs of the local residents and to leave the premises and area quietly

   

  11.              Except for ingress and egress from the premises, all doors and windows to remain closed during events involving regulated entertainment

   

  12.              The volume of the amplified music in the premises to be turned down after 00.30 hours

   

  13.              Internal live music to cease at 00.30 hours on any night

   

  14.              Recorded music between the hours of 00.00 and 00.30 to be limited to background music only

   

  15.              Regular monitoring of noise levels to take place outside the premises - Staff to aurally check external areas regularly for elevated noise levels during events involving regulated entertainment and appropriate measures taken to reduce and control noise emissions at that time if considered likely to cause excess disturbance to neighbouring properties. Written records of checks to be kept and made available to the Local Authority on request

   

  Outside Seating Area Conditions

   

  1.              Whilst the external seating area is in use by the premises, it must be adequately supervised; checks must be made at half hourly intervals (this to include removal of empty glassware and breakages etc)

   

  2.              The area used to be clearly delineated by barriers provided by the venue and to be limited to 13 tables accommodating 60 covers in all

   

  3.              Whilst that area is in use by the premises, the staff must ensure that persons using that area are seated and within the area delineated by the barriers provided by the premises

   

  4.              Whilst that area is in use by the premises, staff must ensure any customers who may be smoking in that area do not encroach upon the public right of way and allow free and unfettered access to persons wishing to uses it

   

  5.              The external side seating area must not be used by the venue after 23.00 hours each evening

   

  6.              The Police will liaise with the management concerning use of this area by the venue and in the event that there should be any issues that undermine one or more of the licensing objectives, the management, having been notified, will use their best endeavours to address the situation in good time and if necessary remove the tables from use until such a time it is agreed by the Police in writing that those concerns are addressed

   

  7.              The Environmental Health Officer will liaise with the management concerning use of this area by the venue and in the event that there should be any issues that undermine the public nuisance licensing objective, the management having been notified, will use their best endeavours to address the situation in good time and if such issue is not addressed and a public nuisance is proved, if necessary the tables and chairs will be removed from use until such a time it is agreed in writing by the Environmental Health Officer and those concerns are addressed

   

  8.              Notices to be placed in the external area, requesting customers to respect the needs of local residents

   

  9.              Notices to be placed in the external area requesting customers to ensure that they remain within the approved area and do not take glass drinking vessels from that area

   

  Conditions agreed through mediation with Suffolk Constabulary

   

  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 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 28 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 log.

   

  2.              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, 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. Training shall be reviewed annually to ensure staff are up to date with the latest legislation.

   

  3.              To enhance the mandatory condition relating to an age verification policy, the premises licence holder will implement the ‘Challenge 25’ scheme, ensuring prominent signage is displayed throughout the premises and all staff are trained in its operation. “The Premises Licence Holder shall ensure that any person selling or supplying alcohol at the premises, under the authority of a relevant Personal Licence Holder, asks for a photographic proof of ID document where they have reason to suspect that the individual may be under 25 years of age”.

   

  4.              A refusals register will be maintained at the premises to record all refused sales. The entry for each refused sale will be entered into the register within one hour of the refusal taking place and will show the date, time and the description of the refused person and must show the details of the person refusing the sale. Each entry will be kept in the register for a minimum of 12 months and must be made available for inspection by an authorised member of the local authority or an authorised member of Suffolk Constabulary immediately upon request.

   

  Conditions agreed through mediation with Ipswich Borough Council's

  Environmental Protection team

   

   

  1.              No speakers for amplification of music shall be placed on the outside of the premises or on the outside of any building forming a part of the premises.

   

  2.              The handling of kegs, bottles cleaning equipment, bottle disposal and similar items shall not take place after 19.00 hours when the noise generated could cause a nuisance to neighbours.

   

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