Ipswich Borough CouncilLicensing

Hanks Pub & Food

66-68 St Helens Street, IPSWICH, Suffolk, IP4 2LA

Completed application 064843 which is a DPS Variation and TRANSFER applications for Premises Licence from 10/02/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.

   

  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

   

   

  1. The premises shall install and maintain a closed circuit television surveillance (CCTV) system which at all times complies with the below requirements:

   

  a. CCTV will be provided in the form of a recording system, capable of providing pictures of evidential quality in all lighting conditions, particularly allowing facial recognition at all entry       and exit points;

  b. CCTV cameras shall cover all public areas including all entrances and exits and all areas where the sale of alcohol takes place;

  c. Equipment must be maintained in good working order, be correctly time and date stamped, and recordings must be kept in good working order and kept for a minimum period of 31 days;

  d. At all times whilst the premises is open for licensable activities, a member of staff must be able to provide viewing of recordings to the police upon request.

  e. A download of requested CCTV footage in viewable format on disc or storage device must be provided to the Police/Local Authority within 12 hours of any request.

  f. The recording equipment and data storage devices shall be kept in a secure environment and fitted with security functions (such as passwords) to prevent recordings being tampered with;

  g. A daily operational log report must be maintained, endorsed by signature, indicating the system has been checked and is compliant. In the event of any failings, immediate action is to be taken to remedy the faults, and those actions are to are recorded in the log. In the event of technical failure of the CCTV equipment, the Premises Licence holder/DPS shall report the failure to the Police/Local Authority immediately.

   

  2. No persons employed in the sale of alcohol to customers will undertake this duty until they have received appropriate training from the DPS/manager and the DPS or manager plus the employee have signed the training record. Training records shall be kept on the premises and produced to the Police or authorised Local Authority Licensing Officers on demand.

   

  3. An incident book shall be kept and maintained on the premises at all times. The book shall detail incidences such as disorder/injury/ejection/refusal/drug misuse/seizure/age challenges. Detail will include brief description of incident, action taken, time, date and signature of relevant member of staff. Within a reasonable time-frame, the DPS shall review all entries, arrange for any further reasonable action (which should also be recorded) and then countersign the original entry. The Incident book shall be produced to the Police/authorised Licensing Officers on demand.

   

  4. Persons under the age of 18, permitted on the premises up until 2000 hrs must be accompanied at all times by a responsible adult.

   

  5. There shall be no person under the age of 18 permitted on the licensed premises after 2000 hrs unless accompanied by a responsible adult and also partaking in a table meal whilst the premises are open for licensable activities.

   

  6. There shall be no person under the age of 18 permitted on the licensed premises after 2300, except for the purposes of making their way through the licensable area of the premises in order to legitimately access accommodation or non-licensable areas of the premises.

   

  7. All individuals without exception subject to a local pubwatch/pub ban list 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 pubwatch representative and report any attempts that such persons make to gain access to the premises to the Police.

   

  8. With the exception of unopened vessels resulting from off-licence sales, no glass or other drinking vessels are to be allowed to be removed from the licensable area of the premises. For clarity’s sake, the licensable area includes the beer-garden.

   

  9. Empty drinking vessels shall regularly be collected so as to ensure no accumulation in areas where the public have access

   

  10. Any potentially noisy activities such as the taking out of glass or other refuse must not be carried out between 0000 hrs (midnight) and 0700 hrs.

   

  11. There shall be a dedicated smoking area.

   

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

   

  13. SIA door staff - The DPS will be responsible for ongoing risk assessment of the business and for employing a minimum of 2 SIA accredited door staff, for any number of hours, and on any days that he/she believes a risk assessment may reasonably require their service. Such door staff will also be employed by the DPS where specifically requested by either police or the Licensing Authority, where the police or Licensing Authority reasonably believe it to be necessary.

   

  14. A dispersal policy shall be maintained and adhered to. This will include:

  a. Calling of last orders so that there is adequate “drinking up time”

  b. Prominent signage at all exits reminding patrons to depart the premises quietly

  c. Staff encouraging customers to finish drinks and prepare to leave in plenty of time to avoid a last-minute surge

  d. Staff requesting patrons to leave the area outside the premises as quickly and quietly as possible.

   

  15. An anti-drug policy will be enforced. This policy, for which the DPS will be responsible will include:

  a. Signage declaring a zero-tolerance approach to illegal drugs - displayed prominently in the premises, including at entry/exit points and in toilets.

  b. Staff training in knowing how to identify signs of drug usage and supply, and record of such training

  c. All incidents of known drug use/supply will be challenged, and all persons believed to be using or supplying drugs on the premises will be subject to banning.

  d. On occasions where door staff are used - enforcing a search policy

  e. Recording and notification to police of any drugs seizures

  f. Routine checks of toilets

  g. Maintenance of close working relationship with local police, and support of Ion-Track drug testing by police on premises

   

  16. The premises management will enforce a “Challenge 25” age verification policy. This will include signage referring to the policy, prominently displayed within the premises, including at the bar, and at entry/exit points. Staff shall be trained in operation of the policy and that training shall be recorded. All refusals under the policy shall be recorded.

   

  17. Zero tolerance of crime or disorder - all incidents of drunkenness, anti-social behaviour or violence will be challenged, recorded in the incident book, and where appropriate, reported to police. Consideration shall be given to the permanent exclusion from the premises.

   

  18. The premises licence holder will not employ any persons who were involved in the management or day to day running of the premises between August 2014 and June 2019. Details of these persons will be provided to the Premises Licence Holder by Suffolk Constabulary. This is because serious breaches of the Licensing Act were committed during this period that resulted in the licence being revoked. Unless removed or modified by variation before then, this condition will expire on 1 August 2024.

   

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