Ipswich Borough CouncilLicensing

East Anglian Markets

67 St Matthews Street, IPSWICH, Suffolk, IP1 3EW

Completed application 071565 which is a DPS Variation and TRANSFER applications for Premises Licence from 15/08/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  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.

   

  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

  Applicant will ensure that no alcohol is sold to those underage or already heavily intoxicated.

  Applicant will ensure that no alcohol is sold out of hours.

   

  The Prevention of Crime and Disorder

  No alcohol will be sold to heavily intoxicated persons or  a group of people.

  CCTV's will be installed in good working order and a public notice will be displayed at the request of the Council or Suffolk Constabulary

   

  Public Safety

  Applicant will make sure that fire exits are unobstructed

  Fire exits signs will be in place

  All exits and doors can be open at any time.

   

  The Prevention of Public Nuisance

  Applicant will make sure that no noise or flashing lights disturb the neighbourhood

  Waste will be emptied regularly to minimize nuisance smells

  Any request by an authorised officer of the Council in relation to reducing noise will be complied with.

   

  The Protection of Children from Harm

  Applicant will ensure no alcohol is sold to persons under 18 years by proof of ID if in doubt of age.

   

  Conditions agreed to with Police

  Applicant will promote the Challenge 21 policy, only accepting bona fide photographic forms of ID

  Applicant will operate a refusals book.

   

  Conditions consistent with the Operating Schedule Toolkit

  Conditions relating to the prevention of crime and disorder

  CCTV & Communication

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

  Proof of Age Cards

  2.              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.                           

  Notices

  3.              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)                           

  CONDITIONS RELATING TO PUBLIC SAFETY

  Escape Routes

  4.              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                           

  5.              Curtains, Hangings, Decorations and Upholstery

  6.              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.                           

  First Aid

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

  Lighting

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

  Temporary Electrical Installations

  9.              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

  10.              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

  11.              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)              

  CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)

  12.              I will not use portable heating appliances on the premises;             

  I will not use any paraffin or other mineral oil in any lamp, stove or other appliance except for cooking purposes;             

  CONDITIONS RELATING TO PREVENTION OF PUBLIC NUISANCE

  Noise and vibration

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

  I will ensure that any ventilation system has suitable sound attenuation.             

  Noxious smells

  14.              I will ensure that offensive smells from the licensed premises are not permitted so as to cause a nuisance to nearby properties and the premises are properly vented.             

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

  Light pollution

  15.              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.             

  Litter

  16.              I will make sure litter is regularly cleared from the vicinity of the premises             

  CONDITIONS RELATING TO PROTECTION OF CHILDREN FROM HARM

  General

  17.              A crime prevention policy agreed by the police and local authority will be in place;             

   

  Children in performances

  18.              I will make sure that children are accounted for at all times in case of an evacuation or emergency;                           

  Conditions offered by applicant at variation stage (September 2015)

  CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER

  CCTV & Communication

  19.              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.                 

  20.               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.             

  21.               I will keep auditable records relating to the operation of the CCTV system and staff training in this respect.               

  Proof of Age Cards

  22.              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.                           

  Crime Prevention Schemes

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

  Litter and Waste

  24.               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                           

  CONDITIONS RELATING TO PUBLIC SAFETY

  Public Liability Insurance

  25.               I will make sure that I have valid public liability insurance in force and that a copy of the schedule is available for inspection by an authorised officer on request.             

  CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)

  26.              I will not use any appliances utilising cylinders or containers of gas on the premises;             

  CONDITIONS RELATING TO PROTECTION OF CHILDREN FROM HARM

  General

  27.              I will comply with Retailer Alert Bulletins issued by Portman Group  Note: This condition may               be appropriate for licensed premises selling alcohol products in a manner that may appeal to               or attract minors.                           

  28.              I will implement a  proof of age policy agreed by the police and local authority;  Note: Proof               of age cards are dealt with in the pool of conditions relating to the crime and disorder objective. However, it may be appropriate to consider the production of proof of age cards to ensure that appropriate checks can be made where the presence of children is restricted by age at certain time.              

  29.              I will ensure an adequate risk assessment is in place with regard to the protection of children               from harm whilst they may be present on the premises and while licensable activities are taking place. Such risk assessment to be produced to an authorised officer on demand.             

   

  Conditions as agreed with Suffolk Constabulary at variation stage (September 2015)

  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 Ipswich Borough Council Licensing authority or an authorised member of Suffolk Constabulary immediately upon request.

  5:               No beer , cider or lager of above 6.5% abv will be sold or supplied from the premises. For the avoidance of doubt this shall include premium and craft products.

   

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