Shamrock

2 Tacket Street, IPSWICH, Suffolk, IP4 1AY

Completed application 072543 which is a Request for Removal of Premises Supervisor for Premises Licence from 23/10/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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 Operating Schedule

  Conditions offered by the Applicant

   

  General

   

  All staff will be fully trained in service and operation

  We will provide security staff and maintain contact with town link radio

   

  The Prevention of Crime and Disorder

   

  Security staff will be fully trained and registered

  We will maintain and monitor town link radio as well as internal radios

   

  Public Safety

   

  All staff will be fully trained and the building will be checked constantly for hazards

   

  The Prevention of Public Nuisance

   

  We will check sound levels constantly

  We will talk with customers on entry and exit to maintain good order

   

  The Protection of Children from Harm

   

  Children will not be allowed on the premises

  Conditions offered by the applicant via the Operating Schedule Tool Kit and imposed by licensing sub-committee

   

  CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER

   

  CCTV & Communication

  1.	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. This system will be subject to approval  by the police
  2.	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.
  3.	I will ensure that any cameras covering the exterior of the premises are left to record for the duration of the tape (Where members of the public congregate outside the premises after they are closed)
  4.	I will keep auditable records relating to the operation of the CCTV system and staff training in this respect.

   

  Bottles and Glasses

  5. I will ensure that drinks are only available for consumption from plastic vessels or toughened glass.

   

  Capacity Limits

  6.	I will ensure that the maximum occupancy of the licensed premises is restricted at any one time to:150
  7.	I will ensure that the capacity limit is enforced.

   

  Proof of Age Cards

  8.	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

  9.	I shall not permit any irresponsible drinks promotions at the licensed premises which may negatively impact on the promotion of the licensing objectives.

   

  Prohibited Substances

  10.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

  11.	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)
  12.	I will display any conditions of entry to the premises in the vicinity of any entrance to the premises.

   

  Crime Prevention Schemes

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

   

  CONDITIONS RELATING TO PUBLIC SAFETY

   

  Safety Checks

  14.	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.

   

  Access for Emergency Vehicles

  15.	Access for emergency vehicles is kept clear and free from obstruction

   

  First Aid

  16.	I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises
  17.	I will make sure that at least 1 trained first aider(s) will be on duty when the public are present
  18.	If more than one first aider is present, I will make sure that their respective duties are clearly defined

   

  Temporary Electrical Installations

  19.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.

   

  Public Liability Insurance

  20.	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.

   

  Special Effects

  Note:               The use of special effects in venues of all kinds being used for regulated entertainment is increasingly common and can present significant risks.

  21.

  I will give prior notification to the Licensing and/or Fire Authority when I intend to use any of the following special effects: Dry ice machines and cryogenic fog; Smoke machines and fog generators; Foam cannon/snow machine; Pyrotechnics, including fireworks; Real flame; Firearms; Motor vehicles; Strobe lighting; Explosives and highly flammable substances; Lasers; (see HSE Guide The Radiation Safety of lasers for display purposes [HS(G)95] and BS EN 60825;Safety of laser products)

   

  General

  22.	I will make free drinking water available at all times the premises is open to the public;
  23.	I will make sure that staff on the premises monitor and record the number of patrons within the premises. (NB: this condition would not be relevant where there is no maximum capacity).

   

  Gangways

  24.	I will make sure that sitting on floors is not permitted except where authorised in the premises licence;
  25.	I will make sure that waiting or standing is not permitted except in areas designated in the premises licence;
  26.	I will make sure that in no circumstances is anyone permitted to:- (i)  sit in any gangway; (ii) stand or sit in front of an exit; or (iii) stand or sit on any staircase including any landings;

   

  Attendants - premises with a staff alerting system

  27.

  I will not consider the following persons available to assist in the event of an emergency: (i)  the holder of the premises licence or manager of the premises; (ii) a member of staff whose normal duties are likely to affect or delay his response in an emergency situation; (iii) a member of staff whose usual location when on duty is more than 60 metres from the location he would be required to go to on being alerted to an emergency situation;

   

  CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)

  28.	I will make sure that where tables and chairs are provided, clear gangways to exits are maintained;
  29.	I will not use portable heating appliances on the premises;
  30.	I will not use any appliances utilising cylinders or containers of gas on the premises;
  31.	I will not use any paraffin or other mineral oil in any lamp, stove or other appliance except for cooking purposes;

   

  CONDITIONS RELATING TO THE PREVENTION OF PUBLIC NUISANCE

   

  Noise and vibration

  32.	I will make sure that Noise or vibration is not noticeable at the façade of any noise sensitive premises and/or residential properties including periodic monitoring;
  33.	I will make sure that doors and windows are kept closed (except for ingress and egress) to reduce noise nuisance from the premises;
  34.	I will seek approval from the Licensing Authority (by means of a variation application) prior to the use of explosives, pyrotechnics and fireworks of a similar nature which could cause disturbance in surrounding areas;
  35.	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;
  36.	I will make sure that during the final hour of opening the music is discernibly quieter;
  37.	I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.
  38.	I will ensure that any ventilation system has suitable sound attenuation.

   

  Noxious smells

  39.	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.
  40.	Ensure that receptacles for waste are emptied regularly to minimise nuisance smells.

   

  Light pollution

  41.

  External lighting shall be installed and maintained at the licensed premises in order to promote the licensing objectives and I shall liaise with the appropriate  Environmental Services department to ensure that any lighting is positioned and of such design so as to minimise the risk of causing public nuisance by light pollution.

   

  Litter

  42.	I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site
  43.	I will make sure that receptacles for refuse storage are maintained in a clean condition.

   

  CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM

   

  General

  44.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.
  45.	A crime prevention policy agreed by the police and local authority will be in place;
  46.	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.
  47.	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.

   

  Access for children to licensed premises generally

  48.I will not permit children under the age of 18 to access the premises Note:  the above condition may be appropriate where the premises are used for gambling or any activity or entertainment (whether regulated entertainment or not) of a clearly adult or sexual nature. Applicants wishing to allow access for children to premises where these associations may be relevant should address in their operating plan their reasons and explain the steps that they intend to take to protect children from harm.

  49.

  I will exclude children under the age of 18 from the premises Note: If this condition is appropriate, the operating schedule does not need to detail steps that will be taken to promote the protection of children from harm. Otherwise, where entry is to be permitted, the operating schedule should outline steps to protect children from harm while on the premises.

   

  Conditions agreed through mediation with Suffolk Constabulary and imposed by licensing sub-committee

   

  The Prevention of Crime and Disorder

   

  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, 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 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 event of technical failure of the CCTV equipment the Premises Licence Holder/DPS shall report the failure to the Police and Licensing Authority immediately.

   

  2.              Signage, in not less than 32 font, shall be clearly displayed prominently at the point of access, toilet areas and exits; appropriately, in relation to Age policy, Drug policy, Search policy, CCTV policy and Dispersal policy. A list of local taxi firm numbers will also be displayed at point of exit/entrance.

   

   

  3.              It shall be the DPS’s responsibility to ensure that all staff are clearly instructed to not allow any 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.

   

  4.              On Friday and Saturdays there will be a minimum of two SIA registered Doorstaff employed at the premises; at least one of them will be female.  Door supervisors will be employed from 2200 hrs and will be so employed until 30 minutes after the termination of licensable activities which cease at 0200 hours Friday and Saturday.

   

  5.              All door supervisors will be easily identifiable by use of high visibility clothing/uniform. At all times on days when door supervision is required, a door supervisor shall monitor and manage the entrance/exit from the club to the smoking area. All door supervisors on commencing duty will sign an attendance book with their SIA number and signature.

   

  6.              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.

   

  7.              A search policy shall be implemented. When Door Supervisors are required, customers will be randomly searched upon entry to the licensed premises. ALL persons suspected of possessing prohibited articles will be searched upon entry. Clear signage will be prominently displayed advising customers that they may be searched as a condition of entry. A table will be made available to conduct searches of larger items such as bags. Female customers will only be personally searched by a female member of door staff.  A box will be made available where any prohibited articles are securely deposited prior to be taken to the safe in the office. Police will be notified within 36 hours of any prohibited articles for collection.

   

  8.              An ejection policy will be implemented. That by use of either Town Link Radio, the 999 service or other non-emergency number, all instances of ejection of persons from the premises must be notified to the Police at the time of happening or as soon as possible thereafter. Where an offence of violence has been committed the door supervisors or premises management will retain the offender for hand over to the Police or will take all reasonable steps to identify the offender and pass the identity to the Police as soon as is reasonably practicable. An incident book entry will be made on all occasions; timed, dated and signed by a member of staff.

   

  9.              The capacity in the premises shall be recorded by ticket/admission sale records, clicker, or other such counting device, the results of which shall be made available to an Authorised Officer of the Licensing Authority or Police on request and should be retained for a minimum of 60 days.

   

  10.              On a Friday and Saturday the toilet areas will be checked at least every hour the premises are open for licensable activities. A ‘Toilet-check’ log sheet will be endorsed to this effect and made available to Police and Local Authority Licensing Officers on demand.

   

   

   

  Public Safety

   

  11.              Policies and logs will be written for the premises relating to the following categories:

   

  Emergency procedures

  Fire safety/evacuation plan

  Refusals/banning policy

  Prohibited items policy

  Door policy

  ID Checks policy

  Search policy

  Smoking Area Policy

  Disorder and ejection policy

  Alcohol & social responsibility policy

  CCTV policy and procedure

  Special Events policy

  Customer complaints policy

  Incident report form

  Capacity log

  Refusals log

  Banned log

  CCTV log

  Ladies toilet check log

  Gents toilet check log

   

  These policies and logs will be up-to-date, accurate, relevant and subject to annual review.

   

  Prevention of Public Nuisance

   

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

   

  13.              The volume control of any amplification equipment being used on the licensed premises shall be under the direct control of the DPS/Manager, or another responsible individual nominated by the DPS, on all occasions. At the direct, justified request of an authorised officer of the Local Authority, the volume level shall be decreased.

   

  Protection of Children from Harm

   

  14.              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.

   

  15.              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 will be reviewed six monthly to ensure staff are up to date with the latest legislation.

   

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

   

  1.              In respect of Live Music

   

  a)              There shall be no more than 3 live performers performing at any time,

  b)              There shall be a ‘stage curtain’, covering the window facing onto Lower Brook Street, in place at all times when Live Music is being performed,

  c)              Performers are only permitted to perform in the ‘performance area’ shown on the plan attached hereto. At no time are performers permitted to perform in any other area of the premises.

   

  2.              The applicant shall ensure that equipment is installed forthwith at the premises to limit the noise of any amplified sound created at the premises to a level previously agreed by the Licensing Authority.

   

  3.              The applicant shall attach and display at all times a notice on the entrance/exit door to be clearly visible to the public the wording ‘this door is to be kept closed’.

   

  4.              No entrance and/or exit door shall be wedged open during opening times.

   

  5.              There shall be no entry or re-entry to the premises after midnight on any day.

   

  7.              The premises must display clear and legible notices in prominent locations at every exit of the building reminding customers to leave the premises quietly, and reminding them that it is a criminal offence to urinate in public.

   

  8.              The licensed area for the consumption of alcohol shall be restricted to the area as set out in the amended attached plan so as not to include any areas which are or may become ‘outside’ areas.      

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Conditions yet to be entered.