Ipswich Borough CouncilLicensing

Church's Bistro and Bar

The White House, Tower Church Yard, IPSWICH, Suffolk, IP1 3BW

Completed application 053124 which is a DPS Variation Application for Premises Licence from 20/05/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.

   

  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 RELATING TO THE PREVENTION OF CRIME AND DISORDER

  Bottles and Glasses

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

  2.              No customers will be admitted, or permitted to leave when carrying open or sealed bottles or glasses

  Restrictions on Drinking Areas

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

  Capacity Limits

  4.              I will ensure that the maximum occupancy of the licensed premises is restricted at any one time to:120

  Proof of Age Cards

  5.              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.

  Prohibited Substances

  6.              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”) 

  7.              I will ensure that a secure deposit box is kept on the premises for the retention of confiscated items and ensure that the Police are advised of any items which require safe disposal.

  Notices

  8.              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

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

  Litter and Waste             

  10.              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

  11.              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.

  Escape Routes

  12.              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.

  13.              I will make sure that where chairs and tables are provided, internal gangways are kept unobstructed.

  14.              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

  15.              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.

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

  17.              I will make sure that all fire doors are maintained effectively self-closing and not held open other than by approved devices (for example, electromagnetic releases operated by smoke detectors).

  18.              I will make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut.

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

  Curtains, Hangings, Decorations and Upholstery

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

  21.              I will make sure that any upholstered seating meets on a continuous basis the pass criteria for smouldering ignition source 0, flaming ignition source 1 and crib ignition source 5 when tested in accordance with section 5 of Bs 5852:1990.

  22.              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.

  Fire Action Notices

  23.              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

  24.              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

  25.              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.

  Disabled People

  26.              I will make sure that when disabled people are present, adequate arrangements exist to enable their safe evacuation in the event of an emergency, and that patrons are made aware of these arrangements;

  First Aid

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

  28.              I will make sure that at least (please specify …..) trained first aider(s) will be on duty when the public are present

  Lighting

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

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

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

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

  33.              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;

  34.              Where the emergency lighting battery has a capacity of three hours, I will make sure that evacuation of the premises is possible within one hour;

  Temporary Electrical Installations

  35.                            I will not provide temporary electrical wiring and distribution systems without

  [notification to the licensing authority at least ten days before commencement of the work] or [prior inspection by a suitably qualified electrician];  (delete as applicable)

  Note: It may not be possible to give ten days notice where performers are supported by external technical teams (for example where temporary electrical installations are made in theatres for television show performances). In such cases the key requirement is that competent persons undertake the work).

  36.              I will make sure that any temporary electrical wiring and distribution systems comply with the recommendations of BS 7671 or where applicable BS 7909.

  37.              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

  38.              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

  Public Liability Insurance

  39.              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.

  Alterations to the premises

  40.              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)

  General

  41.              I will make free drinking water available at all times the premises is open to the public;

  42.              I will provide sufficient seating to accommodate 75% of the maximum capacity of the premises. 

  CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)

  43.              I will make sure that where tables and chairs are provided, clear gangways to exits are maintained;

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

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

  46.              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

  47.              I will make sure that Noise or vibration is not noticable at the façade of any noise sensitive premises;

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

  49.              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;

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

  51.              I will not permit the playing of live or recorded music in garden areas of the premises after (please specify time here);

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

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

  Noxious smells

  54.              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.

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

  Litter

  56.              I will provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site

  57.              I will make sure that receptacles for refuse storage are maintained in a clean condition.

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

  CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM

  General

  59.                            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.

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

  Additional conditions offered by the Applicant

  1.              Auditable procedures to be in place to ensure that all staff are trained and briefed as to their responsibilities with regard to the supply of alcohol on the premises.

  2.              Children under 16 years of age must be accompanied whilst on the premises at all times by an adult who will be required to maintain proper control of them.

  3.              Any person selling or supplying alcoholic drink under the authority of a personal licence holder must follow the guidelines contained within the Suffolk Constabulary Challenge 21               Scheme and ask for photo ID proof of age where they have reason to suspect that the individual may be under 21 years of age.

   

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

   

  N/A