Ipswich Borough CouncilLicensing

Rep Live

11 Tower Street, IPSWICH, Suffolk, IP1 3BE

Completed application 054466 which is a DPS Variation Application for Premises Licence from 18/10/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• 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 carried over from Embedded Restrictions - Licensing Act 1964:

  Alcohol shall not be sold or supplied except during permitted hours.

  In this condition, permitted hours means that which are shown on the premises licence.

   

  Restrictions

   

  The above restrictions do not prohibit:

  consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  the sale of alcohol to a trader or club for the purposes of the trade or club;

  the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  the taking of alcohol from the premises by a person residing there; or

  the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or

  the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

   

   

  Credit Sales

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

  a) with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;

  b) for consumption by a person residing in the premises or his guest and paid for together with his accommodation;

  c) to a canteen or mess.

   

  Source Section 166 Licensing Act 1964

   

  Conditions carried over from Justices’ Licence:

   

  Ground Floor Maximum Capacity:                            290 persons

  First Floor Maximum Capacity:                            130 persons

   

  Conditions offered by applicant:

   

  Prevention of Crime & Disorder Licensing Objective-

  Door Supervisors will be employed: 4 on Fridays and 4 on Saturdays

  A CCTV system will be present

  The licensee will offer additional training for all house managers on dealing with illegal activities and aggressive customers

  There will be a sensible drinking policy & training in place

  The DPS of the premises will become a member of the Pubwatch scheme

  The licensee will offer additional training on communicating with customers when service is refused for drunkenness

  No bottles or glasses to leave the premises after 10pm

  Random searches will be carried out on customers

   

  Public Safety Licensing Objective-

  There will be increased supervision of the trading area by the management, staff and glass collectors

   

  Prevention of Public Nuisance Licensing Objective-

  The licensee will employ noise attenuation measures

  There will be no external drinking after 10pm

  The licensee will erect ‘please leave quietly’ signs

  Delivery & collection times will not be changed

  There will be no external Regulated Entertainment

  All windows and doors will be kept shut during live performance save for customer access and egress

   

  Protection of Children from Harm Licensing Objective-

  There will be minimum signage placed on the AWP machines

  There will be an audited proof of age scheme in place

  The licensee will offer additional training on communicating with customers when service is refused for no proof of ID

   

  Conditions offered through mediation with the Police:

   

  On Thursday to Saturday (incl) any live music, disco, DJ and Karaoke to be made discernibly quieter no later than 60 mins before closing time and to cease completely 30 mins before closing time. This includes any Bank Holidays when the hours are extended.

  Late night refreshment to be available until 30mins before closing time on any day

   

  On Thursday to Saturday (incl) the sale of alcohol must cease at 01.00 am on the mornings following, with an additional hour for the specified Bank Holidays

   

  All staff to be briefed regarding their responsibilities relating to the supply of alcohol on the premises and a record to be made regarding all training and briefings

   

  The premises is to close 30 minutes after the sale of alcohol ceases

   

  Registered door staff to be present on the premises from 22:00 until the close of hours during which the premises is open to the public (4 on Fridays, 4 on Saturdays), and a minimum of 2 Registered door staff to cover all high profile football matches to ensure that:

  1.              Drunk and disorderly persons are refused admission to/ ejected from the premises without causing further disorder

  2.              Excluded individuals are prevented from entering the premises

  3.              An orderly queue is maintained immediately outside the premises

  4.              Capacity limits are monitored and enforced

  5.              To ensure that a defined dispersal policy is in place

   

  The CCTV system is to be maintained in good working order and updated to ensure its effectiveness. A minimum of 75% of which must be fully operational during licensing hours to cover all areas of the licensed premises with recordings kept in date order for a period of not less than 28 days

   

  To erect notices advising the public that a CCTV system has been installed on the premises

   

  To ensure that when requested to do so by police drinks are only available for consumption from plastic or toughened glasses

   

  To ensure that any person selling or supplying alcohol follows the guidelines of the Challenge Scheme when serving anyone who may be under 21 yrs of age

   

  To adopt and comply with the British Beer and Pub associations guidelines on Point of Sale promotions.

   

  To ensure a secure, lockable box/cabinet is kept on the premises

   

  Conditions offered through mediation with the Police at variation stage (February 2010):

   

  Children under the age of 16 will be required to leave the premises by 8pm every day

  Children under the age of 16 must be accompanied whilst on the premises at all times by an responsible adult who will be required to maintain proper control of them at all times

  To ensure that the premises is a member of the Pubwatch Scheme as well as a Town Link Radio Scheme or equivalent

   

   

   

   

   

   

   

  Conditions offered by applicant at minor variation stage (June 2014)

   

  CCTV shall be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions. Cameras shall emcompass all ingress and egress to the premises and areas where the sale/supply of alcohol occurs. Equipment must be maintained in good working order, recordings must be 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 of storage device to the Police/Local Authority upon request. The recording equipment and discs shall be kept in a secure environment under the control of the DPS or other responsible names individual.

  All drinks must be supplied in polycarbonate/toughened glassware

  All bottles unless provided in PEL bottles must be decanted into polycarbonate/toughened glassware save for champagne or wine bottles

   

   

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

   

  Variation - 12th June 2008

   

  1.              The supply of alcohol for consumption off the premises is restricted to consumption in the ‘sitting out’ area of the premises - permission for which has previously been granted by the Licensing & Regulatory Committee.

  2.              No bottles or glasses to leave the premises after 10pm.There will be no external drinking after 10pm.

   

  3.              The applicants must display prominent, clear and legible notices at all exits requesting patrons not to take alcohol outside the premises after 10.00 pm.

   

  4.              Children under the age of 16 will be required to leave the premises by 6 pm every day

   

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

   

  7.              It shall be a condition of the licence that the licensee must keep on the premises log books, in a format prescribed by the Council, which are

   

  kept in a safe and secure place;

  accurate and up to date;

  bound and consecutively numbered; and

  available for inspection.

   

  8.              To adopt and comply with the Portman Code and the British Beer and Pub Association’s guidelines of Point of Sale promotions.

   

  9.              A minimum of 2 SIA registered door supervisors to be present on the premises on Thursday evenings each week and a minimum of 4 SIA registered door supervisors to be present on the premises on Friday and Saturday evenings each week until the end of hours during which the premises are open to the public.  The sub-committee impose this condition because they believe that it is necessary to promote the licensing objective of preventing crime and disorder, and to promote security and safety at the premises.