Ipswich Borough CouncilLicensing

Million Flavours

71-73 Upper Orwell Street, IPSWICH, Suffolk, IP4 1HP

Completed application 053126 which is a DPS Variation Application for Premises Licence from 20/05/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• provision of late night refreshment

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 Operating Schedule

   

  Conditions consistent with the Operating Schedule Toolkit

   

  CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER

   

  Proof of Age

                       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.

   

  Litter and Waste

                       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

                       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.

   

  CONDITIONS RELATING TO PUBLIC SAFETY

   

  Escape Routes

                       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.

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

                       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

                       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.

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

                       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).

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

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

   

  Safety Checks

  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.

   

  Curtains, Hangings, Decorations and Upholstery

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

                       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.

                       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.

                       I will make sure that Temporary decorations are not used without prior notification to the licensing authority/fire authority.

   

  Fire Action Notices

                       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

                       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

                       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.

   

  Access for Emergency Vehicles

                       Access for emergency vehicles is kept clear and free from obstruction

   

  Disabled People

                       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

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

                       I will make sure that at least 1trained first aider(s) will be on duty when the public are present

   

  Lighting

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

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

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

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

                       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;

   

  Safety Certificates

                       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

                       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

                     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 agreed through mediation with Suffolk Constabulary at variation stage March 2011:

   

  General

  Alcohol will not be provided to customers that appear intoxicated

  Alcohol will not be provided to customers that appear under the age of 21 without valid photographic identification proving that they are over 18

   

  The Prevention of Crime and Disorder

  Alcohol shall be distributed to residential addresses only

  If the customer appears intoxicated or under the age of 21 and unable to provide proof of their age, the order will be retained by the delivery driver and payment refunded

  Sales of alcohol are not to include any Super Strength Lagers, Beers or Cider where the strength exceeds 6.5% alcohol by volume.

   

  The Protection of Children from Harm

  If the customer appears under the age of 21 the delivery driver will request photo ID (passport/drivers licence etc) proving that they are over 18. If no valid identification can be provided, the delivery driver will retain the order and refund payment on returning to the distribution premises

   

  Conditions agreed through mediation with Ipswich Borough Council’s Environmental Protection team at variation stage March 2011:

   

  1.              Between the hours of 23:00hrs and 07:00hrs, delivery vehicles will not be left with engines running or in-car entertainment systems operating and vehicle maneuvering in the courtyard will be kept to a minimum so as to avoid disturbance to nearby residents.

   

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

   

  Conditions attached following Review Hearing (October 2013) and imposed by Magistrates Court (May 2014)

   

  1.              CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions and particularly facial recognition.  Cameras shall encompass all ingress and egress to the premises.  Equipment must be maintained in good working order, be correctly time and date stamped, recordings must be kept in date order, numbered sequentially, kept for a minimum period of 28 days and handed to police on demand.  The premises licence holder must ensure that all times the DPS and all appointed members of staff are capable and competent at downloading CCTV footage in a recordable format either disc or VHS to the police/local authority on demand. The recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or the responsible named individual. An operational log report must be maintained and endorsed by signature indicating the system has been checked and is compliant, in the event of technical failure of the CCTV equipment the premises licence holder/DPS must report the failure to the police and/or licensing authority immediately.  CCTV to be made available to the police and/or authorised local authority Licensing Officers on demand;

   

  2.              Signage in no less than 32 font shall be displayed advising customers CCTV is in operation;

   

  3.              The licence holder will ensure, as soon as possible and at least within 6 weeks of any appointment of a member of staff, they provide training to BIIAB Responsible Alcohol Retailing standards or equivalent.  A training record will be kept at the premises, which will be made available to the police and authorised local authority Licensing Officers on demand; and

   

  4.              Staff records with regards to licensing accreditations and training shall be kept on the premises and produced to the police and authorised local authority Licensing Officers on demand.

   

  5.              No alcohol is to be on display to the public at the Premises;

   

  6.              No recorded music is to be played (except that which originates from TV programmes) from midnight on any night of the week;