Ipswich Borough CouncilLicensing

Silver Star

37-39 Vernon Street, IPSWICH, Suffolk, IP2 8JA

Completed application 079528 which is a DPS Variation Application for Premises Licence from 26/07/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  Conditions yet to be entered.

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Conditions yet to be entered.

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

   

  Conditions yet to be entered.

• 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 Premises Operating Schedule

  Conditions offered by applicant

   

  CCTV and Communication

   

           I will provide a means of two way communication to report incidents between the premises and the local police or CCTV monitoring centre.

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

           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.

           I will ensure that monitoring tapes are retained for at least twenty eight days and are produced to an authorised officer on demand in a viewable format.

           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.

           A person will be trained to download from CCTV.

   

  Bottles and Glasses

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

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

  Restrictions on Drinking Areas

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

  Capacity Limits

  I will ensure that the maximum occupancy of the licensed premises is restricted at any one time to 200.

  Proof of Age Cards

  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

  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

  I will implement a policy agreed by the police and local authority.

  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 otems which require safe disposal.

  Notices

  I shall ensure that public information notices about crime and disorder issues are displayed at the request of the Council or the Suffolk Constabulary.

  I will display any restrictions on the admittance of individuals according to age (e.g. Children) on or immediately outside the premises.

  I will display any conditions of entry to the premises in the vicinity of any entrance to the premises.

  Crime Prevention Schemes

  I shall participate in the local pubwatch/nightsasfe scheme operating in the Borough/District.

  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 during the hours of darkness when any licensable activity takes place on the premises.

  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.

  Access for Emergency Vehicles

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

  First Aid

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

  Temporary Electrical Installations

  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

  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.

  Public Safety (Late Night Refreshment)

  I will make sure that where tables and chairs are provided, clear gangways to exits are maintained.

  I will not use portable heating appliances on the premises.

  I will not use any appliances utilising cylinders or containers of gas on the premises.

  I will not use any paraffin or other mineral oil in any lamp, stove or other appliance except for cooking purposes.

  Noise and Vibration

  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 display prominent, clear and legible notices at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.

  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.

  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.

  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

  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

  External lighting shall be installed and maintained at the premises in order to promote the licesnsing 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 minimize the risk of causing public nuisance by light pollution.

  Litter

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

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

  I will make sure litter is regularly cleared from the vicinity of the premises.

  General

  I will comply with Retailer Alert Bulletins issued by Portman Group.

  A crime prevention policy agreed by the police and local authority will be in place.

   

  I will implement a  proof of age policy agreed by the police and local authority.

   

  Conditions agreed through mediation with Suffolk Police Constabulary

   

  Fully auditable training records should be maintained for all staff in respect of the sale of alcohol. These will be made available for inspection upon request to the Police and all other Responsible Authorities.

   

  To implement the Challenge 21 Scheme, and require photo I.D. proof of age where there is reason to suspect that the individual may be under 21 years of age.

   

  A refusal book will be kept at the premises and maintained at all times. This will be provided to police on request.

   

  Conditions agreed through mediation with Ipswich Borough Council’s Environmental Protection department  (November 2013)

   

  1.        I will nominate a person to be responsible for monitoring noise levels and instruct that person to implement changes in noise levels to ensure that the noise level measured at any point on the dance floor does not exceed 90dB LAeq,5mins.

   

  2.        Whenever amplified music is being played:

  a)        The front door giving access to Vernon Street shall be closed except for emergency use after 21:00hrs, and at all other times shall be kept closed except to allow ingress and egress of patrons and staff.

  b)        All other doors and windows shall be kept closed except to allow ingress and egress of patrons and staff.

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

   

                       The Premises Licence Holder should publish a contact telephone number on the Premises website for use by members of the public should they wish to make a complaint about noise level at the Premises