Ipswich Borough CouncilLicensing

Smokehouse

South Street Studios, 6 South Street, IPSWICH, IP1 3NU

Completed application 061130 which is a DPS Variation Application for Premises Licence from 19/11/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• 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.

  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 offered by applicant

   

  GENERAL

   

                       The Premises Licence Holder will employ door supervisors if required

   

                       The Premises Licence Holder will have a premsies terms and conditions of hire agreement and hirers will need to conform and sign a declaration

   

                       The Premises Licence Holder will have premises agreed rules that are to be adhered to by all members of staff, volunteers and external renters

   

                       The Committee will decide action on repeat offenders such as a Banning Order

  CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER

  CCTV & Communication

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

  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 and for a period not less than 31 days

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

  5.              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.

  6.              I will keep auditable records relating to the operation of the CCTV system and staff training in this respect. 

  Bottles and Glasses

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

  8.              I will ensure that no drinks are available for consumption from glass bottles

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

  10.              I shall ensure that customers are not permitted to take opened bottles or glasses out onto the public highway, during times, for example, when they are complying with the provisions of the smokefree regulations or making use of any pavement café permission held by the licensed premises.

  Restrictions on Drinking Areas

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

  Capacity Limits

  12.              I will ensure that the maximum occupancy of the licensed premises is restricted at any one time to the figure outlined by the Fire Risk Assessment.

  13.              I will  ensure that the capacity limit is enforced. 

  Proof of Age Cards

  14.              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

  15.              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

  16.              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”) 

  17.              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, within 48 hours of such item being confiscated.

  Notices

  18.              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)

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

  20.              I will display any conditions of entry to the premises in the vicinity of any entrance to the premises.

  Litter and Waste

  21.              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

  22.              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

  Safety Checks

  23.              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

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

  First Aid

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

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

  27.              If more than one first aider is present, I will make sure that their respective duties are clearly defined

  Temporary Electrical Installations

  28.              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

  29.              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

  30.              I will make sure that the use of special effects or mechanical installation is arranged and stored so as to minimise any risk to the safety of the audience, performers and staff;

  General

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

  32.              I will make sure that staff on the premises monitor and record the number of patrons within the premises.

  Gangways

  33.              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;

  Flammable films

  34.              I will make sure that no flammable films are allowed on the premises without prior notification to the fire and/or licensing authority;

  CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)

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

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

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

  38.              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

  39.              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;

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

  41.              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;

  42.              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;

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

  44.              I will not permit the playing of live or recorded music in garden areas of the premises after 24:00

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

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

  Noxious smells

  47              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.

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

  Light pollution

  49.              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

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

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

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

  CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM

  General

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

  54.              I will implement a proof of age policy agreed by the police and local authority;

  55.              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.

  Performances especially for children

  56.              I will make sure that attendant(s) are stationed in the area(s) occupied by the children and in the vicinity of each exit, at a ratio of one attendant per 50 children (or part thereof);

   

  Conditions as mediated with Responsible Authorties

   

  Prevention of Crime and Disorder

       The premises licence holder shall operate a ‘Challenge 25’ scheme at the premises whereby anyone who appears to be under the age of 25 shall be asked to provide proof of age that he or she is over 18. Proof of age shall only comprise of a passport, a photo-card driving licence or an industry approved proof of age identity card (PASS), before alcohol can be supplied or sold to them. All staff will be instructed through training, that alcohol cannot be supplied or sold unless this evidence is produced.

       The premises licence holder shall ensure that notices shall be prominently displayed in the premises to advise patrons and staff that a ‘Challenge 25’ scheme operates in the premises

         The premises licence holder shall ensure that any refusals of sale of age-related products are recorded in a refusals log. The log should show:

  (i)             the date and time of the refusal

  (ii)           the product(s) attempted to be purchased

  (iii)         a description of the customer; and

  (iv)         the signature of the staff member who made the refusal.

       The refusals log shall be checked and signed monthly by the designated premises supervisor or premises licence holder. The refusals log shall be made available for inspection upon reasonable request to Police or a local authority officer.

       The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Police. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping.

        Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31day period

        A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises is open to the public. This staff member will be able to show a Police or authorised Council Officer recent data or footage with the absolute minimum delay when requested and be able to download relevant footage onto a disc or memory stick

        The premises licence holder shall not sell super strength beer, lager or cider with an alcohol content of 6.5% ABV (alcohol by volume) or greater. This restriction shall not apply in respect of specialist branded, premium products - such as craft ales, local or micro-brewery specialist products, boxed gifts or national celebratory or commemorative beer, lager or cider.

       No purchase of products/stock, including alcohol and tobacco from door to door sellers; all stock for retail sales is to be purchased from legitimate wholesalers and receipts are to be retained and shall be made available to Police or a local authority officer on reasonable request. No alcohol or tobacco products will ever be purchased by sellers calling to the shop

                     An incident log will be maintained and be kept for a minimum of 12 months from the date of each entry and will be provided to the Police and all other Responsible Authorities on request.

       All staff engaged in the sale of alcohol shall be trained in responsible alcohol retailing to the minimum standard of BIIAB level 1 or equivalent, within three months of commencing working at the premises.

        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.

  Prevention of Public Nuisance

       The premises licence holder shall ensure that notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly.

       The premises licence holder shall ensure that the areas outside the premises are monitored regularly to ensure that ay persons loitering outside the premises disperse quickly and do not congregate.

       The premises licence holder shall ensure that no alcohol purchased from the premises is consumed in the near vicinity

  The Protection of Children from Harm

            The premises licence holder shall operate a proof of age policy and incident/refusals log

   

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

   

  N/A