Ipswich Borough CouncilLicensing

Balkanika

7 Norwich Road, IPSWICH, IP1 2ET

Completed application 055180 which is a New Application for Premises Licence from 27/01/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

   

  General

   

  We will keep strong management controls and effective training of all staff so that they are aware of the Premises Licence and the requirements to meet the four licensing objectives with particular attention to:

  1)              No selling of alcohol to underage people

  2)              Zero tolerance on drunk and disorderly behaviour on the premises area

  3)              Vigilance in preventing the use and sale of illegal drugs at the retail area. Zero tolerance to Drug Policy in place

  4)              No violent and antisocial behaviour

  5)              No harm to children

   

  The Prevention of Crime and Disorder

   

  We shall ensure that customers are not permitted to take open bottles or glasses out on to the public highway or any designated smoking areas

  A clear and legible notice outside the premises indicating the normal hours under the terms of the premises licence during which licensable activities are permitted

  Clear and conspicuous notices warning of potential criminal activity, such as theft, that may target customers will be displayed

  No selling of alcohol to intoxicated customers

  Custom will not be sought by means of personal solicitation outside or in the vicinity of the premises

  Prevention and vigilance in illegal drug use

  Staff will be well trained in asking customers to use the premises in an orderly and respectful manner

   

  Public Safety

   

  Good internal and external lighting fixed to promote the public safety objective

  Well trained staff adherence to Environmental Health requirements

  Training and implementation of underage ID checks

  A log book or recording system shall be kept upon the premises in which shall be entered particulars of inspections made; those required to be made by statute and information compiled to comply with any Public Safety condition attached to the Premises Licence that requires the recording of such information. The log book shall be kept available for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation

  All parts of the premises and all fittings and apparatus therein, door fastenings and notices, lighting, heating, electrical, air condition, sanitary accommodation and other installations, will be maintained at all times in good order and in a safe condition

   

   

  The Prevention of Public Nuisance

   

  Noise reduction measures as detailed below to address the public nuisance objective

  Prominent, clear and legible notices will be displayed at the exit requesting the public to respect the needs of nearby residents and to leave the premises and the area quietly

  Deliveries of goods necessary for the operation of the business will be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents

  The Premises Licence Holder will ensure that staff who arrive early in the morning or depart late at night (eg. For unpacking pricing newly delivered goods) when the business has ceased trading conduct themselves in such a manner to avoid causing disturbance to nearby residents

  Customers will be asked not to stand around loudly talking in the street outside the premises

  Customers will not be admitted to the premises outside of opening hours

  The movement of bins and rubbish outside the premises will be kept to a minimum after 11pm. This will help to reduce the levels of noise produced by the premises

  Any lighting on or outside the premises will be positioned and screened in such a way so as not to cause a disturbance to nearby residents

  Adequate waste receptacles for use by customers will be provided in the local vicinity

   

  The Protection of Children from Harm

   

  The Premises Licence Holder will comply with the Portman Group Code of Practice on the naming, packaging and promotion of alcoholic drinks as well as any Retailer Alert Bulletins they produce

  The Premises Licence Holder will display ‘Challenge 25’ signs as part of the retailing strategy and all staff will be instructed, through training, that alcohol cannot be supplied or sold unless this evidence is produced

  Staff will be well trained about the requirement for persons identification, age establishment and all the details will be provided in a training record book available for inspection

  A log book will be kept on the premises

  Children shall be accompanied by an adult while in the premises

   

  Conditions agreed through mediation with Suffolk Constabulary

   

  ·              Sales of alcohol are not to include any super strength lagers, beers or ciders where strength exceeds 6.5% ABV (alcohol by volume). This restriction shall not apply in respect of specialist branded, premium priced products - such as craft ales, local or micro-brewery specialist products, boxed gifts or national celebratory or commemorative beer, larger or cider.

   

  ·              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.

   

  ·              A register of refusals will be maintained and this will need to 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.

   

  ·              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.

   

  ·              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 31 day 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.

   

  ·              A Challenge 25 policy must be implemented whereby all customers who appear to be under 25 must produce photographic identification in the form of a passport, driving licence or proof of age scheme (PASS) approved identification 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

   

   

   

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

   

  N/A