Ipswich Borough CouncilLicensing

The Gallery

4-6 Wherry Quay, IPSWICH, Suffolk, IP4 1LG

Completed application 062115 which is a New Application for Premises Licence from 25/02/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• 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 offered by applicant

  General

  1.              Anti-social, racist or violent behaviour will not be tolerated.

  The Prevention of Crime and Disorder

  1.              Toughened glass will be used at the premises.

  2.              The licensee will comply with the Portman Code and British Beer and Pub Association guidance for point of sale promotions.

  3.              The Premises Licence holder as part of Bentleys Group shall take reasonable steps to ensure a representative shall participate in Pub Watch scheme or similar scheme where available.

  4.              Non-alcoholic beverages shall be available for retail at all times whilst the sale by retail of alcohol is carried out at the premises.

  5.              A zero tolerance policy will be operated with regards to drugs.

  6.              No customers will be allowed entry after midnight on any night unless by pre-arrangement, such as shift workers or late comers to a pre-booked party.

  7.              No alcohol will be sold as take away after 22:00 and only then in sealed containers for consumption at home.

  Public Safety

  1.              The plans attached to the Licence show the means of escape, fire detection and firefighting equipment and emergency lighting.

  2.              The premises will be constructed and operated in accordance with Health and Safety legislation.

  3.              The premises will be risk assessed from time to time in accordance with relevant legislation.

  4.              A first aid kit will be made available at the premises for customer and staff use.

  The Prevention of Public Nuisance

  1.              Details of local taxi services will be made available for customer and staff use.

  2.              Notices asking patrons to leave quietly will be displayed at the premises.

  3.              At all times when a Police Officer acting in the execution of their duty makes a direction to reduce minor noise levels this will be complied with.

  4.              Regulated entertainment taking place inside the premises will be properly controlled so no disturbance is caused to residents in the vicinity of the premises.

  5.              Smoking will not be allowed in Wherry Lane.

  6.              The movement of bins, in particular glass bins and rubbish will be kept to a minimum after 23:00 and before 07:00.

  7.              Deliveries will coincide with existing deliveries to Briarbank and Isaacs.

  8.              Regulated entertainment taking place inside the premises shall be controlled only by the management of the premises and kept at a level as defined in section 9 below, in any facing room of the a joining Salthouse  Harbour Hotel after 11pm.

  9.              The music noise level from the premises after 11pm shall not exceed NR20 measured at the octave band centre frequencies between 31.5hz to 8kHz inclusive, over a measurement period of 15 minutes, measured inside any of the facing rooms of the Salthouse Harbour Hotel, with the room windows and doors closed.

   

  Noise Rating	Octave band centre frequency Hz
  	31.5	63	125	250	500	1000	2000	4000	8000
  20	69.0dB	51.3dB	39.4dB	30.6dB	24.3dB	20dB	16.8dB	14.4dB	12.6dB

   

  Protection of Children from Harm

  1.              Appropriate steps by management of the premises will be taken to ensure no underage sales will occur, including training in relation to proper identification to be accepted.

  Conditions offered after mediation with Suffolk Constabulary

  1.              On Friday and Saturday nights, when licensing activities are occurring there will be no less than two SIA registered door staff at these premises from 22:00 and they will remain until half an hour after closing to ensure the safe and orderly dispersal of customers. The door staff will wear their SIA badges in approved arm bands and in any event will be displayed in a prominent position (on their arm). On all other nights and when sporting or other events are held with licensing activities occurring the requirement for door staff will be subject to risk assessment, a copy of which will be provided to the Police or the Licensing Authority on request.

  2.              A register of SIA registered door staff will be maintained to show the times on duty, names and licence numbers of all licensed door supervisors employed at the premises, 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.

  3.              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 as will all areas where licensable activities are happening, 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 30 days with date and time stamping.

  4.              Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 30 day period.

  5.              A staff member who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open to the public.  This staff member will be able to show a Police or Authorised Licensing 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.

  6.              All staff engaged in the sale of alcohol to be trained in responsible alcohol retailing to the minimum standard of BIIAB level 1 or equivalent (which includes relevant in house training), within three months of commencing employment at the premises. 

  7.              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.

  8.              Toughened glasses will be used at the premises. However, at any sporting events or other relevant events a risk assessment will be carried out and as per the risk assessment polycarbonate/plastic drinking  vessels and bottles shall be used an hour before the published time for the commencement of the event until an hour after the event has finished. In the event that the suppliers cannot provide polycarbonate/plastic bottles, all glass bottles, all glass bottled drinks will be decanted/dispensed and served in polycarbonate/plastic drinking vessels. All glass bottles accumulated behind the bar/counter shall be disposed of in the premises.

  9.              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.

  10.              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.

  11.              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.

  12.              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.

  13.              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.

  14.              There will be arrangements in place to ensure that no customers will be permitted to take or consume alcohol outside of the premises, unless it is in a sealed container for consumption at home. This does not include the smoking area in the car park at the rear of the premises.

  15.              The premises will subscribe to the Townlink radio system, to be used by management and door staff.

  16.              There shall be a policy agreed with Suffolk Constabulary and approved by an authorised Officer of the Licensing Authority for the premises relating to illegal drugs found on persons or on the premises.

  17.              A secure deposit box will be kept on the premises for the retention of confiscated items, such as drugs, knives etc. and ensure safe disposal within 48 hours of such items being confiscated.

  18.              Notices shall be prominently displayed at all exits and any area used for smoking requesting patrons to respect the needs of local residents and leave the area quietly.

  19.              Persons under the age of 18 years shall not be permitted to enter or remain on the premises unless they are accompanied by an adult. After 22:00 persons  under the age of 18 years will be permitted to enter or remain on the premises  after 22:00 where the premises is being used for a private event, but only if accompanied by an adult.  

  Annex 3