Ipswich Borough CouncilLicensing

55 St Helens Street

55 St Helens Street, IPSWICH, Suffolk, IP4 2JL

Completed application 070542 which is a DPS Variation and TRANSFER applications for Premises Licence from 14/03/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• Annex 1 - Mandatory Conditions

   

   

  Licensing Act 2003 - 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

   

  (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)              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.

   

  (5)              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.

   

  (6)              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.

   

  (7)              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

   

  General

  The Licensee will display at all times in close proximity to all alcohol displays within the premises, the current alcohol guidelines produced by the Chief Medical Officers

  There will be no window display posters or similar advertising containing reference to alcohol on the premises shop frontage or the highway abutting the premises

  Spirits must be displayed and secured behind the sales point and will not be available for self service.

   

  Prevention of Crime and Disorder

  See conditions mediated with Suffolk Constabulary below

  Public Safety

  The premises will conform to all statutory  Health and Safety  Requirements

  Prevention of Public Nuisance

  Persons shall be discouraged from congregating outside the premises.

  A notice will be placed immediately outside the main entrance reminding persons that no alcohol is to be consumed directly outside the main entrance to the shop.

  Waste collection contractors will not collect refuse between 23:00 and 07:00 hours. Any litter or refuse generated must be contained within the boundaries of the premises and regularly cleared (the boundaries of the premises are taken to be those indicated on the plan)

  Receptacles for waste shall be emptied regularly to avoid causing a public nuisance through smells or odours and shall be maintained in a clean condition.

  Trade waste containers will only be left out for collection of waste on the day of collection and will be stored off the public right of way at all times.

  Clear and legible notices will be prominently displayed at all exits asking customers to respect local residents and to leave the area quietly.

   

  Conditions agreed through mediation with Suffolk Constabulary

   

   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.

  Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 30 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 are open to the public.  This staff member will be able to show a Police Officer 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.

  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.

  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, lager or cider.

  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. All staff to be given refresher training every quarter. 

  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.

  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.

  All alcohol purchased by the premises licence holder and staff members for sale by retail within the premises, will only be from wholesalers registered with Her Majesty’s Revenue & Customs (HMRC) Alcohol Wholesaler Registration Scheme (AWRS). Under no circumstances will the premises licence holder or staff members purchase alcohol from sellers calling at the store or from associates.

  All invoices (originals and copies) for all alcoholic goods for retail sale on the premises will be kept in the premises and be provided to the Police, Licensing Authority and HMRC upon request. A ultra-violet light will be available at the premises for the purposes of checking the UK Duty Stamp on all spirits after they have been purchased.

  Where any spirits on sale inside the premises have a UK duty stamp that does not fluoresce under ultra-violet light, or are otherwise suspicious, the supplier will be identified to the Police, Trading Standards and HMRC.

  Customers will not be allowed to enter or leave the premises with an open vessel of alcohol within the boundaries of the premises.