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.
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) 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).
(3) The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
(4) (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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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
Risk assessments for standard operation as well as special events and third party hires. Communication throughout the building via phones and radios. Extra security will be brought in for specific events depending on the associated risks, times of activities and style of event. Regular staff training will be given to all front facing staff.
Prevention of Crime and Disorder, Public Safety, Prevention of Public Nuisance
The venue is regularly patrolled and inspected by both the custodians as well as Archives staff and volunteers. Any issues are immediately reported and acted upon accordingly.
Protection of Children from harm
We have members of staff who are DBS checked and we have safeguarding measures in place. Further consultation with a Designated Reporting Safeguarding Officer will be sought out for necessary and specific situations.
Conditions agreed through mediation with Environmental Health Public Protection
Any events that are scheduled to run past the requested finishing time of Midnight (i.e. all-night events such as “Night at the Museum”) should be subject to a Temporary Event Notice. Live, recorded or music accompanying dance must be strictly controlled to ensure nuisance is not caused to residents. The applicant shoul ensure that both the internal and external amplification systems meet the following condition:
The amplification system shall be designed to limit the level of noise emanating from the premises, such that the noise levels from the application premises shall not exceed the following levels as measured at a position 1 metre outside any noise sensitive premises.
Octave Band Centre Frequency (Hz) | 63 | 125 | 250 | 500 | 1k | 2k | 4k | 8k |
Level (dB Leq, 5 minutes) | 45 | 40 | 40 | 34 | 30 | 27 | 25 | 23 |
In the case of third-party event hires, the applicant should either insist upon the use of the in-house systems or stipulate that the levels shown in the table above are strictly adhered to. If noise limiters are not incorporated into the amplification systems, regular monitoring should be undertaken using an integrating sound level meter meeting the requirements of Class 2 in accordance with IEC 61672-1:2013 (or the equivalent BS EN 61672-1:2013).
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 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
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.
A log shall be kept at the premises for a minimum of 12 months from the date of each entry, and made available on request to an authorised officer of the Ipswich Council or the Police. It must be completed within 24 hours of the incident and will record the following: (a) all crimes reported to the venue (b) all ejections of patrons (c) any complaints received concerning crime and disorder (d) any incidents of disorder (e) any faults in the CCTV system (f) any refusal of the sale of alcohol (g) any visit by a relevant authority or emergency service.
When requested by the Police, polycarbonate/plastic drinking vessels and bottles shall be used at all times, in the event that the suppliers cannot provide polycarbonate/plastic bottles, then 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 on the premises.
There will be arrangements in place to ensure that no customers will be permitted to take or consume open containers of alcohol outside of the premises on the public highway.
When events, are held at the premises after 23.00, with 100 or more persons attending with licensing activities occurring there will be no less that 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). A written risk assessment regarding the need for Door staff or not will be carried out for all events with less than 100 persons attending. A copy of the risk assessment will be provided to the police and/or Licensing Authority on request.
Any events held which are organised by an outside promoter; 28 days’ notice will be given to the Police, including full details of the nature of the event and of the promoter.
A written risk assessment will be completed for all events held at the premises. A copy of the risk assessment will be provided to the Police and/or Licensing Authority on request.
Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
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 or weapons found on persons or on the premises.
A secure deposit box will be kept on the premises for the retention of confiscated items, such as drugs, knives etc and ensure that the Police are advised of any such items to ensure safe disposal within 48 hours of such items being confiscated.
Off 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.
All alcohol stock/products are to be purchased from legitimate wholesalers who are registered under the Alcohol Wholesaler Registration Scheme (AWRS). No alcohol stock/products will be purchased from door to door sellers, members of the public, or anyone else who is not registered with AWRS.
All off-sales of alcohol will be in sealed containers. Alcohol will not be sold in open containers for off sales.
Children under the age of 18 years will not be permitted access to the premises unless accompanied by a responsible adult after 21.00.
Where adult entertainment is being shown no children under 18 years will be allowed on the premises, this includes during any rehearsals or setting up for the performance.
Annex 3 - Conditions attached after a hearing by the licensing authority