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.
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 under each licensing objective, i.e.
General
Adoption of best practice guidance
95mm series PET smoothie cups
secure deposit boxes for confiscated items
Prevention of Crime and Disorder
We will monitor our social networks for any indication of crime or disorder
We will not tolerate any violence on the premises and anyone seen to be committing crime or influencing crime will be removed from the premises immediately and the police notified.
Door staff will monitor customers who we believe to be involved with crime.
We will keep in contact with Suffolk Police for any updates on crime or gang activity and comply with restrictions that may be placed on our licence.
CCTV installed in and around the premises which can be monitored remotely by SIA door staff.
Public Safety
Door supervisors will be deployed by use of high visibility clothing/uniform and will wear SIA badges in approved arm bands.
Prevention of Public Nuisance
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.
Protection of Children from harm
No one under the age of 18 will be allowed on the premises.
Conditions agreed through mediation with Public Protection, Environmental Health
1. 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 levels shown in Table 1 below. Where further internal sound attenuation measures are required to meet these levels, full details of the proposed measures shall be submitted to the Council.
Octave Band Centre Frequency (Hz) dB Leq.5 minutes
Location | 63 | 125 | 250 | 500 | 1k | 2k | 4k | 8k |
Inside and habitable room | 37 | 30 | 30 | 24 | 20 | 17 | 15 | 13 |
1m from the façade of any noise sensitive receptor | 45 | 40 | 40 | 34 | 30 | 27 | 25 | 23 |
1 - permitted Music Noise Levels
2. The submitted details shall include:
a. Specification for all amplification equipment and speakers;
b. The location of all proposed speakers;
c. The maximum noise levels expressed in dB LAeq,5 mins measured at a point 2m from any loudspeaker forming part of the system; and
d. Measures to be put in place to ensure that the amplification system cannot be adjusted beyond the maximum permitted noise levels.
In practice, this will require a noise limiter connected to the amplifier and capable of limiting the noise in at least octave band levels so that the low frequency (bass) content of the music can be controlled
Conditions agreed through mediation with Suffolk Constabulary & Public Health
The premises licence holder 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 areas where licensable activities are happening, including the till points, 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.
Viewing of recordings shall be made available immediately upon the request of the police or an authorised officer throughout the preceding 30 day period.
A staff member staff from the premises 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 shall be able to show police recent data or footage with the absolute minimum of delay when requested and be able to download relevant footage onto a disc or memory stick.
The capacity of the premises will be identified through formal written Fire Risk
Assessment. Operational capacities shall be recorded by bookings, ticket, admission sale records, clicker, or other such counting device, a record made and kept for a minimum of 60 days. All records including the Fire Risk Assessment shall be made available upon reasonable request of authorised agents of a Responsible Authority.
Persons under the age of 18 years will not be allowed on the premises.
On Friday, Saturday and Bank Holidays when licensing activities are occurring at the premises there will be no less than two SIA registered door staff at these premises from 21.00, on other days of the week where licensing activities are occurring after 23.00 no less than two registered door staff will be at these premises from 21.00, 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).
Where SIA licensed door supervisors are used at the premises a record shall be maintained (on the premises) which is legible and details:
I. The day and date when door supervisors were deployed;
II. The name and SIA registration number of each door supervisor on duty at the
premises; and
III. The start and finish time of each door supervisor's worked duty period.
This record shall be retained on the premises for 31 days and held thereafter for a minimum of 12 months. All such records will be made available immediately upon reasonable request of authorised agents of a Responsible Authority.
Where SIA licensed door supervisors are employed at the premises a check of the current validity of each door supervisor's licence shall be conducted via the SIA website at the commencement of employment at the premises and monthly thereafter and recorded in a log. This log shall be retained for at least 6 months after the last and made available immediately upon reasonable request of authorised agents of a Responsible Authority.
At all times when SIA door supervisors are required to be on duty by virtue of a condition of this licence, SIA licensed door supervisors shall supervise any queue to enter the premises that forms outside the premises and the smoking area.
The licensee shall use polycarbonate drinking vessels and bottles. Polycarbonate/plastic drinking vessels and bottles shall be used in place of ‘regular’ stock and all non-polycarbonate will be removed from the bar area during that session.
The premises will subscribe to the Townlink radio system or similar, to be used by management and door staff.
An effective internal communication system for the use of staff on duty shall be employed
The Premises Licence Holder or DPS will be members of and participate in the Pubwatch scheme operating in Ipswich. Persons who are banned under the Pubwatch scheme will not be allowed entry to the premises.
There shall be a policy agreed with Suffolk Constabulary, relating to the seizure of illegal drugs, knives or other prohibited items 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 and knives etc. Police will be advised of the seizure of any such items to ensure safe disposal within 48 hours.
The premises will have a written search policy agreed with Suffolk Constabulary. All persons will be searched before entry to the premises. All persons suspected of possession of prohibited articles will be searched upon entry. Female customers will only be personally searched by a female member of door staff. A metal detecting wand will be used on all persons searched before entry to the premises.
A notice will be prominently displayed advising customers that they will be searched as a condition of entry.
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.
Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.
Customers will not be allowed to leave the premises with open containers of alcohol.
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.
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 weeks 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 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.
At least one Personal Licence holder shall be on duty at the premises when alcohol is offered for sale.
No alcohol may be supplied by an individual unless that individual has the written consent of the Designated Premises Supervisor or other employed Personal Licence
Holder. A written record of this consent will be retained on the premises at all times and be made available immediately upon reasonable request of authorised agents of
a Responsible Authority.
All alcohol purchased by the Premises Licence Holder, Designated Premises Supervisor or staff members will only be from legitimate wholesalers who are registered with Her Majesty’s Revenue & Customs (HMRC) under the Alcohol Wholesaler Registration Scheme (AWRS). No stock/products will be purchased from door to door sellers, members of the public, associates etc.
Customers will not be allowed to enter or leave the premises with an open vessel of alcohol or consume alcohol outside the boundaries of the premises, except for the rear courtyard and an area covered by an outside seating permit/pavement licence held by the premises.
Where any events are held at the premises, using artists/DJs/performers from outside the area of Suffolk, the Premises Licence Holder will notify Suffolk Constabulary Licensing Officer, of the date, time, type of event and details of the artists/DJs/performers, so a risk assessment can be carried out by Suffolk Constabulary.