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 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, 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 Police or authorised officer throughout the preceding 30 day period.
A staff member 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 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.
Persons under the age of 18 years must always be accompanied by an adult.
On Friday, Saturday & Bank Holidays when licensing actitivities are occurring at the premises a written risk assessment will be completed by the Premises Licence Holder and/or Designated Premises Supervisor regarding whether door staff are required which will be made available to the Police and Licensing Authority on request; where door staff are utilised there will be no less than two SIA registered door staff at these premises from 2100, 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 are 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 wored duty period.
This record shall be maintained on the premises for 30 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 premsies 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 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 risk assess the use of polycarbonate drinking vessels and bottles for each style of trading session, in writing. Where a risk is highlighted, 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 risk assessent will be provided to the Police and or Licensing Authority upon request. When requested by the Police polycarbonate/plastic drinking vessels and bottles will be used at the premises.
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.
Customers will not be allowed to enter or leave the premises with an open vessel of alcohol.
Notices will be put up advising customers to use the outside areas quietly.
Recorded music will only be played at a low volume, for background music and will not be played in the external areas of the business.
Customers will not be permitted to dring outside the premises except for in any seated area privately owned or authorised under a pavement licence. Alcohol consumed outside the premises shall only be consumed by customers seated at tables.
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.
An incident log will be maintained and be kept at the premises 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. 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.
A register of refusals shall be kept detailing all refused sales of alcohol and will be kept for a minimum of 12 months from the date of each entry. The log should include the date and time of the refused sale and the name of the member of staff who refused the sale. The log shall be available for inspection at the premises by the Police and all other Responsible Authorities on request whilst the premises are open.