The Botanist

The Old Post Office, IPSWICH, IP1 1DD

Completed application 069203 which is a New Application for Premises Licence from 07/10/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

   

  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.

   

  A) The Prevention of Crime and Disorder

   

   

  1.              A CCTV system shall be maintained and operated at the premises with cameras positioned both internally and externally. All entry and exit points will be covered, as well as all areas where licensable activities are occurring, enabling frontal identification of every person entering in any light condition.

   

  2.              Recorded CCTV images will be maintained and stored for a period of thirty-one days and shall be produced to the Police or Licensing Authority upon request.

   

  3.              CCTV will be in operation at any time a person is in the premises.  Where CCTV is recorded onto a hard drive system, any DVDs or memory sticks subsequently produced will be in a format so it can be played back on a standard PC or DVD player.

   

  4.              Any person left in charge of the premises must be trained in the use of any such CCTV equipment and be able to produce CCTV images to an officer from a responsible authority upon request.

   

  5.              On Fridays, Saturdays and Bank Holiday Sundays a minimum of 2 SIA registered door supervisors shall be employed at the premises from 21:00 and they will remain until half an hour after closing to ensure the safe and orderly dispersal of customers. A written risk assessments will be carried out by the DPS as to whether more than 2 SIA registered door staff are required or not, which will be made available to the Police and Licensing Authority on request.

   

  6.              At all other times, SIA registered door staff shall be employed at the premises, in accordance with a written risk assessment to be carried out by the DPS, which will be made available to the Police and Licensing Authority on request.

   

  7.              When employed, door staff will wear their SIA badges in approved high visibility armbands.

   

  8.              When employed, a register of those door staff employed shall be maintained at the premises and shall include:

  (i)              the number of door staff on duty;

  (ii)              the identity of each member of door staff;

  (iii)              the times the door staff are on duty.

  (iv)              The SIA number of each member of door staff on duty.

   

  9.              Open containers of alcohol shall not be removed from the premises, save for consumption in any delineated external area.

   

  10.              Staff will be trained in the requirements of the Licensing Act 2003 with regard to the Licensing Objectives, and the laws relating to underage sales and the sale of alcohol to intoxicated persons, and that training shall be documented and repeated at 6 monthly intervals. The training records will be made available for inspection upon request to the police and all other responsible authorities.

   

  11.              A refusals book will be maintained at the premises, with records kept for a minimum of 6 months and made available to an officer of a responsible authority upon request.

   

  12.              The premises will subscribe to the Townlink radio system.

   

  13.              The premises licence holder or DPS will be a member 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.

   

  14.              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.

   

  15.              A secure deposit box will be kept on the premises for the retention of confiscated items. Police will be advised of the seizure of any items such as drugs/weapons within 48 hours to ensure safe disposal.

   

  16.              The premises will have a random search policy agreed with Suffolk Constabulary and approved by an authorised office of the Licensing Authority.

   

  17.              Waiter/waitress service shall be available at all times the premises offers licensable activities.

   

  B) Public Safety

   

   

  1.              A first aid box will be available at the premises at all times.

   

  2.              Regular safety checks shall be carried out by staff.

   

  3.              Management shall liaise with the Fire Authority as necessary to ensure compliance with all necessary fire regulations.

   

  4.              The premises shall maintain an Incident Log and public liability insurance.

   

   

  C) The Prevention of Public Nuisance

   

   

  1.              Noise from amplified music or voices shall not be such as to cause a noise nuisance to occupants of nearby premises. 

   

  2.              No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

   

  3.              The exterior of the building shall be cleared of litter at regular intervals.

   

  4.              Notices will be positioned at the exits to the building requesting customers to leave in a quiet manner.

   

  5.              Doors and windows at the premises are to remain closed after 23:00, save for access and egress.

   

  6.              A Dispersal and Smoking Policy will be implemented and adhered to.

   

  7.              The emptying of bins into skips (except into skips stored in internal areas), and refuse collections will not take place between 23:00 and 07:00.

   

  8.              There shall be no external regulated entertainment.

   

  9.              External furniture shall be rendered unusable at 23:00 daily and securely stored so that it cannot be used or access by customers or passers-by. It shall then be moved inside at the end of trading each day.

   

   

  D) The Protection of Children From Harm

   

  1.              A “Challenge 25” Policy shall be implemented in full and appropriate identification sought from any person who appears to be under the age of 25.  The only acceptable forms of ID are photographic driving licences, passports, HM forces warrant cards, EU/EEA national ID card or similar document or a form of identification with the "PASS" hologram.

   

  2.              Staff training will include the Challenge 25 Policy and its operation.  In particular, staff shall be trained to take such action as is necessary to prevent the sale of alcohol to persons over the age of 18 where those customers are engaged in the distribution of alcohol to persons under the age of 18.  The training must be given to a new member of staff before they commence employment and all staff must receive refresher training every 6 months.

   

  3.              Notices advising what forms of ID are acceptable must be displayed.

   

  1.              Notices must be displayed in prominent positions indicating that the Challenge 25 policy is in force.

   

  2.              Persons under 18 years of age shall not be permitted to enter or remain on the premises after 22:00 daily. Prior to this time, persons under the age of 18 shall be permitted on the premises if accompanied by an adult.

   

  Conditions agreed through mediation with Ipswich Borough Councils Environmental Protection

   

  Music noise emanating from the premises shall not exceed the following levels shown in Table 1.

   

  Location	Octave Band Centre Frequency (Hz), dB Leq,5 minutes
  	63	125	250	500	1k	2k	4k	8k
  Inside any 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

   

   

   

• Annex 3