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 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.
General
Strong management controls and effective training of all staff so that they are aware of the premises licence requirements to meet the four licensing objectives.
Prevention of Crime and Disorder
No selling of alcohol to intoxicated customers. Zero tolerance to Drugs.
Public Safety
Good internal & external lighting.
All fixtures and fittings will be maintained in good and safe condition
Prevention of Public Nuisance
Deliveries of business supplies will be carried out at such a time and in such a manner to prevent nuisance & disturbance to nearby residents.
The movement of bins and rubbish outside the premises will be kept to a minimum after 2200 hours.
Outside lighting will be positioned carefully to avoid disturbance to residents
Adequate waste receptacles will be provided.
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 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 fficer 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.
On Friday, Saturday and Bank Holidays when licensing activities are occurring at the premises, the premises licences holder will complete a written risk assessment on whether SIA door staff are required, which will be made available to the Police and Licensing Authority on request. When it is risk assessed that door staff are required there will be no less than two SIA registered door staff 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 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 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 or by virtue of a written risk assessment, SIA licensed door supervisors shall supervise any queue to enter the premises that forms outside the premises and the smoking area.
The premises will subscribe to the Town link radio system or similar, to be used by management and door staff.
The premises will have a written search policy agreed with the Police. A minimum ratio of one in five customers will be randomly searched upon entry to the licensed premises after 21.00, when door staff are on duty, where a dynamic assessment by management varies this rate, a written record will be made detailing the rationale employed in reaching this decision, which will be made available to Police or other Responsible Authorities on request. 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 notice will be prominently displayed advising customers that they may be searched as a condition of entry.
There shall be a policy agreed with Suffolk Constabulary and approved by the Licensing Authority, relating to the seizure of illegal drugs, knives or other prohibited items found on persons or on the premises, which will be made available to Police or other Responsible Authorities on request.
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.
There shall be a policy agreed with Suffolk Constabulary and approved by the Licensing Authority, relating to the dispersal of customers from the premises and surrounding area, which will be made available to Police or other Responsible Authorities on request.
When requested by the Police, Polycarbonate/plastic drinking vessels and bottles shall be used at the premises. 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.
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.
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.
Recorded music and live music will not be played in the outside areas of the premises at any time.
A register of refusals 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.
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.
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.
There will be arrangements in place to ensure that no customers will be permitted to take or consume alcohol outside of the premises. Except for those customers using the designated outside seating area before 22.00.
Persons under the age of 18 years shall not be permitted to enter or remain on the premises after 21.00. Person under the age of 18 years must be accompanied by an adult if entering the premises before 21.00.
There will be arrangements in place to ensure that no customer will be permitted to use the outside seating area after 22.00.
Off sales of alcohol are not to include any super strength lagers, beers or ciders where the strength is 6.5% ABV (alcohol by volume) or above. 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.
Where the off sale of alcohol is through the Internet, mail order or telephone the premises licence holder will ensure that for deliveries of alcohol they will still operate the Challenge 25 policy whereby customers who do not look over 25 will be asked to provide proof of age to show that they are aged 18 or over at the point of delivery. By placing an order that includes alcohol the customer confirms they are over 18 years old. Where a courier service is used for the deliveries, the premises license holder will ensure that they use the Challenge 25 policy and record what ID they checked.
All home deliveries involving alcohol may only be delivered to the residential or business address given at the time of order. No delivery of alcohol may be made to anyone outside in a street, park or other open space.
Recorded music will only be played as low-level sound background music to accompany diners.
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.