Ipswich Borough CouncilLicensing

Taste of Tuscany

251 Foxhall Road, IPSWICH, IP3 8LG

Completed application 076770 which is a New Application for Premises Licence from 22/11/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.

   

  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.

   

   

   

   

• Conditions attached following mediation with Suffolk Constabulary

   

  1.              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

  2.              Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 30 day period. 

   

  3.              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. 
  

  4.              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. 

   

  5.              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. 

  6.              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. 

  7.              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. 

  8.              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. 

  9.              Recorded music will not be played in the outside areas of the premises at any time

  10.                Recorded music will only be played as low-level sound background music to accompany diners. 

  11.                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. 

  12.                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

  13.                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

  14.                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#

  15.               The supply of alcohol for consumption at the premises will only be to a person seated and  purchasing/eating food within the premises and for said consumption by such a person as ancillary to their food. 

  16.              There will be no vertical drinking of alcohol by customers allowed in the premises

  17.              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. 

  18.              Person under the age of 18 years must be accompanied by an adult if entering the premises after  21.00 hours. 

  19.              There will be arrangements in place to ensure that no customer will be permitted to use the outside  seating area after 22.00. 

   

  20.              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, lager or cider.

   

  21.              Alcohol will only be sold together with an order for food and will not be sold on its own.  Where the  slae of alcohol is part of a takeaway order for collection, a maximum of four cans or bottles of beer,  lager, or cider and/or two bottles of wine will be sold to customers per collection order.  Where the  sale of alcohol is part of an order for home delivery a maximum of eight cans or bottles of beer, lager  or cider and/or two bottles of wine will be sold to customers per delivery order. 

  22.              Where the off sale of alcohol is through the Internet or mail order 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.  The premises license holder will ensure that where a courier service or  their own delivery drivers are used for deliveries of alcohol, that they use the Challenge 25 policy  and record what ID they checked.