East Suffolk Council (South)East Suffolk House Riduna Park

Cellar Bar

129 Undercliff Road West, Felixstowe, Suffolk, IP11 2AQ

Open application 054088 which is a New Application for Premises Licence to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  SUPPLY OF ALCOHOL

   

  Where a premises licence authorises the sale of alcohol, the licence must include the following conditions:

   

  1.              (1) No supply of alcohol may be made under the premises licence

  At any time when there is no designated premises supervisor in respect of the premises or

  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.

   

  2.              (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.              (1) 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.

   

  6.1.               For the purposes of the condition set out in paragraph 1

                (a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

                (b) “permitted price” is the price found by applying the formula-

  P = D + (D×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;

  (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.

   

  6.2.               Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

   

  6.3.              (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 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 OPERATING SCHEDULE

   

  General

   

  1.              The premise licence holder shall ensure all staff are trained in responsible alcohol retailing. This training can be done in house and the training records should be kept on the premises and must be made available for inspection by an authorised officer of the local authority or an authorised member of Suffolk Constabulary immediately upon request. This training must be updated every six months.

   

  All staff will receive training so that they are aware of the premises licence and the     requirements to meet the four licensing objectives with attention to:

  No selling of alcohol to underage people

  No drunk and disorderly behaviour in the premises area

  No violent and antisocial behaviour

  No harm to children

   

  2.              The premises licence holder shall keep a complaints log where anything that happens will be logged, and management will personally take immediate steps to prevent this from happening again. 

   

   

  Prevention of crime and disorder

   

  1.              The premises shall install and maintain a comprehensive CCTV system. CCTV will cover all    public areas where licensable activities take place, including entry and exit points. The CCTV system shall continually record whilst the premises is open for licensable activities and 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 an Authorised Officer. A staff member who is able to operate the 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 recordings to Police or an Authorised Officer with minimum delay when requested and be able to download video onto a disc or memory stick, which can be played back on a computer or other digital retrieval system, within 24 hours of a request for download. The CCTV system will be regularly checked to ensure that it is functioning correctly.

  2.              The licence holder shall ensure that an incident log will be maintained at the premises to record all incidents. The entry for each incident will be entered into the register within one hour of the incident taking place and will show the date, time and a description of the incident. Each entry will be kept in the register for a minimum of 12 months and must be made available for inspection by an authorised officer of the local authority or an authorised member of Suffolk Constabulary immediately upon request.

  3.              The premises licence holder will ensure that there will be designated members of staff who will manage the ingress and egress of the premises to ensure all licence conditions adhered to. 

   

   

   

   

  Public safety

   

   

  Prevention of public nuisance

   

  1.              The Premises Licence Holder shall display signage at the entry and exit doors advising customers to respect residents, leave quietly, not to loiter outside the premises or in the vicinity and to dispose of litter legally.

   

  2.              The premise licence holder will ensure that members of staff will monitor the noise levels every hour, this will include ensuring all doors are closed except for ingress and egress, they will also walk out the front of the building making sure the noise from inside cannot be heard outside.

  2.1              The premises licence holder will ensure a record is kept of all the checks listed above and issues found. Records to be kept for 12 months and made available immediately should an Officer of the Local Authority or authorised member of Suffolk Constabulary request them.

   

  Protection of children from harm

   

  1.              The premises licence holder will ensure that children under the age of 18 years old will be restricted from venue after 9pm unless attending for a meal or private event.

  The premises licence holder will ensure that the children attending such occasions/events will not be served alcohol or other possible damaging drinks.

  2.              The premises licence holder shall implement the 'Challenge 25' scheme, ensuring prominent signage is displayed throughout the premises. The Licence Holder shall ensure that any person selling or supplying alcohol at the premises, asks for photographic proof of ID document where they have reason to suspect that the individual may be under 25 years of age.

   

   

   

   

   

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  1.              The premises licence holder shall keep all fire exit doors and external doors shut during operating times.

  2.              The premise licence holder shall allow only smokers outside the premises after 10pm and door staff will check that no drinks are brought outside the premises. The smoking defined area is defined as the pavement on Undercliff Road West, this does not include the alley way to the side of the premises.

  3.              The premises licence holder shall provide receptacles for cigarette ends and signage.

  4.              The premises licence holder shall keep a telephone on hand of which the number should be provided to local residents, so that they may contact the licensed premises if so required.