Cafe Bencotto

128 Hamilton Road, Felixstowe, Suffolk, IP11 7AB

Premises Licence PREM0238 from from 24/11/2005 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the supply of alcohol

Additional Conditions

• Annex 1 - Mandatory Conditions

   

  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 shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

   

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

   

  (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;

  (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

   

  (i) the outcome of a race, competition or other event or process, or

  (ii) the likelihood of anything occurring or not occurring;

   

  (e) 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.

   

  3.  The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  4.  The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  5. (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

  (2) 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 a holographic mark.

   

  6.  The responsible person shall 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; and

   

  (b) customers are made aware of the availability of these measures.

   

• Annex 2 - Conditions Consistent with the Operating Schedule

  General conditons.

   

  JUSTICE ON-LICENCE - Licensing Act 1964, S 59, 60 and 63

   

  1         Alcohol shall not be sold or supplied except during permitted hours.

   

  2         In this condition, permitted hours means:

  On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 11 a.m. to 11 p.m.

  b              On Sundays, other than Christmas Day or New Year’s Eve, 12 noon to 10.30 p.m.

  c.              On Good Friday, 12 noon to 10.30 p.m.

  d.              On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.

  e.              On New Year’s Eve, except on a Sunday, 11 a.m. to 11 p.m.

  f.              On New Year’s Eve on a Sunday, 12 noon to 10.30 p.m.

  On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31 December).

   

  3.              The above restrictions do not prohibit:

  a.              the consumption of alcohol on the premises during the first 20 minutes after the above hours;

  b.              the taking of the alcohol from the premises (unless the alcohol is supplied or taken in an open vessel) during the first 20 minutes after the above hours;

  c.              the consumption of the alcohol on the premises by persons taking meals there during the first 30 minutes after the above hours, if the alcohol was supplied for consumption ancillary to those meals;

  d.              the consumption of the alcohol on the premises by, or, the taking, sale or supply of alcohol to any person residing in the licensed premises;

  e.              the ordering of alcohol to be consumed off the premises, or the dispatch by the vendor of the alcohol so ordered;

  f.              the sale of alcohol to a trader or club for the purposes of the trade or club;

  g.              The sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  h.              the taking of alcohol from the premises by a person residing there; or

  i.              the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or

  j.              the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  4.              No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

                a.              He is the child of the holder of the premises licence.

                b.              He resides in the premises, but is not employed there.

                c                            He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is not other convenient means of access or egress.

                d.              The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

   

                In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor.  But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  General Conditions

   

  1        To ensure that valid public liability insurance is in force.

   

  2        The Licensee will ensure that disabled and baby changing facilities are available at the premises.

   

  3        No alterations or additions will be made to any part of the licensed premises in such a way as to make it impossible to comply with an existing licence condition, without first seeking a variation of the premises licence.

   

  Crime and Disorder

   

  1.  The Licensee/DPS will actively participate in a local Pubwatch/Nightsafe   

        scheme(s) (or similar) where such a scheme operates within the locality of the

        premises.

   

  2.  The Licensee will ensure that the consumption of alcohol is restricted to area

       shown on the plan.

   

  The Prevention of Public Nuisance

   

  The staff will be responsible for the disposal of litter throughout the premises and ensure receptacles for waste are emptied regularly.

   

  The Licensee will ensure that recorded music speakers are situated indoors only.

   

  3.  The volume of any description of regulated entertainment shall be strictly    

       controlled so that noise levels are non-intrusive at the boundaries of nearby

       residential properties.

   

  4.  After 23:00 hours all external doors, windows and sky lights must be kept closed,

       other than for access and egress when any amplified music or amplified speech        

      is taking place.

   

  5.  A responsible person shall monitor the music levels outside the building, and  

       where necessary implement any changes to reduce the noise levels in order to

       comply with Condition 1, or in accordance with any request by an authorised

       officer of the Council and ensure that volume is maintained at the reduced level.

   

  6.  Smoking only shall be permitted in the external areas of the premises after 23:00.

   

  7.  No customers shall enter or leave the premises via the rear access to

      Gainsborough Road (except in the case of emergency).

   

  8.  The Licensee will provide and maintain signage near the external areas of the

       premises requesting that customers keep noise to a minimum and leave the

        premises quietly to prevent disturbance to local residents.

   

  9.  The service area to the rear of the premises, shall not be used for any activities,

       apart from smoking, until such time as the proposed amendments to Condition 6    

       of the planning permission C07/2060, as set out in the applicant’s letter of 16 July

       2008, have been approved in writing by the local planning authority.

   

  Public Safety

   

  4        The Licensee will ensure that outside lighting is provided and used during opening times.

   

  5        The Licensee will ensure that all soft furnishings are fire retardant treated and provide copies of certificates on request to any authorised officer.

   

  6        The Licensee will ensure that all exits and escape routes are clearly identified, kept free from obstruction and available for immediate use in the event of an emergency during licensable activities.

   

  7        The Licensee will ensure that the Fire Brigade is called immediately in the event of a fire.

   

  8        The Licensee will ensure that some members of staff are trained first aider(s).

   

  Protection of children from harm

   

  1.   A proof of age scheme will be operated.

   

  2.   Children under 14 to be accompanied by an adult.

   

   

• Annex 3 - Conditions attached after a hearing by the licensing

  authority