Steak Lobster & Co.

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

Completed application 047660 which is a New Application for Premises Licence from 24/12/2021 to 16/10/2024

Applicant(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

   

  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. 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.

   

   

   

   

   

   

  DOOR SUPERVISION

   

  1         Where a premise licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.

   

  2.              But nothing in subsection (1) requires such a condition to be imposed -

   

  (a)              in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c.12) (premises with premises licence authorising plays or films), or

   

  (b)              In respect of premises in relation to -

  (i)              any occasion mentioned in paragraph 8(s)(b) or(c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

  ()       any occasions within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

   

    3.              For the purposes of this section -

   

  ()       “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and

  ()       paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

   

   

• Annex 2 - Conditions Consistent with the Operating Schedule

   

  General Conditions

   

  Conditions imposed by 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 despatch 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.

   

  Alcohol may be sold or supplied [for one hour following the hours set out above and][on Christmas day, between 3pm and 7pm] to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as ancillary to his meal. For other purposes or in other parts of the premises the hours set out above shall continue to apply.

   

  5.    Children’s Certificate granted until 19.00 with the following standard conditions:

   

           Meals and beverages other than intoxicating liquor shall be available for sale for consumption in the area to which the certificate relates at all times when the certificate is operational.

   

           No pool/darts to be played in the area when the certificate is operational.

   

           No gaming machines in the area when the certificate is operational.

   

           Area designated as “No Smoking.”

   

  6.    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.

   

  7.   The Licensee will only use door supervisors licensed by the SIA and employed from a reputable company, and will ensure that those door supervisors are instructed to:

           keep excluded individuals out of the premises;

           maintain good order both inside and outside the premises;

           eject customers from the premises who appear to be drunk & disorderly.

   

  8.    The Licensee will not adopt any drink promotion activities that undermine a policy of responsible drinking.

   

  9.    The Licensee will provide/install and maintain CCTV equipment at the premises in full working order.  All recordings will be retained for at least 28 days and will be made     available to an authorised officer of the Licensing Authority or Police on demand.

   

   

  Crime and Disorder

   

  1.              The Licensee will display any notices relating to crime prevention at the request of Suffolk Constabulary.

  2.              The Licensee will not adopt any drink promotion activities that undermine a policy of responsible drinking.

   

  Public Safety

   

       1.  The Licensee will ensure that trained first aider(s) are on duty when the public are present.

   

  Prevention of Public Nuisance

   

  1.              If text or radio pagers are available to report incidents to the Police and other authorities, the Licensee will ensure that these are provided to appropriate persons during the hours when the premises is open to the general public.

  2.              The external areas detailed on drawing and attached to the application shall not be used after 23:30 hours.

  3.              There shall be no amplified or live music played outside unless previously agreed in writing with the Licensing Authority.

  4.              After 23.30 hours all external doors and windows must be kept closed, other than for access and egress when amplified music and amplified speech is taking place.

  5.              The volume of the amplification system for any description of musical entertainment shall be strictly controlled so that noise levels are non-intrusive at the boundaries of nearby residential properties.

  6.              A responsible person shall monitor the music levels outside the building, and implement any changes to reduce the noise levels in accordance with any request by an authorised officer of the Council immediately and ensure that volume is maintained at the reduced level.

  7.              In the event of any additional ventilation being found necessary to the premises, a detailed scheme shall be submitted to the Head of Health at Suffolk Coastal District Council and only an approved scheme shall be implemented at the premises and shall be maintained and retained in the approved form thereafter.

   

  Protection of children from harm

   

        1.   All members of staff at the premises will seek ‘credible’ photographic proof of age evidence from any person who appears to be under the age of 18 and who is    seeking to purchase or consume alcohol on the premises.

   

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

   

  1.              To enhance the mandatory condition relating to an age verification policy, the premises licence holder will implement the ‘Challenge 25’ scheme, ensuring prominent signage is displayed throughout the premises and all staff are trained in its operation.

   

  2.              The licence holder/DPS will ensure that at least two SIA door supervisors are employed from 8pm on every Friday and Saturday night.

   

  3.              All door supervisors on commencing duty will sign an attendance book with their SIA number and signature

   

  4.              On nights when door staff are required, a search policy shall be implemented whereby all persons suspected of possessing prohibited articles will be searched upon entry. Otherwise a ratio of at least one in ten customers will be randomly searched upon entry to the premises. Signage will be clearly displayed advising customers that they may be subject to a search as a condition of entry.

   

  5.              Female customers will only be personally searched by a female member of door staff.

   

  6.              A lockable box will be made available where any prohibited articles are securely deposited in a secure area to which the public do not have admittance. Police will be notified within 36 hours of any prohibited articles for collection.

   

  7.              An incident book shall be kept and maintained on the premises at all times. The book shall detail any incident/injury/ejection/refusals/drug misuse/seizure/age challenge. Such matters shall be timed, dated and signed by the author and produced to Police/Authorised Licensing Officers on demand.

   

  8.              All bar staff engaged in the sale of alcohol to be trained in Responsible alcohol retailing to the minimum standard of BIIAB level 1 or equivalent, within three months of commencing employment at the premises. Training records shall be kept on the premises and produced to the Police and authorised Local Authority Licensing Officers on demand.   For the avoidance of doubt this training can be administered in-house in accordance with the relevant criteria. Training will be reviewed six monthly to ensure staff are up to date with the latest legislation.

   

  9.              The licence holder/DPS will ensure that no children under the age of 18 years are allowed entry into the premises.

   

  10. An ejection policy will be implemented. That by use of either Town Link Radio, the 999 service or other non-emergency number, all instances of ejection of persons from the premises must be notified to the Police at the time of happening or as soon as possible thereafter. Where an offence of violence has been committed the door supervisors or premises management will take all reasonable steps to identify the offender and pass the identity to the Police as soon as is reasonably practicable. An incident book entry will be made on all occasions; timed, dated and signed by a member of staff.

   

  11. All instances of drunkenness, disorder, drug use or violence will be challenged, resulting in the ejection of the individual(s) and under serious circumstances, consideration shall be given to their permanent exclusion from the premises in future.

   

  12. The licence holder/DPS will ensure that no customers are permitted to enter, or leave the premises with any vessels or bottles.

   

  13. The licence holder/DPS will ensure that sufficient staff are employed to collect and safely remove any glasses left by customers inside the premises, including the               immediate removal of any broken glass. The area immediately outside the premises shall also be regularly checked through opening hours, and a final “clear up”               upon closing.