Felsto Arms

Sea Road, Felixstowe, Suffolk, IP11 2BB

Completed application 043211 which is a New Application for Premises Licence from 24/01/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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.

   

   

   

• 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 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:

  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

   

  SUPPER HOURS CERTIFICATE - Licensing Act 1964, S 68

   

  5.              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.  

   

  Crime and Disorder

  1         The Licensee will ensure that plastic glasses are used for the consumption of alcohol outside the pub on the beach area.

   

  2         Text/pager equipment to be kept in working order at all times. Pager links to be activated, made available to and monitored by the designated premises supervisor or a responsible member of staff at all times that the premises are open to the public. Any police instructions/directions to be complied with whenever given. All instance of crime or disorder to be reported via the text/radio pager link by the designated premises supervisor or a responsible member of staff to an agreed police contact point.

   

  Public Safety

  3         The Licensee will ensure that the following systems are maintained and inspected by a suitably qualified professional person in accordance with the appropriate British Standard an at intervals recommended in national guidance, and will keep the records of such inspections available for inspection by authorised officers on request:

            Electrical installation

            Emergency lighting systems

            Fire alarm systems

            Gas boiler appliance

            Oil fire boiler appliance

            Suspended ceilings

            Portable fire fighting equipment

           Temporary electrical installations

   

  Prevention of Public Nuisance

   

  1         The serving of alcohol from the hatch and the use of the rear garden licenced area will be limited to 23:00.

   

  2         All musical entertainment shall finish by 23:30 hours.

   

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

   

  4         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.

   

  5.   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.

   

  6.   A Noise Management Plan, including an acoustic assessment, must be submitted to, and approved in writing by, East Suffolk Council’s Environmental Protection department by 31st March 2023. Thereafter, the premises must be operated in accordance with the approved NMP. No amendments may be made to the NMP unless first approved in writing by East Suffolk Council’s Environmental Protection department.

   

  Protection of children from harm

  1. All members of staff at the premises will seek PASS accredited proof of age cards, photo-driving licences or passports as 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