La Vida

Manning Amusement Park, Sea Road, Felixstowe, Suffolk, IP11 2DN

Open application 047728 which is a New Application for Premises Licence to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the supply of alcohol
• an indoor sporting event
• a performance of live music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• provision of late night refreshment
• an exhibition of a film

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

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

   

   

• 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 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

   

  Crime & Disorder

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

  2         The Licensee will inform the Police of the name(s) of customer(s) involved in alcohol or drug misuse.

  3         The Licensee will ensure that house managers/staff are adequately trained on dealing with illegal activities and aggressive customers.

  4         The Licensee will refuse to serve anyone who appears to be intoxicated.

  5         Where individuals are seen to be a threat to public safety the Licensee and/or staff members will call the police.

   

  Public Safety

  1. 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 at intervals recommended in national guidance and will keep the records of such inspections available for inspection

       by authorised officers on request:

                        All safety equipemnt

                        Emergency lighting systems

   

  2. The Licensee will clearly display a fire evacuation policy every 50ft around the premises.

  3. The Licensee will ensure that regular for drills are carried out for staff.

  4. SIA door staff will be employed at events for which tickets have been sold.

   

  Prevention of Public Nuisance

  1         The Licensee will provide/install and maintain CCTV equipment at the premises in full working order.  All recordings will be retained for at least 7 days and will be made available to an authorised officer of the Licensing Authority or Police on demand.

  2         The Licensee will operate a zero tolerance behaviour policy.

  3         The Licensee will ensure that empty drinking glasses are collected on an efficient and regular basis.

  4         The Licensee will ensure that excessive ordering of alcohol is not allowed when last orders have been called.

  5         The Licensee will ensure that excessive drinking of alcohol is not allowed.

  6         The Licensee shall provide signage requesting customers:-

           To leave the premises quietly.

           Not to take drinks beyond this point.

   

  Protection of Children from Harm

  1         The Licensee will provide a designated children’s no smoking area away from any gambling/darts area and bar.

  2.   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.

  3.   Challenge 25 will be in operation.

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