Loca Restaurant

Sea Road, Felixstowe, Suffolk, IP11 2DN

Completed application 013353 which is a New Application for Premises Licence from 24/11/2005 to 10/05/2017

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• provision of late night refreshment
• 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.

   

   

  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.

   

  CHILDREN’S CERTIFICATES - Licensing Act 1964, S 168, 168A, 171, 201 Schedule 12A

   

  4.              No person under fourteen shall be in the bar of the licensed premises between 10:00 hours and 19:00 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 no other convenient means of access or egress.

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

                e.              i.              He is in an area shown on the plan attached to the licence.

                ii.              Meals and non-alcoholic beverages are available for sale for consumption in that area.

  iii.              He is in the company of a person aged 18 or over.

   

  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 ancillary to their

  table meals.

   

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

  No gamin machine in the area when the certificate is operational.

  Area designated as ‘No Smoking’

   

  SPECIAL HOURS CERTIFICATE - Licensing Act 1964, S 76

   

  1         Subject to the following paragraphs, the permitted hours on weekdays shall extend until two 0’clock in the morning following, except that: the permitted hours shall end at midnight on any day that music and dancing is not provided after midnight; and on any day that music and dancing end  between midnight and two o’clock in the morning, the permitted hours shall end when the music and dancing end;

   

  2         In relation to the morning on which summer time begins, paragraph (1) of this condition shall have effect with the substitution of reference to three o’clock in the morning for references to two o’clock in the morning [or one hour following the hour actually specified in the certificate where the certificate requires a closure between 1am and 2am].

   

  3         Except as provided in (8) below, the permitted hours on Sundays shall extend until thirty minutes past midnight  in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that:

  4         the permitted hours shall end at midnight on any Sunday that music and dancing is not provided after midnight; and

  5         where music and dancing end between midnight on any Sunday and thirty minutes past midnight, the permitted hours on that Sunday shall end when the music and dancing end;

   

  6         On Sundays immediately before bank holidays other than Easter Sunday, the permitted hours shall extend until 2am in the morning following except that:

  7         the permitted hours shall end at midnight on any Sunday that music and dancing is not provided after midnight; and

  8         where music and dancing end between midnight on any Sunday and 2am, the permitted hours on that Sunday shall end when the music and dancing end.

   

  9         The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment

   

  Crime and Disorder

   

  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 28 days and will be made available to an authorised officer of the Licensing Authority or Police on demand.

   

  2.  The Licensee will ensure that there will be continuous door security from 02:00 hours until close of business.

   

  Public Safety

   

  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.

   

  Prevention of Public Nuisance

   

  1.  When regulated entertainment is being provided in the form of live music the Licensee will employ licensed SIA door supervisors.

   

  2.  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.

   

  3.  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.

   

  4.  The external seating area as detailed on drawing number 1309.05.01 and dated 16.07.05 attached to the application shall not be used after 23:30 hours.

   

  5.  Condition 3 of the Planning permission granted (C96/1401) for the conversion of these premises states “the premises shall not be open to the public other than between the hours of 7.00am and 11.00pm, unless otherwise agreed in writing with the local planning authority.”

   

  Protection of Children from Harm

   

  10     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