East Suffolk Council (South)East Suffolk House Riduna Park

Spa Pavilion

Undercliff Road West, Felixstowe, Suffolk, IP11 2DX

Premises Licence PREM2101 from from 11/11/2015 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment
• a performance of live music
• any playing of recorded 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
• 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.

   

   

  EXHIBITION OF FILMS

   

  1)      Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section -

   

  2)      Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

   

  3)      Where -

   

  )          the film classification body is not specified in the licence, or

  )          the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  4)              In this section -

   

  “children” means persons aged under 18; and

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

   

• Annex 2 - Conditions Consistent with the Operating Schedule

   

  General Conditions

  The Spa will be run as a high quality destination venue offering a wide range of live and recorded entertainments, to a wide clientele from individuals to corporate customers. The design and location of the building will support all four licensing objectives. In particular, the self-contained, sea-front location, at the end of a dedicated access road will provide a confined location enabling the control of all guests.

   

  The premises will be owner-managed, with highly experienced and trained management. It will be positioned to attract and retain custom from across East Anglia, and will work hard to ensure that the atmosphere and behaviour of customers is suitable for a family venue which respects its neighbours, ensures public safety and the safety and well-being of all customers, especially children and vulnerable adults.

   

  To ensure the comfort and safety of all involved, specific risk assessments will be carried out for each production or entertainment provided.  Risk assessments will include stage lighting, special effects and other safety checks. The Management will also ensure that on-going planned maintenance schedules are       implemented and complied with, in accordance with their Health & Safety Policy and all legislation.

   

  The overwhelming majority of events in the main auditorium will be ticket only, using our own on-line and box office ticket sales. The tickets will contain terms and conditions which will include behavioural advice for customers, and will be checked on entry against a seating plan using electronic scanners.

   

  Each event, in the interests of all licensing objectives, will also have security and first aid provision appropriate to its size and content. For events with up to 250 guests, in-house first aid and management will ensure the health and safety of the public, performers, staff and the premises, unless it is felt that the nature of the entertainment requires external support. For events above 250 but below 500 a professional first aider will be retained wherever possible, and theatre staff will ensure that security is maintained in an appropriate ratio to customers. For events above 500, professional SIA registered staff will support theatre staff, and qualified first aid, such as St John Ambulance, will be retained to assist those in need.

   

  By operating in a carefully proportionate way to the events and audience size, we will work hard to support all of the licensing objectives, and to operate an exemplary theatre which is a valued part of its community. Further detail of our operating procedures is contained in the Annexe, attached.

   

  Crime and Disorder

  The Spa will have detailed operating procedures which will ensure that it is positioned as a quality venue. It will aim to attract a substantial and varied clientele who come for the overall theatre and/or food experience. It will work closely with Police and other Law enforcement to ensure that as far as possible it is a positive influence on levels of crime and disorder. By this we mean that not only will the venue operate in such a way as to discourage any involvement in such practices by its patrons, it will also look for ways to provide employment and performance opportunity to those excluded groups who may be seen as at higher risk of offending.

   

  There will be no admission to the venue for any customer after midnight save for those persons who are already in the venue who leave and re-enter having gone outside  to use the smoking area or for a similar purpose.

   

  A challenge 21 policy will be adopted. Any person who appears to be under the age of 21 years will be asked for proof of ID in an acceptable form (photo card ID, driving licence passport etc.) in order to prove their age  before alcohol can be supplied.

   

  A refusals register will be maintained at the premises and all refused sales of alcohol will be entered into the register detailing the time and date of the refused sale together with the reason for the refusal and the details of the person making the refusal.

   

  Each entry in the refusals register will be retained for a minimum period of 6 months and must be made available for inspection upon request by a member of Suffolk Constabulary or an officer of the local authority.

   

   

  Public Safety

  There will be a detailed operating plan built around detailed health and safety procedures appropriate to an operation of the scale and building size of the Spa. Regular checks will be made to ensure compliance in all areas, whether for example in food hygiene or the safety of performers and audience members. Each area of risk will be assessed and periodically re-visited, as a minimum in line with the requirements of legislation relating to each area of operation. In addition, we will ensure that whistleblowing and staff helplines are available to promote a culture of shared responsibility where all staff feel able to report any concerns for immediate and impartial investigation.

   

   

  Prevention of Public Nuisance

  The licensee will actively encourage all visitors to ensure that they disburse in a manner sympathetic to our neighbours.

   

  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.

   

  All external doors and windows must be kept closed after 23:00, other than for access and egress when any regulated entertainment is taking place

   

  The licensee will ensure that adequate steps are in place (e.g. signage and/or sufficient staff on site) to ensure that customers leave the premises quietly.

   

   

  Protection of children from harm

  We will take the protection of children and vulnerable adults extremely seriously. All of our staff in close or unsupervised contact with such individuals, and especially, for example, chaperones for child performers, will be the subject of DBS checks, as well as references being taken from 2 previous employments before permanent employment is taken up with us. In addition, we will ensure that whistleblowing and staff helplines are available to promote a culture of shared responsibility where all staff feel able to report any concerns for immediate and impartial investigation.

   

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