Fox

The Street, Newbourne, Woodbridge, Suffolk, IP12 4NY

Completed application 043364 which is a New Application for Premises Licence from 02/12/2019 to indefinite

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.

   

   

• Annex 2 - Conditions Consistent with the Operating Schedule

   

  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

   

   

  SUPPER HOURS CERTIFICATE - Licensing Act 1964, S 68

  Where a supper hours certificate is in place in accordance with S68 of the Licensing Act 1964 add the following (depending on whether one or both of the extensions in square brackets have been granted):

  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.

   

  General Conditions

   

  1.              The Licensee may move fire appliances, AWP machines, cigarette machines and/or any other similar objects which may impact on the ability of individuals on the premises to use exits or escape routes without impediment.

   

  Crime and Disorder

   

  1.              The Licensee will ensure that in the absence of adequate daylight, exterior lighting will be fully operational.

   

  Public Safety

   

  1.              The Licensee will ensure that fire-fighting equipment is provided in the licensed premises in accordance with any risk assessment and that staff will be suitably trained in their use.

  2.              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:

           Portable fire fighting equipment

           Fire Alarm

   

  3.              The Licensee will provide ‘No Smoking’ areas which are clearly signed on the licensed premises.

   

  Prevention of Public Nuisance

   

  1         The Licensee shall ensure that the playing of music will not be permitted after 23:00hrs.

   

  2         The use of outside areas including the beer garden and external seating shall not be permitted after 23:30 hours.

   

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

   

  4         During any music event, a responsible person shall monitor the music levels outside the building and immediately implement any changes necessary;

   

           to ensure noise levels remain non-intrusive at nearby residential properties,

   

           in accordance with any request made by an authorised officer of the Council.

   

                Any such changes in noise levels shall be maintained at the reduced level for the period of the music event.

   

  5.              No music shall be played outdoors after 21:00 hours in the evening.

   

  6.              All outdoor music events shall be notified in writing to the Environmental Protection Section at East Suffolk Council at least 14 days prior to the event.

   

  7.              The windows to the function room used for the playing of music shall be kept closed when musical entertainment (other than background music) is taking place.

   

  8.              The external doors to any function room used for the playing of music shall be kept firmly closed when musical entertainment (other than background music) is taking place.

   

  9.              In the event that additional ventilation is necessary to the function room, a detailed scheme shall be submitted to the Environmental Protection Section and only an approved scheme shall be fitted.

   

  10.              The Licensee will take the appropriate steps (e.g. signage and/or sufficient staff on site) to ensure that customers behave in a quiet manner when using the outside area(s) of the premises and when departing.

   

  Protection of children from harm

   

  1.              The Licensee will ensure that children are accompanied at all times by an adult while they are on the premises.

   

  2.              The Licensee and/or staff will monitor AWP(s) to ensure non-use by under-18s. A sign confirming age prohibition will also be clearly displayed near the machine(s).

   

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