Gelato and Sorbetto Saxmundham

18 High Street, Saxmundham, Suffolk, IP17 1DD

Completed application 046910 which is a New Application for Premises Licence from 06/09/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• 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

   

  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.

   

• 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.

  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

   

  Conditions for the Management of Premises Licensed for Public Entertainments

  under the Local Government (Miscellaneous Provisions) Act 1982 Part II

  Indoor Sports under the Fire Safety and Safety of Places of Sport Act 1987, Part IV -

   

   

  1.              Permitted Hours

   

  1.1              The premises may be used for public entertainment, indoor spectator sports or entertainment of a like kind on:

   

                a)              Mondays to Fridays 10.00am - 12pm.

                b)              Saturdays 10.00am - 11.45pm.

  )          Sundays between 12 noon and 10.30pm

  )          New Year's Eve between 10 am and 12.30 am the following day

  )          Mondays - Saturdays, on any occasion when public entertainment is being provided in accordance with the hours specified in

                              i)              an Extended Hours Order granted under Section 70 of the Licensing Act 1964

                              ii)              a Special Hours Certificate granted under Sections 76, 77 and 78 of the Licensing Act 1964

                              PROVIDED that the District Council has been supplied with a copy of the relevant Order or Certificate.

                f)              Any occasion when public entertainment is being provided in accordance with the hours specified in a Special Order of Exemption granted under Section 74(4) of the Licensing Act 1964.

                g)              Any occasion when public entertainment is being provided by not more than two live performers or recorded music in accordance with Section 182 of the Licensing Act 1964.

   

  1.2              The premises shall not be kept or used for public entertainment or indoor spectator sports or entertainment of a like kind on

   

  )          Christmas Day (except where a licence permits entertainment to extend after 12 midnight on Christmas Eve).  

  )          At any time outside the permitted hours set out in paragraph 1.1 of these conditions without the consent of the District Council being obtained.

   

  1.3              The licensed premises shall not be open for the purposes of public entertainment on any occasion when the licensing authority may so signify their desire in writing to the Licensee that the same should not be opened.

   

  2.              Access

   

                All parts of the licensed premises shall be open to free ingress and inspection by:-

   

                (a)  Authorised Officers of the licensing authority.

                (b)  Persons authorised in writing by the licensing authority.

                (c)  Police Officers of the Suffolk Constabulary.

                (d)  Fire Officers of the Suffolk Fire Authority.

   

  3.              Alterations and Maintenance

   

  3.1              No alterations or additions shall be made to any part of the licensed premises and the fixtures and fittings therein without the prior approval of the licensing authority.

   

  3.2              All parts of the licensed premises, including the fixtures and fittings therein, whether fixed or otherwise, shall be kept clean and maintained in good working order.

   

  3.3              The Fire Alarm and emergency lighting systems shall be tested monthly by the licensee to ensure that they operate effectively.

   

  3.4              The licensee shall maintain the log book provided and ensure that it is kept at the premises and that details of tests, etc. are entered.

   

  3.5              The licensee shall maintain public liability insurance not less than £5 million per claim.

   

  4.              Licensee's Responsibilities.

   

  4.1              The Licensee or some responsible person nominated by him in writing shall be in charge of, and present in, the licensed premises during the whole time they are open to the public.  Any such nominated person shall be provided with a copy of these licensing conditions.

   

  4.2              The Licensee shall take all reasonable precautions for the safety of the public, performers or employees on the premises.

   

  4.3              The numbers of persons permitted on the premises shall not exceed: that specified in the licence document. 

                                                                                                   

                                            Seated at Tables                            50

                                            Mixed Occupancy                            50

                                            Dancing Only                                          50

                                            Closely Seated Audience              50                           

   

  4.4              The Licensee or his nominated representative shall to the best of his ability maintain and keep order and decent behaviour on the licensed premises.

   

  4.5              The Licensee shall not allow any lewd, obscene or indecent performance to take place on the licensed premises or allow any obscene poster, advertisement, film, photograph or programme to be displayed or shown on any part of the premises.

   

  4.6              No exhibition, demonstration or performance of hypnotism as defined in Section 2(1a) and 5 of the Hypnotism Act 1952 shall be given by any person on the licensed premises except with the written consent of the licensing authority and in accordance with any conditions attached to such consent.

   

  4.7              The Licensee shall ensure that Regulation 37 of the Cinematographic Safety Regulations 1955 is complied with on any occasion that the premises are used for cinematographic exhibitions.

   

  4.8              The Licensee shall ensure that the noise level emanating from the premises remains at a reasonable level and shall comply with any requirements of the Director of Environmental Services  Head or Health in this respect.

   

  4.9              The Licensee shall inform the Council, in writing, of any change of his address during the period of the licence within seven days of such change taking place.

   

  5.              Fire and Safety.

   

  5.1              The Licensee shall ensure compliance with the fire precautions and safety measures required by the Chief Fire Officer, as set out in the attached schedule and any conditions which may from time to time be required by the Chief Fire Officer and which have been notified to the Licensee by the licensing authority.

   

  5.2              Stewards:              The minimum number of stewards present when members of the public are present shall be:

   

                (i)              up to 100 persons - 2 stewards

                (ii)              for each additional 50 persons or part thereof - 1 steward. 

   

  E              Each steward shall be readily identifiable to members of the public and shall be instructed and trained in the following:

   

                (i)              The action to be taken upon discovering a fire.

                (ii)              The position of the exits.

   

                (iii)              the operation and location of the emergency lighting and fire fighting equipment.

                              (iv)              Raising the alarm and correct method of calling the Fire Brigade.

                              (v)              Evacuation of the public in the event of an emergency.

   

  5.3              Fire Procedure: The Fire Brigade shall be immediately called to any outbreak of fire, however slight.

   

  5.4              Exits:              All doors indicated as exits on the attached plan shall be maintained so that they open easily and fully and the following shall apply as appropriate:

   

                              a)              Exit doors shall only be secured in such a manner that they can be immediately and easily opened from within.

                b)              Exit doors which do not open outwards shall be secured in the open position when members of the public are present.

                c)              Exit doors and the external routes therefrom shall be maintained clear and               unobstructed and illuminated when members of the public are present.

                d)              Illuminated Exit signs and notices shall be properly maintained and free from obstruction.

   

  5.5              Means of Escape: All parts of the premises used for means of escape in case of fire, shall be kept entirely free from obstruction, whether permanent or temporary, so as not to impede safe  evacuation of the premises.

   

  5.6              Floors and Floor Coverings, shall be properly maintained in a sound condition and possess reasonable antislip properties.

   

  5.7              Seating:              If loose chairs are used for seated audiences they shall be secured together in blocks of not less than four or more than 14 seats.

   

                Seats shall be arranged so as to provide gangways not less than 1.1m in width which lead to and connect with exits.  No seat shall be more than 3.6 metres from a gangway measured along a row of seating.

   

  5.8              General Lighting:  All parts of the premises and the external escape routes to which the public have access shall be suitably illuminated in the absence of adequate daylight at all times when members of the public are present.

   

  5.9              Emergency Lighting: If the emergency lighting system is not designed to come on automatically in the event of failure of the mains lighting circuit it shall be switched on at all times when the public are present.

   

  5.10              Fire Fighting Appliances: The fire fighting appliances indicated on the attached plan shall be maintained and immediately available for use.

   

  5.11              Drapes and Decorations: All drapes, curtains or similar hangings shall be of such material or be so treated that they will not readily catch fire.

   

                No combustible effects or decorations shall be used in the premises except by permission of the licensing authority.

   

  5.12              Electrical Cables, flexes and other wiring must be laid in such a manner so as not to cause a hazard to those using the licensed premises.

   

  5.13              Heating Appliances:  All heating appliances shall be manufactured and installed in accordance with the appropriate British Standard and shall be properly guarded and maintained.

   

                Portable heating appliances burning liquefied petroleum gas or fuel oil shall not be used and such fuels shall not be stored in the premises when members of the public are present.

   

  5.14              Car Parking:              No vehicles shall be parked in such as way as to restrict the means of escape provided from the premises, or prevent the safe access and egress of the emergency services.

   

  6.              Welfare and Hygiene.

   

  6.1              Where food is cooked and/or is sold on the licensed premises the licensee shall ensure that the requirements of the Food Safety Act 1990 and the Food Hygiene (General) Regulations 1970 are complied with.

   

  6.2              Efficient and adequate means of ventilation shall be available during the whole time the public are on the licensed premises.  Where mechanical ventilation is provided this shall be maintained in a safe and satisfactory condition and detailed operating instructions shall be exhibited in a suitable prominent position.

   

  6.3              A sufficient number of suitable receptacles with close fitting lids shall be provided to receive and store refuse from the licensed premises.

   

  6.4              There shall be compliance with any requirements specified by the Director of Environmental Services Head of Health and set out in the schedule attached to this licence and with any further reasonable requirements that from time to time may be required by the Director of Environmental Services  Head of Health and which have been notified to the licensee by the licensing authority.

   

  6.5              An adequate properly equipped and maintained first aid kit shall be available at the premises at all times when the public are present.

   

  7.              General

   

  7.1              On those occasions when disabled or handicapped persons are present on the licensed premises such special arrangements as may be necessary in the circumstances shall be made so as to ensure all persons leave the premises safely in the event of fire.

   

  7.2              The licensing authority reserves the right under statute after the granting, renewal or transfer of the licence at any time to dispense with or modify any of these conditions, terms and restrictions and to make additional conditions, terms and restrictions as they may deem appropriate to meet the circumstances of any particular case.

   

  7.3              Any notice or notification in writing under these conditions shall be deemed to have been served on the licensee if:-

   

                              (i)              it is served upon the licensee personally

   

                              (ii)              it is left or posted to the licensee at his last known address

   

                              (iii)              it is left at the licensed premises.

   

  General Conditions (Cont)

   

  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

   

  2         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.

   

  3         The Licensee will ensure that outside lighting is provided and used during the hours of darkness when any form of licensable activity is taking place.

   

  4         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.

   

  Public Safety

   

  5         No vehicle access will be permitted from the premises to High Street, other than for emergency vehicles.

   

  6         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:

           Emergency lighting systems

           Fire alarm systems

           Portable fire fighting equipment

           Smoke detectors

   

  3.              The Licensee will ensure that all fire doors are maintained so as to be effectively self-closing and not held open other than by approved devices

   

   

  Prevention of Public Nuisance

   

  1         The Licensee will provide and install and maintain a noise-limiting device in accordance with guidance from the Council’s Head of Health.

   

  2         The Licensee shall ensure that offensive smells (including smoke) from the licensed premises are not permitted so as to cause a nuisance to nearby properties and the premises are properly vented.

   

  3         Air conditioning will be provided.

   

  4         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.

   

  5         There shall be no performances of live music outdoors or any use of any amplification system or public address system outdoors at any time.

   

  6         All performances of live music shall take place in the front right hand bar area only, as shown on drawing number 200463 001 rev A.

   

  7         All windows to those parts of the premises used for the provision of regulated entertainment shall be kept closed whilst there are performances of live music and when recorded music from a jukebox, karaoke or disco is being played.

   

  8.              All ground floor front elevation windows to the premises shall be at a minimum double glazed or provided with permanent internal secondary glazing or temporary internal               secondary glazing units that can be fitted specifically for performances of live music or when recorded music from a jukebox, karaoke or disco is being played.

   

  9.              The front elevation entrance doors to the premises shall be kept closed at all times, other than for emergency access and egress, when there are performances of live               music and when recorded music from a disco and karaoke is being played.  When recorded music from a jukebox is being played the front elevation entrance doors shall               be kept closed other than for normal access and egress.

   

  10.              Suitable signs shall be affixed to the outer face of the front elevation outer entrance door and the inner face of the front elevation inner entrance door to state that these               doors shall only be used for emergency access and egress whilst there are performances of live music or recorded music from a disco or karaoke is being played.

   

  11.              Whilst there are performances of live music and when recorded music from a disco or karaoke is being played, all access to and egress from the premises other than for               emergency purposes shall be through the rear entrance door to the premises.

   

  12.              The rear entrance door shall be kept closed at all times other than for access and egress when there are performances of live music and when recorded music from a               disco, karaoke or jukebox is being played.

   

  13.              The volume of any amplification system used in connection with any form of regulated entertainment shall be such that noise levels are non-intrusive at the boundaries of               nearby residential properties.

   

  14.              In the event that additional ventilation is found to be necessary to those parts of the premises used for the provision of regulated entertainment, a details scheme shall be               submitted to the Head of Health for approval, and only an approved scheme shall be installed at the premises and shall be retained and maintained in the approved form               thereafter.

   

  15.              There shall be no use of the external areas highlighted in red on drawing number 200463 001 rev A after 23:00 hours.

   

  Protection of children from harm

   

  8         The Licensee will closely monitor cigarette machine(s)  & AWP’s to ensure non-use by under-18s.

   

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