Falcon

272 High Street, Walton, Felixstowe, Suffolk, IP11 9DS

Completed application 044370 which is a New Application for Premises Licence from 17/11/2021 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

   

  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 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

  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

   

  General Conditions cont/d

   

  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:

   

  Dancing & Tables               160

  Dancing only                       200

   

  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 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. 

   

                                            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 Regulation (EC) No.852/2004 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 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 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

   

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

   

  5         The Licensee will provide and maintain a burglar alarm in good working order.

   

  6         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

   

  7         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

   

  2.              The Licensee will ensure that a trained first aider(s) is on duty when the public are present.

   

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

   

  Prevention of Public Nuisance

   

  1         The windows in the bar area of the premises will be double-glazed.

   

  2         The Licensee will ensure that plastic glasses are used for the consumption of alcohol outside.

   

  3         The Licensee will provide and maintain signage on the premises requesting that patrons leave the area quietly.

   

  4         All external areas, as detailed on drawing number 201054 and dated 10 November 2004 attached to the application shall not be used after 23:30 hours.

   

  5         All windows and doors to the premises, shall be kept closed other than for access and egress at all times when there are performances of live music, when recorded music, other than in the form of amplified background music from a radio, CD player or other similar device, is being played, and when there is other musical entertainment of a similar description, for example a karaoke or a disco.

   

  6         The volume of the amplification system for any description of musical entertainment shall be strictly controlled so that noise level are non-intrusive at the boundaries of nearby residential properties.

   

  7         A responsible person shall monitor the music level outside the building, and implement any changes to reduce the noise level in accordance with any request by an authorised officer of the Council immediately and ensure the volume is maintained at the reduced level.

   

  8         In the event of any additional ventilation being found necessary to the premises, a detailed scheme shall be submitted to the Head of Health at Suffolk Coastal District Council and only an approved scheme shall be implemented at the premises and shall be maintained and retained in the approved form thereafter.

   

  Protection of children from harm

   

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

   

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

   

  11     The Licensee shall ensure that a suitable area(s) are set aside for children     

        during the hours that the premises is open to the public.

   

   

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