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
S177A Licensing Act 2003 is to be applied, removing the suspension of conditions relating to the provision of live and recorded music between 08:00 and 23:00 hrs at the premises. NOTE: This will have the effect of requiring all conditions below to be complied with at all times.
General
1. Locations of fire safety and other safety equipment subject to change in accordance with the requirements of the responsible authorities or following a risk assessment.
Prevention of Crime and Disorder
2. Customers shall not be permitted to remove drinks from the vicinity of the premises in an unsealed container.
3. The CCTV system currently installed at the premises will be maintained and remain operational, or if replaced, any new system will be to the satisfaction of the Suffolk Police Licensing Officer. CCTV shall record to a hard-drive or cloud-based storage device/ system during all hours that a licensable activity takes place on the premises.
4. At all times when the premises are open to the public there shall be present in the premises a member of staff who is trained in the operation of the CCTV system and capable of downloading images for immediate viewing.
5. The images will be retained for a minimum period of 28 days and will be made available to the Police and authorised officers of the Licensing Authority upon a request being made and compliance with the provisions of data protection legislation. All images stored will be capable of being viewed immediately at the request of a police officer pursuant to an ongoing criminal investigation and images shall be capable of being downloaded onto a portable device within an agreed timeframe.
6. An incident book shall be maintained to record any activity of a violent, criminal or antisocial nature witnessed by staff or reported by customers or residents. The record will contain the time and date, the nature of the incident, the people involved, the action taken, and details of the person responsible for the management of the premises at the time of the incident. The incident book shall be available for inspection at all times a licensable activity is being conducted by an authorised officer of a relevant responsible authority The records will be retained for at least 12 months.
7. A refusals log shall be maintained to record any refusals of sales of alcohol (including for underage/ lack of ID and/ or intoxication). The record will contain the time and date, the nature of the refusal, the person refused (if known), and details of the person responsible for the refusal. The log shall be available for inspection at all times a licensable activity is being conducted by an authorised officer of a relevant responsible authority The records will be retained for at least 12 months.
8. All staff involved in the sale of alcohol shall be trained in the operating procedures for refusing service to any person who is drunk or is under-age or appears to be under-age.
9. All staff involved in the sale of alcohol shall be trained to perform their role. They will also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions relevant to undertaking their role.
10. Training shall be recorded in documentary form that will be available for inspection at the request at all reasonable times by an authorised officer from a relevant responsible authority. The records will be retained for at least 12 months.
Prevention of Public Nuisance
11. No public nuisance shall be caused by regulated entertainment (or associated noise) coming from the premises, or by vibration transmitted through the structure of the premises.
12. All external doors and windows shall be kept closed when regulated entertainment is being provided except to facilitate access and egress.
13. All doors and windows to be closed after 23:00 hours except to facilitate access and egress.
14. The noise level from the premises whilst being used for regulated entertainments purposes, shall not cause a public nuisance to the occupants of noise sensitive dwellings in the vicinity.
15. A noise limiter will be installed and operated at all times the premises provides regulated entertainment at the premises. All amplified regulated entertainment will go through the noise limiter.
16. Refuse such as bottles shall be disposed of from the premises at a time when it is not likely to cause a disturbance to residents in the vicinity of the premises.
17. During regulated entertainment the designated premises supervisor, or another designated member of staff, shall conduct an assessment at the boundary of any noise sensitive premises at hourly intervals of the noise coming from the premises and lower the volume if required. A written record of checks will be maintained and made available to council licensing and environmental protection officers on request. The records will be held for a minimum 12 months.
18. A dispersal policy will be drawn up and implemented by the DPS at the Premises. The dispersal policy will identify times where dispersal is likely to require active supervision and will ensure that all measures identified in the policy are implemented.
19. Any events with recorded or live music held at the premises will be risk assessed by the DPS. The risk assessment will be in written format and will detail the nature of the event, times or the event, likely number of attendees, whether provision needs to be made for door supervision or additional staffing, including to monitor and manage arrival and/ or dispersal. The risk assessment will be made available to council licensing and environmental protection officers on request. Any assessment will be held for a minimum 12 months.
20. Events involving regulated entertainment are to be advertised in advance to residents in the vicinity of the premises in writing, where those residents have expressly notified the DPS that they wish to be notified. Residents will be notified of the date, times and nature of the events. A phone number will be included for the residents to call in the event of any issues arising during the events in order to speak to the manager.
21. A complaints log will be maintained at the premises and all complaints recorded therein. The log will record the date, time, person complaining (if known) nature of the complaint and action taken. The log will be maintained and made available to council licensing and environmental protection officers on request.
22. Signs at each exit will be displayed requiring customers to leave quickly and quietly so as not to disturb residents in the vicinity.
23. Only the seating area between the front entrance to the premises and Mow Hill Road may be used after 22:00 Sunday to Thursday and 23:00 Friday to Saturday. After these times, no drinks will be permitted to be taken outside. Signage will be displayed at the relevant exits notifying customers of these conditions.
24. A resident’s meeting will be held every quarter and all residents expressing an interest will be notified at least 14 days in advance of the time and date of the meeting. I list of residents who have expressed such interest will be maintained by the DPS for this purpose and updated at each meeting. This condition can be removed from the licence by minor variation in agreement of all parties with the proposal at a meeting, or if 2 consecutive meetings are held, following proper advertisement, where no residents attend.
Public Safety
25. All exits from the premises, including emergency exits, will be kept clear of any impediment during opening hours.
Protection of Children from Harm
26. The premises will operate a “Challenge 25” policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age.
The recommended forms of ID that will be accepted are passports, driving licenses with a photograph, photographic military ID or proof of age cards bearing the “PASS” mark hologram, official photographic identity cards issued by EU states bearing a hologram or ultraviolet feature- or any other form of ID permitted by the Home Office for the purpose of age verification for alcohol sales.
27. Suitable and sufficient signage advertising the “Challenge 25” policy will be displayed in prominent locations in the premises.
28. All children are to be supervised by a responsible adult at all times on the premises.