Cherry Tree

73 Cumberland Street, Woodbridge, Suffolk, IP12 4AG

Withdrawn application 018210 which is a New Application for Premises Licence to indefinite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.

   

   

• 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.

  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

   

  1      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.

   

  2.              The Licensee/DPS will be a member of the British Institute of Innkeepers.

   

  3.              The Licensee will implement the Portman Group proof of age policy.

   

  4.              The Licensee will ensure that an adequate and valid public liability insurance is in force and that a copy of the schedule is available for inspection by an authorised officer               on request.

   

  5.              No alterations or additions will be made to any part of the licensed premises in such a way as to make it impossible to comply with an existing licence condition, without first seeking a variation of the premises licence.

   

  Crime and Disorder

   

  2         Consumption of alcohol will be restricted to the area detailed on the plan at Annex 4.

   

  3         All members of staff at the premises will seek PASS accredited proof of age cards, photo-driving licences or passports as proof of age evidence from any person who appears to be under the age of 18 and who is seeking to purchase or consume alcohol on the premises.

   

  4      The Licensee will not adopt any drink promotion activities that undermine a policy of responsible drinking.

   

  5      The Licensee will provide and maintain a facility where bicycles can be locked away securely.

   

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

   

  Public Safety

   

  6         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.

   

  7         The Licensee will ensure that all soft furnishings are fire retardant treated and provide copies of certificates on request to any authorised officer.

   

  8         The Licensee will ensure that all exits and escape routes are clearly identified, kept free from obstruction and available for immediate use in the event of an emergency during licensable activities.

   

  9         The Licensee will ensure that the Fire Brigade is called immediately in the event of a fire, however slight, and the details recorded in a Fire Log-Book.

   

  10     The Licensee will ensure that an adequate and appropriate supply of first aid equipment and materials are available on the premises.

   

  11     The Licensee will ensure that the maximum permitted number of persons on the premise will not exceed 120 persons.

   

   

  Prevention of Public Nuisance

   

  12     The Licensee will carry out regular checks inside/outside the premises and clear any litter.

   

  13     The Licensee will ensure that adequate waste bins are provided, and emptied on a regular basis.

   

  14     All external doors and windows must be kept closed, other than for access and egress, when amplified music is being played or when amplified speech is taking place.

   

  15     The beer garden shall not be used by patrons after 23:30hrs.

   

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

   

  17     A responsible person shall monitor the volume levels outside the building at least once during all music events.  Such a person shall have the necessary authority over the running of the event to require adjustment of the volume of the amplification system if found necessary.

   

  18     A responsible person shall implement any changes in noise levels in accordance with any request by an authorised officer of the Council immediately and ensure that the volume is maintained at the reduced level.

   

  19     In the event that additional ventilation is installed within the public house, the proposed scheme shall be submitted to the Head of Health, and only a scheme approved by the Head of Health shall be installed at the premises and maintained in the approved form thereafter.

   

  Protection of Children from Harm

   

  20     The Licensee will ensure that children under the age of 16 are accompanied at all times by an adult while they are on the premises.

   

  21     The Licensee will implement the Portman Group proof of age policy.

   

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

   

  23     Play equipment will be checked annually by an approved organisation.

   

  24     The Licensee will ensure that no children are allowed on the premises after 21:30hrs.

   

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