East Suffolk Council (North)East Suffolk House Riduna Park

Claremont Pier

Wellington Esplanade, Lowestoft, Suffolk, NR33 0BS

Completed application 005874 which is a New Application for Premises Licence from 30/12/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• provision of late night refreshment
• 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(a);

   

                   (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(a).

   

  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

   

  1              The licence holder shall make sure that doors and windows are kept closed (except for ingress and egress) to reduce noise nuisance from the premises.

  2              The licence holder shall display prominent, clear and legible notices at all exits requesting patrons to respect the needs of local residents and to leave the area quietly.

  3              The licence holder shall make sure the placing of bottles into receptacle outside the premises takes place at times that will minimise disturbance to nearby properties.

  4              The licence holder shall not use portable heating appliances on the premises.

  5              The licence holder shall not use any appliances utilising cylinders or containers of gas on the premises.

  6              The licence holder shall make sure that noise from entertainment and voices at the premises shall not be audible from inside noise sensitive premises at any time (with a window at the noise sensitive premises open for ventilation).

  7              The licence holder shall ensure all CCTV equipment and recorders are kept in a secure environment and maintained in good working order.

  8              The licence holder shall keep CCTV recordings for a period of not less than 28 days and allow access or provide hard copies to any authorised officer on demand.

  9              The licence holder shall appoint a competent member of staff to make available in suitable format a copy of any CCTV image as requested by an authorised officer.

  10              The licence holder shall place in prominent positions within the premises notices advising the public that CCTV is installed.

  11              The Licence holder shall ensure that lighting is provided outside the premises during the hours of darkness when any licensable activity takes place on the premises.

  12              The Licence holder shall participate in the local pubwatch/nightsafe scheme operating in the District.

  13              The licence holder shall make sure that the premises have valid public liability insurance in force and that a copy of the schedule is available for inspection by an authorised officer on request.

  14              The licence holder shall have in place a suitable and sufficient Fire Risk Assessment undertaken by a competent person, covering all of the premises, a copy will be available for inspection by any authorised officer on demand.

  15              The licence holder shall comply with the current Fire Risk Assessments for all of the premises and ensure that whilst the premises are open the maximum capacity does not exceed the following numbers;             

                The Aquarium 820, The Zoo Bar 100 when open jointly for an event.             

                The Zoo Bar when open independently 260 (Aquarium closed).             

                The Edge Bar 190 at all times.             

                These numbers include all staff and performers.

  16              The licence holder shall ensure that all staff are made aware of the current Fire Risk Assessments, undertake any necessary training and comply with their requirements.

  17              The licence holder shall ensure that all exits from the building are checked and operational prior to opening.

  18              The licence holder shall notify Suffolk Constabulary at least 28 days in advance, where possible, of any forthcoming event at the Aquarium featuring any sort of public entertainment, and 100 or more customers are likely to attend.

  19              The Licence holder shall use or employ licensed SIA door supervisors for all music or other events held in the Aquarium. They will be employed from 30 minutes before the opening of the event, and until 30 minutes after the closure of the Aquarium and other bars associated with the event.

  20              The Licence holder shall use or employ licensed SIA door supervisors at The Edge and The Zoo bars when licensable activities are being carried out on all Friday and Saturday nights, on all Sunday nights preceding a bank holiday, and on Christmas and New year's Eves. They will be employed from 21.00hrs until each premises has closed and all customers have left.

  21              The duties of the SIA door supervisors will include                                          

                o              Prevent the admission and ensure the departure from the premises of drunk and disorderly persons, without causing further disorder;                                         

                o              Keep out excluded individuals (subject to court or pub watch bans)                            

                o              Search and exclude persons suspected of carrying illegal drugs or offensive weapons.             

                o              Maintain an orderly queue outside the venue.             

                o              At the closure of the premises ensure a quiet and orderly dispersal of the patrons.

  22              The licence holder shall ensure that on all occasions where SIA door supervisors are required there will be a minimum of 2 door supervisors on duty for up to the first 100 customers. For each and every additional 100 customers the licence holder shall employ one additional door supervisor (one extra for each 100 customers)              

                Door supervisors shall be positioned at the points of ingress/egress; otherwise their deployment will be at the discretion of the premises management. However, a visual presence will be maintained on all floors open to the public.             

                All door supervisors will be easily identifiable at all times by use of clothing/uniform and licence worn.

  23              The licence holder shall ensure that for all events when door supervision is required at least one door supervisor will be female, when available.

  24              The licence holder will ensure that for all large scale events organised in the Aquarium and associated bars all drinks will be served or decanted into plastic or Polycarbonate containers.

  25              The licence holder shall ensure that all SIA door supervisors in attendance will sign a numbered log sheet prior to the start of their duties. Such record will include their full name, SIA licence number and record the date and start / finish time.

  26              The licence holder shall ensure that for all events requiring SIA door supervision a search policy will be implemented. A minimum of one in ten customers will be randomly searched up entry to the premises in addition to any person suspected of carrying prohibited articles.

  27              The licence holder will erect clear signage advising customers of the search policy and provide a table at entry to conduct searches of any larger items or bags.

  28              The Licence Holder will ensure that any customers will only be searched by door staff of the same gender

  29              The licence holder shall ensure any prohibited articles seized will be securely retained prior to the police being notified within 36 hours.

  30              The licence holder shall implement an ejection policy ensuring all instances of drunkenness, disorder, drug use or violence are challenged. The individual(s) will be ejected or in serious circumstance retained if possible for police intervention. Consideration will be given to permanent future exclusion from the premises.

  31              The licence holder shall report any incidents as described in the previous condition , particularly violence, to the police by the quickest possible means, either by radio or telephone.  Any relevant detail such as the identity and direction of travel of the individual(s) and any injury caused will be provided.

  32              The licence holder shall provide numbered incident sheet to record matters such as injury/ejection/refusals/drug misuse/seizure/age challenge. The sheet will detail any relevant facts and be dated and timed and signed by a member of staff. Any records will be produced to any authorised officer on demand.

  33              The Licence holder shall provide a means of two way communication to report   incidents between the premises and the local police or CCTV monitoring centre.

  34              The licence holder shall ensure all bar staff engaged in the sale of alcohol are trained in Responsible Alcohol Retailing to the minimum standard of BIIAB level 1 or equivalent, within three months of commencing employment at the premises. Such training can be carried out by an external provider or in house by a suitably qualified person.

  35              The licence holder shall ensure training records will be kept and reviewed every six months and made available to any authorised officer on demand.

  36              The licence holder shall implement a Challenge 21 scheme, ensuring prominent signage is displayed throughout the premises and all staffs are trained in its implementation.

  37              The licence shall provide a refusals register at all areas where the sale of alcohol takes place.

  38              The licence holder will ensure no customers will be admitted, or permitted to leave when carrying open or sealed bottles or glasses.

  39              The licence holder shall ensure the toilet areas are checked whilst the premises is open for licensable activities. At busy periods, particularly the weekend, such checks will be made every hour. A toilet log sheet will be provided, endorsed and made available to any authorised officer on demand.

  40              The licence holder shall provide a CCTV system capable of providing recorded images of evidential quality in all lighting conditions particularly facial recognition.

  41              The licence holder shall ensure the CCTV system is set to record from the time the premises is open until closure when all customers have left.

  42              The licence holder shall ensure the CCTV systems covers all ingress and egress to the premises, fire exits, outside areas and all areas where the sale of alcohol takes place.

  43              The licence holder shall not permit the playing of live or recorded music in any outside areas.

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  N/A