East Suffolk Council (North)East Suffolk House Riduna Park

Clyffe Hotel

3 Kikley Cliff, Lowestoft, Suffolk, NR33 0BY

Premises Licence WPREM2073 from from 30/12/2014 to 24/07/2015

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• 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/DPS shall ensure that drinks are only available for consumption from plastic or toughened glass vessels

  2              The Licence holder/DPS shall ensure that no customers are permitted to leave the premises with any vessels or bottles unless as part of limited off licence sales to restaurant guests

  3              The Licence holder/DPS shall ensure that off sales are made only to guests in the restaurant. The Licence holder shall ensure off sales are not made to the general public

  4              The Licence holder shall ensure that sufficient staff are employed to collect and safely remove any glasses (including broken glass) both inside and outside the premises.

  5              The Licence holder shall implement a Challenge 25 age verification policy and ensure all staff are trained in its operation. Prominent signage shall be displayed on the premises

  6              The Licence holder shall subscribe to the Townlink radio system

  7              The Licence holder shall participate in the local Pubwatch scheme

  8              The Licence holder shall use or employ door supervisors Friday and Saturday 21.00 to 02.00

  9              Where glass bottles are used, they will be retained or disposed of on the premises.

  10              The Licence holder shall ensure that customers are not permitted to take opened bottles or glasses out onto the public highway, during times, for example, when they are complying with the provisions of the smokefree regulations or making use of any pavement café permission held by the licensed premises.

  11              The Licence holder shall ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the operating schedule.

  12              The Licence holder shall ensure that any person selling or supplying alcoholic drink under the authority of a personal licence holder asks for a photo ID proof of age where they have reason to suspect that the individual may be under 18 years of age.

  13              The Licence holder shall not permit any irresponsible drinks promotions at the licensed premises which may negatively impact on the promotion of the licensing objectives.

  14              The Licence holder shall ensure that public information notices about crime and disorder issues are displayed at the requested of the Council or the Suffolk Constabulary.

  15              The Licence holder shall display any restrictions on the admittance of individuals according to age on or immediately outside the premises.

  16              The Licence holder shall display any conditions of entry to the premises in the vicinity of any entrance to the premises.

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

  18              The Licence holder shall be responsible for the disposal of waste on the frontage of the premises and make provision for the emptying of litter bins in the vicinity of the premises.

  19              The Licence holder shall ensure that lighting is provided outside the premises (and in any private car park) during the hours of darkness when any licensable activity takes place on the premises.

  20              Safety checks are to be carried out before the admission of the public or club members and guests; and details of such checks are kept in a Log-book.

  21              The Licence holder shall make sure that Temporary decorations are not used without prior notification to the licensing authority/fire authority.

  22              Access for emergency vehicles is to be kept clear and free from obstruction.

  23              The Licence holder shall make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises.

  24              The Licence holder shall make sure that at least one suitable trained first aider will be on duty when the public are present.

  25              The Licence holder shall make sure that where temporary electrical wiring and distribution systems have not been installed by a competent person, they are inspected and certified by a competent person before they are put to use.

  26              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.

  27              The Licence holder shall make sure that the use of special effects or mechanical installation is arranged and stored so as to minimise any risk to the safety of the audience, performers and staff.

  28              The Licence holder shall give prior notification to the Licensing and/or Fire Authority when the Licence holder intends to use any of the following special effects:                           

                Dry ice machines and cryogenic fog;                           

                Smoke machines and fog generators;             

                Foam cannon/snow machine;                           

                Pyrotechnics, including fireworks;                           

                Real flame;                           

                Firearms;                           

                Motor vehicles;                           

                Strobe lighting;                           

                Explosives and highly flammable substances;                           

                Lasers; (see HSE Guide The Radiation Safety of lasers for display purposes [HS(G)95] and BS EN 60825;Safety of laser products)

  29              The Licence holder shall make free drinking water available at all times the premises is open to the public.

  30              The Licence holder shall provide a chill-out area which is cooler and quieter than the dancing areas.

  31              The Licence holder shall provide sufficient seating to accommodate 70% of the maximum capacity of the premises.

  32              The Licence holder shall make sure that where tables and chairs are provided, clear gangways to exits are maintained.

  33              The Licence holder shall not use portable heating appliances on the premises.

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

  35              The Licence holder shall not use any paraffin or other mineral oil in any lamp, stove or other appliance except for cooking purposes.

  36              The Licence holder shall make sure that Noise is not noticeable at the façade of any noise sensitive premises and/or residential properties including periodic monitoring.

  37              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.

  38              The Licence holder shall install and use a noise limiters on amplification equipment in accordance with guidance from the Council's Environmental Health Officers.

  39              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 premises and the area quietly.

  40              The Licence holder shall seek approval from the Licensing Authority (by means of a variation application) prior to the use of explosives, pyrotechnics and fireworks of a similar nature which could cause disturbance in surrounding areas.

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

  42              The Licence holder shall make sure that during the final hour of opening the music is discernibly quieter.

  43              The Licence holder shall not permit the playing of live or recorded music in garden areas at any time

  44              The Licence holder shall make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.

  45              The Licence holder shall ensure that any ventilation system has suitable sound attenuation.

  46              The Licence holder shall nominate a person to be responsible for monitoring noise levels and instruct that person to implement changes in noise levels in accordance with any request by an authorised officer of the Council immediately and ensure that volume is maintained at the reduced level.

  47              The Licence holder shall ensure that offensive smells from the licensed premises are not permitted so as to cause a nuisance to nearby properties and the premises are properly vented.

  48              The Licence holder shall ensure that receptacles for waste are emptied regularly to minimise nuisance smells.

  49              External lighting shall be installed and maintained at the licensed premises in order to promote the licensing objectives and I will ensure that any lighting is positioned and of such design so as to minimise the risk of causing public nuisance by light pollution.

  50              The Licence holder shall provide adequate and suitable (lidded) receptacles to receive and store refuse from the premises/site.

  51              The Licence holder shall make sure that receptacles for refuse storage are maintained in a clean condition.

  52              The Licence holder shall make sure litter is regularly cleared from the vicinity of the premises.

  53              The Licence holder shall provide for the removal, within 24 hours of the finish of the event, of:                           

                All refuse (including litter picking across the site).                           

                Off site litter within one mile of the site along access and egress routes to the event.

  54              The Licence holder shall ensure that all door supervisors, on commencing duty, shall sign an attendance book with their SIA number

  55              The Licence holder shall ensure that on nights where door staff are required, the capacity of the premises shall be recorded by ticket/admission sale records, clicker or other such counting device, at all times when operating for licensable activities. Effective control shall ne exercised over occupancy levels in all areas of the premises so as to avoid overcrowding to an extent prejudicial to health and safety

  56              The Licence holder/DPS shall risk assess all events planned for the premises giving due consideration to employment of door supervisors. Notification of any non standard special events shall be given to the Police no later than one week prior to the event. Such events would be 18th birthday parties, DJ or music events such as drum and base nights, foam parties, showing of sporting events, or anything of a similar nature.

  57              The Licence holder/DPS shall ensure the premises fire risk assessment shall take account of any advice sought from the Fire Authority in relation to what would be considered the maximum number of people to be on the premises or part of it at any given time. As a guide to customer numbers the Licence holder has indicated his risk assessment provides the following capacities, Function Room -100, lounge Bar - 30, Lobby Bar -20

  58              The Licence holder shall implement a  proof of age policy agreed by the police and local authority.

  59              The Licence holder shall ensure an adequate risk assessment is in place with regard to the protection of children from harm whilst they may be present on the premises and while licensable activities are taking place. Such risk assessment to be produced to an authorised officer on demand.

  60              The Licence holder shall require that children under the age of 12 are accompanied by adults after 11pm in the evening.

  61              The Licence holder shall make sure that attendant(s) are stationed in the area(s) occupied by the children and in the vicinity of each exit, at a ratio of one attendant per 50 children (or part thereof).

  62              The Licence holder shall provide CCTV in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions, particularly facial recognition

  63              The Licence holder shall ensure Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas, and all areas where the sale/ supply of alcohol occurs.

  64              The Licence holder shall ensure the equipment is maintained in good working order.

  65              The Licence holder shall ensure that recordings must be kept for a period of 28 days and handed to Police on demand

  66              The Premises Licence Holder/Dps shall ensure an appointed member of staff, to include an agency employed to deal with cctv, is available and competent at downloading CCTV footage in a recordable format either disc or vhs, or electronic storage device, to the Police/Local Authority upon reasonable demand.              

                The Recording equipment and tapes/discs/device shall be kept in a secure environment under the control of the DPS or other responsible named individual.

  67              The Licence holder shall ensure that an operational daily log report is maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.

  68                The Licence holder shall ensure that an operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded. Any technical failure shall be reported to the Police immediately

  69              The Licence holder shall ensure that an incident book shall be kept and maintained on the premises at all times. The book shall detail any incident/injury/ejection/refusals/drug misuse/seizure/age challenge. Such matters shall be timed, dated and signed by the author and produced to Police/Authorised Licensing Officers on demand.

  70              The Licence holder shall ensure all bar staff engaged in the sale of alcohol to be trained in Responsible alcohol retailing to the minimum standard of BIIAB level 1 or equivalent, within three months of commencing employment at the premises. Training records shall be kept on the premises and produced to the Police and authorized Local Authority Licensing Officers on demand.              

                For the avoidance of doubt this training can be administered in-house in accordance with the relevant criteria. Training will be reviewed six monthly to ensure staff are up to date with the latest legislation.

  71              The Licence holder shall ensure that all instances of drunkenness, disorder, and drug use or violence will be challenged, resulting in the ejection or retention of the individual(s) and under serious circumstances, consideration shall be given to their permanent exclusion from the premises in future. Where appropriate  instances of ejection of persons from the premises will  be reported to the Police at the time of happening or as soon as possible thereafter.

  72              The Licence holder/DPS shall ensure that SIA registered door supervisors will be employed for any event held in the function room, during any evening, where customer numbers reach or exceed 50. Door supervisors shall be employed from 21.00 until 30 minutes after the termination of all licensable activities. This will not apply if the function room is being used primarily as a restaurant, and customers are taking table meals only. This would not cover an event such as a wedding reception or similar where the areas use changes throughout the night and includes dancing or a pay bar following a table meal

  73              The Licence holder shall implement an ejection policy, that by the use of either Town Link radio or the  999 service or other non emergency number, all instances of ejection of persons from the premises must be notified to the Police at the time of happening or as soon as possible thereafter. Where an offence of violence has been committed the door supervisors or premises management will retain the offender for handover to the Police or will take all reasonable steps to identify the offender and pass the identity to the Police as soon as reasonably practicable. An incident book entry shall be made on all occasions: timed, dated and signed by a member of staff.

   

   

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

   

  N/A