East Suffolk Council (North)East Suffolk House Riduna Park

The Seagull Theatre

Morton Road, Lowestoft, Suffolk, NR33 0JH

Completed application 006562 which is a New Application for Premises Licence from 18/03/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• 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;

   

                   (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.

   

   

  EXHIBITION OF FILMS

   

  1)      Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section -

   

  2)      Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

   

  3)      Where -

   

  )          the film classification body is not specified in the licence, or

  )          the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question, admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  4)              In this section -

   

  “children” means persons aged under 18; and

  “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

   

               

   

   

   

   

   

   

   

   

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1              The Licence holder shall make sure that any removable security fastenings are removed whenever the premises are open to the public or occupied by staff.

  2              The Licence holder shall make sure that Hangings, curtains and temporary decorations are maintained in a flame-retardant condition.

  3              The Licence holder shall make sure that Hangings, curtains and temporary decorations are arranged so as not to obstruct exits, fire safety signs or fire-fighting equipment.

  4              The Licence holder shall make sure that notices detailing the action to be taken in the event of fire or other emergencies, including how the fire brigade should be summoned, are prominently displayed and protected from damage and deterioration.

  5              The fire brigade will be called at once to any outbreak of fire, however slight, and the details recorded in a Fire Log-book.

  6              The Licence holder shall make sure that when disabled people are present, adequate arrangements exist to enable their safe evacuation in the event of an emergency, and that patrons are made aware of these arrangements.

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

  8              In the absence of adequate daylight, the Licence holder shall make sure that the lighting in any area accessible to the public is fully operational.

  9              The Licence holder shall make sure that Fire safety signs are adequately illuminated.

  10              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.

  11              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.

  12              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:                           

                Pyrotechnics, including fireworks;                           

                Real flame;                           

                Firearms;                           

                Motor vehicles;                           

                Explosives and highly flammable substances;             

  13              The Licence holder shall make sure that all scenery is maintained fire retardant.

  14              The licence holder shall ensure that the metal gate beside the workshop area is open when the building is in use.

  15              The Licence holder shall make sure that any curtains provided between the stage and the auditorium are heavyweight and of non-combustible material or inherently or durable treated flame-retardant fabric.

  16              The number of attendants on each floor in a closely seated auditorium will be set out below:             

                Members of the audience present on a floor  Minimum number of attendants required to be present on that floor             

                                         1-100                                         One             

                                         101-250                                     Two             

                                         251 - 500                                   Three             

                                         501 - 750                                    Four             

                                         751 - 1000                                  Five             

                Each additional 250 persons (or part thereof) One

  17              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.

  18              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.

  19              The Licence holder shall seek approval t 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.

  20              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.

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

  22              The Licence holder shall ensure that flashing or particularly bright lights on or outside the licensed premises do not cause a nuisance to nearby properties, whilst balancing the need for lighting in the interests of prevention of crime and disorder.

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

  24              Where films are classified by the film classification body, (British Board of Film Classification) the Licence holder shall make sure that children (persons under 18) are only admitted in accordance with the classification of the film:             

                U - Universal - suitable for audiences aged 4 years and over;             

                PG - Parental Guidance - some scenes may be unsuitable for young children;             

                12A - viewing by persons aged 12 years or older or persons younger than 12 when accompanied by an adult;             

                15 - viewing by persons aged 15 years and over;             

                18 - viewing by persons aged 18 years and over.

  25              Where the Licensing Authority has made a recommendation on the restriction of admission of children to a film, the Licence holder shall make sure that notices are displayed both inside and outside the premises so that persons are aware of the classification.

  26              Where the admission to film performances is restricted by age, the Licence holder shall display a notice to the effect below:             

                             

                PERSONS UINDER THE AGE OF **** CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME             

                             

                Where the films of different categories form part of the same programme, the notice shall refer to the oldest age restriction.

  27              The Licence holder shall make sure that the backstage facilities are large enough to accommodate safely the number of children taking part in any performance.

  28              The Licence holder shall make sure that children performing in productions are kept under adult supervision at all times including transfer from stage to dressing room and anywhere else on the premises.

  29              The Licence holder shall make sure that all chaperones and production crew on the show receive instruction on the fire procedures prior to the arrival of the children.

  30              The Licence holder shall make sure that children are accounted for at all times in case of an evacuation or emergency.

  31              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.

  32              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.

  33              The Licence holder shall ensure that the consumption of alcohol is restricted to the areas identified on the plan attached to the application.

  34              The Licence holder shall adopt and comply with the British Beer and Pub Associations Guidelines on On-Trade Promotions.

  35              The Licence holder shall implement a policy agreed by the Police and local authority regarding prohibited substances.

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

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

  38              No customers will be admitted, or permitted to leave when carrying open or sealed bottles or glasses.

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

  40              The Licence holder shall make sure that escape routes and exits, including external exits, are maintained to ensure that they are not obstructed, in good order with non-slippery and even surfaces, free of trip hazards and clearly identified.

  41              The Licence holder shall make sure that where chairs and tables are provided, internal gangways are kept unobstructed.

  42              The Licence holder shall make sure that all exit doors are easily openable and do not require  the use of a key, card, code or similar means

  43              The Licence holder shall make sure that doors at such exits are regularly checked to ensure that they function satisfactorily and a record of the check is kept.

   

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

   

  N/A