East Suffolk Council (North)East Suffolk House Riduna Park

New Cut Arts

The Cut, New Cut, Halesworth, Suffolk, IP19 8BY

Completed application 006367 which is a New Application for Premises Licence from 23/02/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• the supply of alcohol
• a performance of a play

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

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

  3              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.

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

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

  6              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.

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

  8              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

  9              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.

  10              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.

  11              The Licence holder shall make sure that all fire doors are maintained effectively self-closing and not held open other than by approved devices.

  12              The Licence holder shall make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut.

  13              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.

  14              The Licence holder shall make sure that any upholstered seating meets on a continuous basis the pass criteria for smouldering ignition source 0, flaming ignition source 1 and crib ignition source 5 when tested in accordance with section 5 of Bs 5852:1990.

  15              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.

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

  17              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.

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

  19              The Licence holder shall notify the local Fire Control Centre as soon as possible if the water supply to any hydrant, hose reel, sprinkler, drencher or other fire extinguishing installation is cut off or restricted.

  20              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.

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

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

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

  24              The Licence holder shall not alter Emergency lighting without prior notification to the Licensing Authority.

  25              The Licence holder shall make sure that Emergency lighting batteries are fully charged before admission of the public.

  26              In the event of failure of normal lighting, where the emergency lighting battery has a capacity of one hour, the Licence holder shall make sure that evacuation of the premises is possible within 20 minutes.

  27              Where the emergency lighting battery has a capacity of three hours, the Licence holder shall make sure that evacuation of the premises is possible within one hour.

  28              The Licence holder shall make sure that the following systems are maintained and inspected by suitably qualified professional persons in accordance with any British Standards and at intervals recommended in national guidance, and will keep the records of such inspections available for inspection by authorised officers on request:             

                Building Electrical Installation             

                Emergency Lighting System             

                Fire Warning System             

                Gas boiler, calorifier or appliance             

                Oil fired boiler or appliance             

                Suspended ceilings             

                Portable fire fighting equipment             

                Temporary Electrical Installation

  29              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.

  30              The Licence holder shall not alter the 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.

  31              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.

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

  33              The Licence holder shall make sure that staff on the premises monitor and record the number of patrons within the premises.

  34              The number of attendants on each floor in a closely seated auditorium will be as 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

  35              The Licence holder shall make sure that attendants are not engaged in any duties that would hinder the prompt discharge of their duties in the event of an emergency or entail their absence from the auditorium where they are on duty.

  36              The Licence holder shall make sure that attendants will be readily identifiable to the audience.

  37              The Licence holder shall not use the premises for a closely seated audience except in accordance with seating plans.  A copy of the plan is to be displayed at the premises.

  38              The Licence holder shall make sure that no article are attached to the back of any seats  which reduce the clear width of seatways or cause a tripping hazard or obstruction.

  39              The Licence holder shall make sure that in no circumstances is anyone permitted to:-             

                (i)  sit in any gangway;             

                (ii) stand or sit in front of an exit; or             

                (iii) stand or sit on any staircase including any landings.

  40             

  41              The Licence holder shall make sure that the level of lighting in the auditorium is as great as possible, consistent with the effective presentation of the film.  This will normally be in compliance with BS CP 1007 (Maintained Lighting for Cinemas).

  42              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.

  43              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.

  44              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.

  45              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.

  46              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.

  47              The Licence holder shall ensure that any ventilation system is suitably attenuated.

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

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

  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 comply with Retailer Alert Bulletins issued by  Portman Group.

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

  55              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.

  56              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).

  57              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.

  58              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.

  59              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.

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

  61              The Licence holder shall make sure that any temporary electrical wiring and distribution systems comply with the recommendations of BS 7671 or where applicable BS 7909.

   

   

   

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

   

  1              That noise from entertainment provided at the premises, including voices and music, whether amplified or not, should not be audible from inside any noise sensitive premises (including dwellings) at any time.

  2              That customers be discouraged (by appropriate stewarding and signage) from loitering at the entrance to the premises

  3              I will 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. Further I will ensure that public announcements emphasising these points are made at the end of any entertainment.

  4              That notices informing patrons where they can and cannot smoke outside of the premises shall be prominently displayed inside and outside of the premises. Further that the applicant ensure that a dedicated member of staff is located outside the premises at all suitable times when patrons may be smoking. Such staff must ensure that any patrons smoking outside of the premises are immediately ushered to the allocated smoking area to the rear of the premises.

  5              On the 8 occasions when the hours of opening are increased to midnight the applicant must notify Suffolk Constabulary and Waveney District Council Licensing Team in writing at least 7 days in advance of each occasion.