East Suffolk Council (North)East Suffolk House Riduna Park

The Battery

119-125 London Road North, Lowestoft, Suffolk, NR32 1LZ

Open application 046648 which is a New Application for Premises Licence

Applicant(s)

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

   

  SUPPLY OF ALCOHOL

   

  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.              (1) 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 -

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

  b)              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).

   

   

  DOOR SUPERVISION

   

  1.               Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must:

  (a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or

  (b) be entitled to carry out that activity by virtue of section 4 of the Act.

  2.               But nothing in subsection (1) requires such a condition to be imposed:

  (a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c12) (premises with premises licences authorising plays or films); or

  (b) in respect of premises in relation to: (i) any occasion mentioned in paragraph 8(3)(b) or

  (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or (ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act. 

   

  3.               For the purposes of this section:

  (a) "security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies, and which is licensable conduct for the purposes of that Act, (see Section 3(2) of that Act); and

  (b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

  The Battery of Ideas is a unique Place Partnership between East Suffolk Council and a creative consortium, led by First Light Festival CIC, to shape the function, programming and operation of Lowestoft’s new ‘Cultural Quarter’- building inclusive community engagement and cultural participation into the heart of this major capital regeneration development. 

   

  A consortium of the partners will meet regularly to review its development and running. Together we have undertaken regular and detailed consultations and planning development processes through a series of round table meetings, conversations and discussions.

   

  Key audiences for BATTERY OF IDEAS are local creatives, residents and families. 

   

  First Light Festival CIC have recruited a Project Lead to run the building alongside the existing First Light team, who will be responsible for ensuring compliance with licensing objectives

   

  First Light Festival CIC will originate an operating schedule and risk assessments for the building.  All staff and building users will be expected to read and adhere First Light Festival CIC’s policies and procedures.    

   

  Prevention of crime and disorder

  Capacity of the internal areas will be monitored and always maintained by management.  

   

  After 11pm and during larger events the premises will be monitored and managed by SIA security. 

   

  Patrons will be prevented by SIA security from taking any open drinking vessel off site. 

   

  Patrons will be prevented by SIA security from bringing any alcoholic beverages on site. 

   

  SIA register of licensed door supervisors to be checked by First Light staff prior to employment to ensure premises and customers are protected by door supervisors with a valid SIA licence

   

  Public safety

  Appropriate measures will be taken to ensure the safety of all staff, other building users, and general public. 

   

  A detailed operating schedule and communication of all the contents to staff is a key part in ensuring the public safety of all.

   

  First Light Festival CIC will produce detailed premises, event and fire risk assessments for the premises. 

   

  Relevant staff members will be trained as designated first aiders and fire marshals and will be rota’d to ensure there is always sufficient cover on duty. Qualified professional first aid and SIA security will be in attendance at events where required.  

   

  monthly evacuation drill to be held by Project Lead before premises opens to the public and will cover premises evacuation procedure and individual staff responsibilities. 

   

  Access routes and means of escape will be maintained at all times and evacuation procedures will be put in place to ensure efficient evacuation of the premises and communications between staff, other building users and audiences in case of an incident. 

   

  Duty staff will be briefed ahead of events.  

   

  All relevant equipment will be fire resistant and to British Standard. 

   

  Adequate lighting to be provided at all times that the premises is open to the public, including emergency lighting. 

   

  Prevention of public nuisance

  Notices around the site reminding audiences to leave the premises quietly

   

  Staff will be briefed as to how to manage potential nuisance.

   

  SIA security on duty for late night opening and events. 

   

  Litter and recycling are key parts of the First Light Festival CIC 's Environmental sustainability ethos and systems will be established accordingly in conjunction with ESSL, who are providing waste management for the premises. 

   

  A drinking-up period of 30 minutes will be imposed which will help to spread the departure of audience.

   

  Strict outdoor performance and PA curfew at 23:00

   

  Siting of any PA systems to take account of local residences

   

  No over-night working

   

  Glass being poured in to recycle bins outdoors will be restricted from 23:00-08:00 daily

   

  Protection of children from harm

  All staff and building users will be briefed on First Light's Safeguarding Children & Adults at Risk policy, reviewed annually in conjunction with Suffolk's Safeguarding Children Board.  

   

  Activity during regular openings times will be suitable for children and families. Where appropriate, age restrictions will be put on specific events and performances and these will be ticketed, e.g. DJs during first light festival

   

  Experienced bar staff will challenge anyone who appears under the age of 25 to provide age identification (valid photo ID) otherwise they will be refused the sale of alcohol.

   

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