East Suffolk Council (North)East Suffolk House Riduna Park

Vibe

7-9 Station Square, Lowestoft, Suffolk, NR32 1BA

Premises Licence WPREM2436 from from 14/04/2015 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• 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. 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.

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1              The Licence holder shall ensure that a secure deposit box is kept on the premises for the retention of confiscated items and ensure that the Police are advised of any items which require safe disposal, within 48 hours of such item being confiscated.

  2              The Licence holder shall use or employ door supervisors at all times when a licensable activity is being carried out.

  3              The Licence holder shall use or employ at least two door supervisors on each floor or tier, in addition to those located in any access/egress point, during the whole of the time any licensable activity takes place.

  4              The Licence holder shall make sure that a female supervisor will be available to conduct searches on female customers.

  5              The Licence holder shall ensure that all door supervisors who are on duty complete an attendance book, at the beginning of each shift that they are working (or not later than one hour after they start work), with their full name and SIA licence number.

  6              The Licence holder shall ensure that Door Supervisors wear High-Visibility Jackets and/or armbands whilst employed on the premises.

  7              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. This system will be subject to approval by the police.

  8              The Licence holder shall install Video/CCTV equipment inside/outside the premises and ensure that it is maintained in working order.

  9              The Licence holder shall set Video/CCTV equipment to record from the time that the premises open to the public until the premises close and all members of the public have left.

  10              The Licence holder shall ensure that any cameras covering the exterior of the premises are left to record for the duration of the tape

  11              The Licence holder shall ensure that recordings are retained for at least twenty eight days and that copies in a viewable format are produced to an authorised officer on demand.

  12              The Licence holder shall put up notices advising that CCTV has been installed on the premises so that they are clearly visible to the public within the licensed premises.

  13              The Licence holder shall keep auditable records relating to the operation of the CCTV system and staff training in this respect.

  14              The Licence holder shall ensure that drinks are only available for consumption from plastic vessels or toughened glass.

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

  16              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.

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

  18              The Licence holder shall ensure that the maximum occupancy of the licensed premises is restricted at any one time to: 100.

  19              The Licence holder shall ensure that the capacity limit is enforced.

  20              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.

  21              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.

  22              The Licence holder shall implement a policy agreed by the Police and local authority.

  23              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.

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

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

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

  27              The Licence holder shall ensure that access to the dressing room is restricted at all times whilst the regulated entertainment takes place, until such time as the performers have vacated the premises.

  28              The Licence holder shall ensure that there is no audience participation in regulated entertainment which includes striptease or similar entertainment.

  29              The Licence holder shall ensure that the route between the dressing room and performance area is either restricted or supervised at all times.

  30              The Licence holder shall ensure that no lewd or indecent acts take place and that no male or female genitalia are exposed at any time.

  31              The Licence holder shall ensure that there will be designated areas where the activities may take place and these areas will be strictly adhered to.  AND shall inform the Council where these designated areas will be.

  32              The Licence holder shall ensure that the dressing room area is strictly controlled and maintained at all times until the performers have evacuated it.

  33              The Licence holder shall ensure that the acts take place only within the hours of 21.00-   02.30 pm .

  34              The Licence holder shall ensure that the agreed activities are given only by the performers and no audience participation will be permitted.

  35              The Licence holder shall ensure that performers shall be aged not less than 18 years.

  36              The Licence holder shall ensure that no person under the age of 18 shall be allowed onto the premises and a clear notice shall be displayed at the entrance to the premises in a prominent position so that it can be easily read by persons entering the premises.

  37              The Licence holder shall ensure that photographs or other images that indicate or suggest that striptease or similar entertainment takes place on the premises and which may be offensive will not be displayed outside of the premises.

  38              The Licence holder shall ensure that all windows to the outside of the premises are covered for events.

  39              The Licence holder shall ensure that Council Officers are allowed free admission to monitor the events on production of official ID.

  40              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.

  41              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.

  42              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.

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

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

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

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

  47              If more than one first aider is present, the Licence holder shall make sure that their respective duties are clearly defined.

  48              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.

  49              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.

  50              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)

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

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

  53              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             

                001-100                                                                     One             

                101 - 250                                                                   Two             

                251 - 500                                                                   Three             

                501 - 750                                                                   Four             

                751 - 1000                                                                   Five             

                Each additional 250 persons (or part thereof)              One

  54              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.

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

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

  57              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.

  58              The Licence holder shall make sure that sitting on floors is not permitted except where authorised in the premises licence.

  59              The Licence holder shall make sure that waiting or standing is not permitted except in areas designated in the premises licence.

  60              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.

  61              The Licence holder shall make sure that clothing or other objects are not placed over balcony rails or upon balcony fronts.

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

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

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

  65              The Licence holder shall comply with Retailer Alert Bulletins issued by  Portman Group.

  66              A crime prevention policy agreed by the police and local authority shall be in place.

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

  68              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.

  69              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.

  70              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.

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

  72              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.

  73              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.

  74              The Licence holder shall ensure a search policy will be implemented by the door staff upon direction from the DPS with consideration to searching at least 1 in 10 customers. The Licence holder shall also ensure that there is appropriate signage indicating that compliance with the foregoing  will be a condition of entry to the premises.

  75              The Licence holder shall comply with the current Suffolk Constabulary 'promotion event' risk assessment scheme.

  76              The Licence holder shall operate a Challenge 21 policy

  77              The Licence holder shall keep on the premises a register of refused admission and service.

  78              The Licence holder shall not permit children under the age of 18 to access the premises.

   

   

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

   

  N/A