East Suffolk Council (North)East Suffolk House Riduna Park

Waveney

132-134 Bridge Road, Lowestoft, Suffolk, NR33 9JT

Open application 055765 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• provision of late night refreshment
• the supply of alcohol
• a performance of live music
• any playing of recorded music

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

   

  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).

   

   

   

   

  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

   

  On New Year's Eve the premises would be permitted to supply alcohol on and off the premises from the end of the normal licensed hours until the start of the licensed hours on the following day.

   

  General Conditions

  -

   

  Crime and Disorder

  1. 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.

   

  Public Safety

  -

   

  Prevention of Public Nuisance

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

  2. 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.

  3. 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.

  4. Recorded music played outside shall finish at 23:00

  5. Live music played outside shall finish at 21:00

  6. Any entertainment operated in the outside area will be operated in accordance with a noise management plan, agreed in writing with the East Suffolk Council Community Protection team, which will be made available for inspection to officers of the responsible authorities upon request.

   

  Protection of Children from Harm

  -

   

   

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

   

  1.              The licence holder/DPS shall provide CCTV in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition and shall ensure it is maintained in good working order.

   

  2.              The licence holder/DPS 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.

   

  3.              The licence Holder/DPS shall keep CCTV recordings for a period of no less than 28 days, and access to either viewing of the footage, and or copies of the footage, is made available to Police or Local Authority Officer on demand.

   

  4.              The licence holder/DPS shall ensure an appointed member of staff is available and competent at downloading CCTV footage in a recordable format either disc, or electronic storage device, upon reasonable demand by an authorised Police/Local Authority Officer.

   

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

   

  6.              The licence holder/DPS 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.

   

  7.              The event of a malfunction of the CCTV system a record shall be kept of the date and time of the fault and will also record of what steps have been taken to rectify the matter.

   

  8.              The licence Holder/DPS shall implement an ejection policy ensuring all instances of drunkenness, disorder, drug use or violence are 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 the future.

   

  9.              Where an offence of violence has been committed the premises management will take all reasonable steps to identify the offender and pass the identity to the Police as soon as is reasonably practicable.

   

  10.              The licence Holder/DPS shall ensure that an incident book(s) / refusals register shall be kept and maintained on the premises at all times. The book(s)/register shall detail all incidents of injury/ejection/refusals/drug misuse/seizure/age challenge. Such matters shall be timed, dated and signed by the author, counter signed by a manager/duty manager/DPS and produced to Police/Authorised Local Authority Officers on demand.

   

  11.              Each entry made in the incident/refusals register must be kept for a minimum period of 12 months from the date of the incident and made available for inspection by Police/Authorised Local Authority Officers on demand.

   

  12.              The licence Holder/DPS shall ensure that on, Fridays, Saturdays and Sundays preceding a bank holiday Monday, a minimum of three door supervisors will be employed at the premises to control entry to the venue and to carry out door supervisor duties in the bar area.

   

  13.              Door supervisors will be doors staff will be in attendance from 20:00 Friday, Saturday, and Bank Holiday Sundays.

   

  14.              When door supervisors are employed at the venue a register must be maintained showing the date and time of duty of each individual together with their name and SIA badge number and each entry must be maintained for a minimum of 12 months from the date of each entry. The register must be made available to Police/Authorised Local Authority Officers on demand.

   

  15.              That both Steven Swain and Adam Ward should be excluded from the venue at all times whilst it is open for licensed activity, including under any possible future aliases.

   

  16.              That both Steven Swain and Adam Ward must not be employed at the venue at any time whether in a paid or unpaid or voluntary capacity, including under any possible future aliases.

   

  17.              The Licence holder shall ensure 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 25 years of age.