East Suffolk Council (North)East Suffolk House Riduna Park

Shish Restaurant and Meze Bar

20 The Esplanade, Lowestoft, Suffolk, NR33 0QG

Completed application 006412 which is a New Application for Premises Licence from 25/02/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1              The Licence holder shall ensure that the edges of the treads of steps and stairways are maintained so as to be conspicuous

  2              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.

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

  4              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.

  5              The Licence holder shall ensure that any cameras covering the exterior of the premises are left to record for the duration of the tape and for a period not less than 24HRS.

  6              The Licence holder shall ensure that monitoring tapes are retained for at least twenty eight days and are produced to an authorised officer on demand.

  7              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.

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

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

  10              The Licence holder shall ensure that the maximum occupancy of the licensed premises is restricted at any one time to: 750.

  11              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.

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

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

  14              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.

  15              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.

  16              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.

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

  18              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

  19              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.

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

  21              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.

  22              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.

  23              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.

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

  25              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.

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

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

  28              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.

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

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

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

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

  33              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.

  34              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.

  35              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.

  36              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

  37              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.

  38              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.

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

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

  41              The Licence holder shall make sure that where tables and chairs are provided, clear gangways to exits are maintained.

  42              The Licence holder shall not use portable heating appliances on the premises.

  43              The licence holder shall only use beer and soft drinks appliances using mixed gas and CO2 cylinders but no other.

  44              The Licence holder shall not use any paraffin or other mineral oil in any lamp, stove or other appliance except for cooking purposes.

  45              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.

  46              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.

  47              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.

  48              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.

  49              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.

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

  51              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.

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

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

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

  55              The licence holder/DPS shall ensure that no entry will be granted after 02:00hrs, no re-entry after this time will be permitted.  Customers in the queue will be informed prior to 2am that they may not be successful in being admitted

  56              The licence holder/DPS shall ensure that CCTV system coverage includes the stairwells from the foyer to all floors, this to include fire escape areas, and any route any person being ejected would be taken.

  57              The licence holder/DPS shall ensure that no competitions/contests take place throughout the evening where the prize is free alcohol

  58              The licence holder/DPS shall ensure that no customers are served large bottles of alcoholic drinks of 50cl or more.  In the instance of a larger bottle sale, this will take place in the designated VIP seating areas, with the appropriate drinking vessels available.  Once in these designated areas, the bottles cannot be taken into any part of the venue.  The designated VIP seating areas will be suitably monitored by staff to ensure that responsible alcohol service is maintained, and any signs of drunkeness, or inappropriate behaviour are promptly challenged.  The designated VIP seating areas are to be controlled at all times.

  59              The licence holder/DPS shall ensure that there is a "cool down" period for the last 30 minutes of trading before the premises closes in which the music is discernibly quieter, and the lighting levels are increased.

  60              The licence holder/DPS shall ensure that signage shall be clearly displayed at the point of access, toilet areas and exits; appropriately in relation to Age Policy, Drug Policy, Search Policy, Last Entry Policy, CCTV Policy which clearly states that CCTV is in operation, and Dispersal Policy requesting that patrons are to respect the needs of local residents and to leave the premises and area quietly.  A list of local taxi firm numbers will also be displayed at point of exit/entrance

  61              The licence holder/DPS shall implement an ejection policy ensuring all instances of drunkeness, 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.               

                All such instances must be notified to the Police at the time of happening or as soon as possible thereafter using the appropriate method, emergency or non-emergency contact dependant on the circumstances.  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.  An incident book entry will be made on all occasions; timed, dated and signed by a member of the security team and then countersigned and acknowledged by the Duty Manager.

  62              The licence holder/DPS shall ensure that all bar staff engaged in the sale of alcohol to be trained in Responsible alcohol retailing to the minimum standard of BIIAB level 1 or equivalent, within three months of commencing employment at the premises.  Training records shall be kept on the premises and produced to the Police and authorised Local Authority Licensing Officers on demand.  For the avoidance of doubt this training can be administered in-house in accordance with the relevant criteria.  Training will be reviewed every 6 months to ensure staff are up to date with the latest legislation.

  63              The licence holder/DPS shall ensure that the premises will employ an internal radio system allowing two-way communication between all members of relevant staff

  64              The licence holder/DPS shall ensure that a search policy shall be implemented.  A minimum ratio of one in ten customers will be randomly searched upon entry to the licensed premises.  All persons suspected of possessing prohibited articles will be searched upon entry.  Clear signage will be prominently displayed advising customers that they may be searched as a condition of entry.  An area will be made available in the foyer area to conduct searches of larger items such as bags.  Female customers will only be personally searched by a female member of security, however, bag searches are permitted by a male member of security.  A box will be made available where any prohibited articles are securely deposited prior to be taken to the safe in the office.  Police will be notified within 36 hours of any prohibited articles for collection.

  65              The premises licence holder/DPS shall implement the "Challenge 21" scheme, ensuring prominent signage is displayed throughout the premises and all staff are trained in its operation

  66              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) shall detail all incidents of injury/ejection/refusals/drug misuse/seizure/age challenge.  Such matters shall be timed, dated and signed by the author and produced to Police/Authorised Licensing Officers on demand.  In the case of the refusals register, there shall be one at each bar area, or any other area utilised for the supply of alcohol.

  67              The licence holder/DPS shall ensure that the toilet areas will be checked whilst the Premises are open for licensable activities.  On a Friday and Saturday the toilet areas will be checked at least every hour the premises are open for licensable activities.  A record of these toilet checks will be retained and made available to Police and Local Authority Licensing Officers on demand.

  68              The licence holder/DPS shall ensure that empty drinking vessels shall be regularly collected as to ensure no accumulation in areas where the public have access

  69              The licence holder/DPS shall ensure that on Thursdays, Fridays, Saturdays, and  Sundays pre-ceding a bank holiday Monday, door supervisors will be employed at the premises.  Door supervisors will be employed prior to customers attending the premises and will be so employed until 30 minutes after the termination of licensable activities             

  70              On all nights when door supervisors are required, at least one of them will be female when available.

  71              On each trading session the Licence holder shall ensure there will be a minimum of 2 door supervisors on duty for up to the first 100 customers.  For every additional 100 customers the premises shall employ another door supervisor

  72              The deployment of the door supervisors will be at the discretion of the premises management, however, a visual presence will be maintained on all floors open to the public at all times licensable activities are taking place, this will include the outside smoking area.  All door supervisors will be easily identifiable at all times by use of clothing/uniform.

  73              All door supervisors on commencing duty will sign an attendance book with their full name, SIA number, and record the time/date and shift hours.

  74              Polycarbonate/plastic containers shall be used at all times when the premises operate for licensable activities.  In the event the suppliers cannot provide polycarbonate/plastic bottles, then all glass bottled drinks will be decanted/dispensed and served in polycarbonate/plastic containers.  All glass bottles accumulated behind the bar(s) shall be disposed of on the premises.               

                However, permitted use of glass bottles will be in the designated VIP seating areas as detailed in condition 57.  These bottles must not leave the designated seating areas and must be removed promptly by trained staff once no longer required.             

   

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

   

  N/A