East Suffolk Council (North)East Suffolk House Riduna Park

Marmaris Oulton Broad

58 Bridge Road, Lowestoft, Suffolk, NR32 3LR

Completed application 010388 which is a New Application for Premises Licence from 20/12/2016 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

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• 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 use or employ such numbers of SIA licensed door              

                supervisors (see condition 3) at or during the opening of the premises from 22.00        hrs and whilst the premises is open past midnight on Thursday, Friday, Saturday, Bank              

                Holiday Sunday, Christmas Eve and New Year's Eve and at such other times when;              

                a) A properly carried out risk assessment has been undertaken before other              

                functions take place and the attendance of door supervisors is deemed              

                appropriate.              

                b) Intelligence is received from the Police of a situation requiring the attendance of              

                door supervisors to prevent crime or disorder at the premises.

  2              The door supervisors in attendance will:                           

  a) Prevent the admission and ensure the departure from the premises of any person under age and any drunk and disorderly persons                           

                b) Keep out excluded individuals (subject to court or pub watch bans)                            

                c) Search and exclude persons suspected of carrying illegal drugs or offensive weapons; or

                d) Maintain an orderly queue outside the venue and ensure quiet dispersal at closing time

  3              The licence holder shall provide door supervisors in the following minimum numbers when open and in compliance with condition No.1             

  a) Winelodge Lounge: Friday, 1 on Entrance, 1 in Lounge, Saturday, Bank Holiday, Sunday, Christmas Eve, New Year's Eve, 2 on Entrance 1 in Lounge             

  b) Function Room: Any 18 to 21 year old birthday parties, 1 on Entrance 1 in Room; other functions subject to risk assessment.             

  c) Escape: Thursday, 1 on Entrance 2 in Club; Friday, Saturday, Bank Holiday, Sunday, Christmas Eve, New Year's Eve, 2 on Entrance, 2 in Club             

  4              The licence holder shall ensure that on the occasions when door supervisors are in attendance the persons admitted to the premises (see condition 5) shall be controlled and counted either by ticket, admission sale record or other such counting device

  5              The Licence holder will comply with current Fire Risk Assessment and ensure that whilst the premises is open the maximum capacity does not exceed:             

                Winelodge Lounge 250 including staff             

                Function Room 120 including staff             

                Escape 370 including staff

  6              The Licence holder shall implement a search policy requiring door staff to search all persons suspected of possessing prohibited articles before entry, any female customers will only be searched by appropriate SIA licensed female staff. Any prohibited articles found will be retained in a secure box provided for in the office and the police informed within 36 hours to facilitate collection.

   

  7              The Licence holder will ensure that all door supervisors challenge any person suspected of being underage and all incidents of drunkeness, disorder, drug use or violence.

  8              The Licence holder will ensure that any person causing disorder will be warned, ejected or in circumstances where an offence of violence or drug use has occurred will be detained if possible for police intervention.  Consideration will be given to permanent exclusion from the premises if the situation requires it.

  9              The licence holder shall provide a numbered incident log sheet on the premises at all times. The log sheet shall provide details of any incident/injury/ejection/refusals/drug misuse/seizure/age challenge or other such incident which could compromise the Premises Licence. Any entry will be timed, dated and signed by a relevant member of staff and produced for inspection to any authorised officer on demand.              

               

  10              The licence holder will provide an ejection policy and enforce it effectively,              

                including communicating any instances of ejection to the police, providing the identity of any individuals by the use of short wave radio or telephone system including the emergency 999 number.

  11              The licence holder shall ensure that all staff engaged in the sale of alcohol receive suitable training at the start of their employment with a review every six months to take account of any changes in legislation. Training records shall be kept on the premises and produced to any authorised officer on demand.              

               

  12              The licence holder will ensure that no children under the age of 18 years are              

                permitted entry to the premises other than the Function Room after 10pm. The              

                Function Room exception allows for the attendance of younger persons at a wedding or other such family function.              

   

  13              The licence holder shall, during the times in condition No1, ensure the toilet areas              

                are checked at least every hour, a toilet inspection log sheet will be provided and              

                endorsed by the inspecting member of staff and produced to any authorised officer               on demand.

  14              The licence holder will implement a Challenge 21 scheme and ensure appropriate              

                signage is prominently displayed throughout the premises ensuring staff are trained in its operation.

  15              The licence holder will inform the police at least one week in advance of any              

                organised events in the function room.

               

  16              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.

                             

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

  18              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.

  19              The Licence holder shall ensure that any cameras covering the exterior of the              

                premises are left to record at any and all times.

  20              The Licence holder shall ensure that recording device retains the information for at least twenty eight days and a copy is produced to an authorised officer on demand.

  21              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

  22              The Licence holder shall ensure that drinks are only available for consumption from toughened glass, and on busy Bank Holiday periods plastic containers will be used.

   

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

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

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

  26              The Licence holder shall participate in the local pubwatch/nightsafe scheme              

                operating in the District.

  27              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.

  28              The licence holder will have in place a suitable and sufficient Fire Risk Assessment              

                undertaken by a competent person, covering all of the premises, a copy will be              

                available for inspection by any authorised officer on demand.

  29              All staff will be made aware of the Fire Risk Assessment, undertake any necessary training and comply with its requirements.

  30              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.

  31              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:              

                a) Dry ice machines and cryogenic fog;              

                b) Smoke machines and fog generators;              

                c) Pyrotechnics, including fireworks;              

                d) Real flame;              

                e) Firearms;              

                f) Motor vehicles;              

                g) Strobe lighting;              

                h) Explosives and highly flammable substances;              

                i) Lasers; (see HSE Guide The Radiation Safety of lasers for display              

                purposes[HS(G)95] and BS EN 60825;Safety of laser products)

  32              The Licence holder shall provide a "hot line" to a local taxi firm.

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

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

  35              The Licence holder shall not use any appliances utilising cylinders or containers of gas on the premises.

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

  37              The Licence holder shall make sure that amplified music and voices from the              

                premises shall not be audible from inside noise sensitive premises in the vicinity at any time (with a window at the noise sensitive premises open for ventilation).

   

  38              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.

  39              The Licence holder shall install and use noise limiters on amplification equipment in accordance with guidance from the Council's Environmental Health Officers.

  40              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.

  41              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.

   

   

  42              The Licence holder shall not permit the playing of live or recorded music in any              

                outside areas

  43              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.

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

  45              The Licence holder will nominate the duty manager or senior door supervisor 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.

  46              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.

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

  48              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.

  49              The Licence holder shall provide adequate and suitable (lidded) receptacles to              

                receive and store refuse from the premises/site.

  50              The Licence holder shall make sure that receptacles for refuse storage are              

                maintained in a clean condition.

  51              The Licence holder shall make sure litter is regularly cleared from the immediate              

                vicinity of the premises.

   

   

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