East Suffolk Council (North)East Suffolk House Riduna Park

Rudy's Cafe Bar & Grill

93 High Street, Lowestoft, Suffolk, NR32 1XW

Open application 053285 which is a Change of Name/Address Licence Holder for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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 consumption of alcohol is restricted to the areas identified on the plan attached to the operating schedule.

  2              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.

  3              The Licence holder shall adopt and comply with the British Beer and Pub Associations Guidelines on On-Trade Promotions.

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

  5              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.

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

  7              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.

  8              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.

  9              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.

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

  11              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

  12              The Licence holder shall make sure that doors at such exits are regularly checked to ensure that they function satisfactorily and a record of the check is kept.

  13              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.

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

  15              The Licence holder shall make sure that fire resisting doors to ducts, service shafts, and cupboards are kept locked shut.

  16              The Licence holder shall make sure that the edges of the treads of steps and stairways are maintained so as to be conspicuous.

  17              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.

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

  19              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.

  20              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.

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

  22              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.

  23              The fire brigade will be called at once to any outbreak of fire, however slight, and the details recorded in a Fire Log-book.

  24              The Licence holder shall notify the local Fire Control Centre as soon as possible if the water supply to any hydrant, hose reel, sprinkler, drencher or other fire extinguishing installation is cut off or restricted.

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

  26              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.

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

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

  29              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.

  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 not provide temporary electrical wiring and distribution systems without prior inspection by a suitably qualified electrician.

  36              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.

  37              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.

  38              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

  39              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.

  40              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.

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

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

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

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

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

  46              The Licence holder shall make sure that Noise or vibration is not audible at the façade of any noise sensitive premises.

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

  48              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.

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

  50              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.

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

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

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

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

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

   

   

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