ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 Alcohol shall not be sold or supplied:
(a) At any time when there is no designated premises supervisor in respect of the
premises licence, or
(b) At any time when the designated premises supervisor does not hold a personal licence or his/her personal licence is suspended
1.2 Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
1.3 The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -
(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 (other than
any promotion or discount available to an individual in respect of alcohol for
consumption at a table meal, as defined in section 159 of the Act);
(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;
(d) provision of free or discounted alcohol in relation to the viewing on the premises of a
sporting event, where that provision is dependent on -
(i) the outcome of a race, competition or other event or process, or
(ii) the likelihood of anything occurring or not occurring;
(e) 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.
1.4 The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
1.5 The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
1.6 (a) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
(b) 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 a holographic mark.
1.7 The responsible person shall 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; and
(b) customers are made aware of the availability of these measures.
1.8 The relevant person (the holder of the premises licence, the designated premises supervisor (if any) in respect of such a licence, the personal licence holder who makes or authorises a supply of alcohol under such a licence, or any member or officer of a club present on the premises in a capacity which enables the member or officer to prevent the supply in question) 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.
For the purposes of this condition “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979, “permitted price” is the price found by applying the formula -
P = D + (D x V)
where - (i) P is the permitted price, (ii) D is the rate 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;
[“value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994]
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
The following conditions in Annex 2 are conditions consistent with the operating schedule submitted by the applicant within the application:
2.1 Performances of live music and the playing of recorded music (for clarity, recorded music being occasions where music is above background/incidental levels) shall be limited to no more than 24 occasions per calendar year. These occasions shall be pre-booked functions or events only. A logbook of these occasions must be kept at the premises and shall be made available for inspection upon request to an authorised officer of the Licensing Authority or Police.
2.2 Other than on those occasions outlined above in 2.1, any recorded music activity held at the licensed premises shall be background, incidental or ancillary only to other activities and be played at low volume. Recorded music shall not be permitted to pre-dominate other activities at the licensed premises.
2.3 Unamplified live music (excepting percussion instruments) shall be permitted to take place on the patio area outside for a maximum duration of two hours. Such events shall count towards the 24 occasions referred to in condition 2.1 above.
2.4 The volume control of any amplification equipment being used on the licensed premises shall be kept under the direct control of the DPS/Manager, or another responsible individual nominated by the DPS, on all occasions. At the direct request of an authorised officer of the Local Authority or Suffolk Constabulary the volume shall be turned down.
2.5 Staff on duty shall ensure that patrons are requested to leave the premises and vicinity quietly and with consideration to the needs of neighbouring properties - both residential and business. A logbook shall be legibly maintained on the licensed premises to record any incidents or complaints of nuisance or anti-social behaviour caused by attendees at the licensed premises. The logbook shall be made available for inspection upon request to an authorised officer of the Licensing Authority or Police.
2.6 All doors and windows shall be kept closed, save for access or egress, during any events or licensed activities at the premises with an elevated risk of noise breakout - whether by the nature of the event or the attendees present. For clarity, this shall include all events where live music is taking place inside, or recorded music is being played at above background levels.
2.7 Smokers shall be directed to the patio area.
2.8 Signage shall be placed near all exits, and in the patio area, requesting that patrons respect neighbours by keeping noise to a minimum.
2.9 The Premises Licence Holder/DPS/Manager shall survey noise breakout from the premises whilst regulated entertainment is being provided. Where the noise or vibration level is such that it is likely to cause disturbance to residential properties, he/she shall decrease the volume level accordingly without delay. Where excessive noise is detected, details of the checks, including times and actions taken, are to be logged and kept on the premises for a minimum of 2 (two) years.
2.10 The display of fireworks and use of Chinese lanterns as part of licensable events or activities shall be prohibited.
2.11 There shall be no adult entertainment or services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children.
2.12 The Premises Licence Holder shall ensure that customers are monitored by staff to look for indications of disorderly behaviour, excessive consumption of alcohol or anti-social behaviour. Where individuals are found to be causing a nuisance or disorder they shall be asked to leave the premises. In more serious cases the Police should be promptly called to any incident.
2.13 Staff shall receive suitable and sufficient training including how to deal with difficult customers, refusals of alcohol sales, underage checks and key licensing offences.
2.14 The Premises Licence Holder shall ensure that a ‘Challenge 25’ proof of age scheme is adopted. The Premises Licence Holder shall operate a requirement for the production of a passport, driving licence or other bona fide form of identity carrying a photographic image, where the individual requesting the supply of alcohol appears to be under the age of 25.
2.15 The Premises Licence Holder shall ensure that at all times whilst the public are present there is at least on competent person able to administer first aid, and that an adequate and appropriate supply of first aid equipment and materials is available on the premises. Adequate records shall be maintained in relation to the supply of any first aid treatment.
2.16 The Premises Licence Holder shall ensure that use or possession of illegal drugs or prohibited substances in not permitted on the licensed premises.
2.17 The licensed premises shall not be used for any adult only type stag or hen parties.
2.18 The Premises Licence Holder shall conduct full risk assessments for all public licensable activities held at the licensed premises, so as to promote the public safety licensing objective. Records of such risk assessments shall be made available to an authorised officer of a Responsible Authority upon request.
2.19 Customers shall not be permitted to take bottles or glassware beyond the perimeter of the licensed premises.
2.20 The Premises Licence Holder shall ensure that suitable and sufficient arrangements are made to protect children from harm whilst they are on the licensed premises during licensable activities.
2.21 Children shall only be permitted on the licensed premises whilst they are accompanied by a responsible adult.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
None applicable to premises licence BPL0382-010601