ANNEX 1 - MANDATORY CONDITIONS
The following conditions in Annex 1 are mandatory under the provisions of the Licensing Act 2003:
1.1 No supply of alcohol may be made under the premises licence:
(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 (a) 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.
(b) 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.
(c) 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 -
(i) a holographic mark, or
(ii) an ultraviolet feature.
1.4 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]
1.5 The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
1.6 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: 1/2 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.
1.7 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.
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).
1.8 Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must
(a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or
(b) be entitled to carry out that activity by virtue of section 4 of that Act.
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 The premises shall operate as a restaurant and guest house to which the sale and supply of alcohol, and regulated music activities, shall be ancillary.
2.2 Late night refreshment shall only be provided to patrons already on the premises, and there shall be no provision of hot food or hot drink made after 23:00hrs (save for guests using the guest house) to any member of the public entering the premises solely for the purposes of obtaining food (e.g. late night take-away).
2.3 Use of external areas of the licensed premises shall cease by 23:00hrs on all occasions with the exception of use of the outside dining area for patrons wishing to smoke. For the avoidance of doubt, no drinking vessels shall be taken outside after 23:00hrs.
2.4 Customers shall be requested to use the main entrance door rather than the French doors when accessing the sun deck for smoking.
2.5 The premises licence holder shall ensure that relevant members of staff receive and complete suitable and sufficient training to include licensing law, offences in relation to prohibited sales and good practice in relation to promotion of the licensing objection, with written records retained of training undertaken and made available for inspection by the Police or an authorised officer of the Licensing Authority upon reasonable request. An appropriate training manual shall be operated and retained at the licensed premises. Refresher training shall be undertaken at least once every 12 months, with any new member of staff to be trained within six weeks of taking their position and prior to undertaking any direct duties. For the avoidance of doubt this training may be administered in-house/on-line in accordance with the relevant criteria.
2.6 There shall be no new patrons admitted, or patrons re-admitted, to the licensed premises after 23:00 hours on any occasion save for residential guests only, who shall be clearly identifiable by their room booking. All persons requesting re-entry to the venue under these circumstances shall be searched by door supervisors. A legible record shall be kept at the premises logging all authorised re-admissions. For the avoidance of doubt, patrons that are observing the smoke-free legislation in the designated smoking-areas for the licensed premises, and whilst they have been under the direct control and supervision of the door supervisors, may be re-admitted to the licensed premises.
2.7 The premises licence holder shall operate a zero tolerance approach to any illegal or unlawful activities or behaviour occurring or suspected at the licensed premises and the Police shall be promptly notified in respect of any such matters.
2.8 CCTV shall be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas and all areas where the sale/supply of alcohol occurs. Equipment must be maintained in good working order, be correctly time and date stamped, recordings must be kept in date order, numbered sequentially and kept for a period of 28 days and made available to police on demand. The premises licence holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a viewable format on disc or storage device to the police/local authority within 36 hours of a request. The recording equipment and discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational log report must be maintained endorsed by signature, indicating the system has been checked and is compliant on every day the premises is open to the public. In the event of any failings of the CCTV system, actions taken are to be recorded. In the event of technical failure of the CCTV equipment the premises licence holder/dps shall report the failure to the police and licensing authority immediately. It should be noted that any retention, use or disclosure of personal information captured on CCTV must be carried out in line with data protection principles which shall override any conflicting element of this condition.
2.9 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/complaints/visits by a responsible authority or emergency responder and any faults in the CCTV system. Such matters shall be timed, dated and signed by the author and produced to police or an authorised officer of the licensing authority on demand. In the case of refusals register, there shall be one at each bar area, or any other area utilised for the supply of alcohol.
2.10 Crime Prevention posters shall be prominently displayed and maintained on the licensed premises relating to any prevalent crime and disorder issues in the local area.
2.11 An ejection policy shall be implemented. By use of the 999 service or other non-emergency number, all instances of ejection of persons from the premises shall be notified to the police at the time of occurrence or as soon as possible thereafter. Where an offence of violence has been committed the door supervisors or premises management shall 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 shall be made on all occasions, to be timed, dated and signed by a member of staff.
2.12 On Fridays and Saturdays the toilet areas shall be checked at least once every hour whilst the premises are open for licensable activities. A ‘toilet-check’ log sheet shall be endorsed to this effect and made available to police or an authorised officer of the licensing authority immediately upon request. Staff shall be diligent to monitor toilet areas for signs of, and to prevent, drug taking. This may include treating surfaces to reduce their potential for drug use.
2.13 A dispersal policy shall be implemented. There shall be an appropriate wind-down, drinking up and dispersal period at the licensed premises between the last supply of alcohol and closure of the premises.
2.14 Policies and logs will be written for the premises relating to the following categories:
Emergency procedures
Fire safety/evacuation plan
Refusals/banning policy
Prohibited items policy
Dispersal policy
Door policy
ID checks policy
Search policy
Hiring vetting policy
Smoking area policy
Disorder and ejection policy
Alcohol & social responsibility policy
CCTV policy and procedure
Special events policy
Customer complaints policy
Incident report form
Capacity log
Refusals log
Banned log
CCTV log
Ladies toilet check log
Gents toilet check log
These policies and logs shall be maintained so as up-to-date, accurate, relevant and subject to annual review. A copy of each policy shall be submitted to and approved by the police and licensing authority prior to its implementation. Each policy shall be fully implemented and in operation within 6 (six) months of 1 January 2019.
2.15 Signage shall be clearly displayed prominently at the point of access, toilet areas and exits. Appropriate signage shall be displayed in relation to age policy, drug policy, search policy, CCTV policy and dispersal policy. A list of local licensed taxi/private hire operator numbers shall also be displayed at any point of exit/entrance.
2.16 The premises licence holder shall operate a 'driver's shelf’ selection of non-alcoholic beverages, and display signage to remind patrons to not drink and drive.
2.17 On Friday and Saturdays a minimum of two SIA registered door supervisors shall be employed at the premises. In such cases, door supervisors shall be employed between 21:00hrs and up until 30 minutes after the termination of licensable activities. All door supervisors shall be easily identifiable at all times by use of high visibility clothing/uniform/fluorescent band and badge. All door supervisors on commencing duty shall sign an attendance book with their SIA number and signature.
2.18 The premises licence holder shall ensure that there are, as a minimum, documented weekly checks of the premises and its perimeter in relation to ensuring the safety of the public from the waterway. This shall include checks of all fencing and external lighting. The premises licence holder shall take all reasonable steps to ensure that those persons attending the premises are alerted to the potential dangers and hazards due to the close proximity of the River Stour to the licensed premises.
2.19 The premises licence holder shall conduct and document suitable and sufficient public safety risk assessments which shall be regularly reviewed.
2.20 Adequate provision of first aid materials and trained personnel shall be on duty at the premises during licensable activities, and in accordance with the premises licence holders risk assessment.
2.21 All fixtures, fittings and equipment used in public areas of the licensed premises shall be regularly inspected and serviced where necessary in order to promote public safety. Copies of the inspection and service documents shall be served on the Licensing Authority within 14 days of an inspection or service being carried out.
2.22 The premises shall install and maintain a suitable and sufficient air conditioning system, and double-glazing, so as to promote the prevention of public nuisance licensing objective.
2.23 The premises licence holder shall ensure that the premises management monitor noise at the premises during licensable activities, both inside and outside the premises, so that noise levels are kept to a minimum.
2.24 Notices shall be prominently displayed and maintained on the licensed premises at all exit points and in the outside dining area requiring patrons to leave the premises and area in a quiet and orderly manner, and to respect the needs of neighbouring properties by keeping noise to a minimum. Management and staff at the licensed premises shall ensure that patrons using external areas and leaving are advised of the same.
2.25 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.
2.26 The volume control of any music being played/performed 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.
2.27 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 indoors.
2.28 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.
2.29 Performances of regulated live music shall be limited to not more than 2 (two) occasions per week. All such performances shall be unamplified and have a maximum total duration of 2 (two) hours (not including breaks between sets). 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. All such performances shall take place inside the building.
2.30 There shall be no amplified music on the ‘sun deck’ area of the licensed premises.
2.31 Any waste or litter, including smoking related litter, at the perimeter of the licensed premises shall be cleared at least once every Twenty-Four (24) hours. Adequate smoking related litterbins shall be provided in smoking area to the rear of the premises and these shall be emptied on a daily basis.
2.32 Any activities such as the taking out of refuse, including glass bottles, shall not be carried out between 22:00 hours and 07:00 hours on any given day.
2.33 Adequate illumination shall be provided to external areas of the licensed premises during the hours of darkness, to promote the prevention of crime and disorder and public safety. All reasonable precautions shall be taken to ensure that the specification and positioning of lighting does cause a nuisance to neighbouring properties.
2.34 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.
2.35 Children under the age of 16 shall not be permitted on the licensed premises unless accompanied by an adult.
2.36 The premises licence holder shall adopt a ‘Challenge 21’ proof of age scheme. 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 21 (twenty-one).