Annex 1- Mandatory Conditions
1. Alcohol shall not be sold or supplied:
(a) At any time when there is no designated premises supervisor (DPS) in respect of the premises licence, or
(b) At any time when the designated premises supervisor (DPS) does not hold a personal licence or his/her personal licence is suspended.
2. Every sale or supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
3. The admission of children to the exhibition of any film shall be restricted in accordance with the film classification awarded by the British Board of Film Classification (BBFC), or any successor person or persons designated as the authority under section 4 of the Video Recordings Act 1984.
4. 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.
5. 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).
6. The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
7. (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.
8. 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.
9. 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
General
1. The exemptions under section 177 and Schedule 1 of the Licensing Act 2003 for live or recorded music shall not apply in relation to this licensed premises.
2. 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 or an authorised officer of the licensing authority on demand. For the avoidance of doubt this training may be administered in-house/on-line in accordance with the relevant criteria. Training shall be reviewed six-monthly to ensure that staff are up to date with the latest legislation. All current staff shall be trained to the above standard within six months.
3. On not more than 10 (Ten) occasions per calendar annum, and in the function room only, the licensable activity of sale of alcohol may be increased from 23:00 hours to 24:00 hours. On all other occasions the terminal hour shall be 23:00 hours. On such occasions where the additional hour is used, the premises licence holder or designated premises supervisor shall inform the police no later than 7 (Seven) working days in advance of the event. A detailed log book shall be kept of these occasions signed by the designated premises supervisor or manager and produced to the police or an authorised officer of the licensing authority immediately upon request.
4. All regulated entertainment in the lounge bar marked on the plans of the licensed premises shall be limited to no more than 4 events per calendar month. This shall apply to either a Friday or Saturday night only with a terminal hour of 23:30 hours, the exception to this shall be on New Year’s Eve when the terminal hour of 24:00 hours will apply. For avoidance of doubt an event shall last for a maximum period of one day; and where an event is held on a Friday, Saturday or New Year’s Eve there shall be no event held on the next day.
5. The licensable activities of live or recorded music which occur in the front bar area as marked in the attached plan in Annex 4 shall be restricted to unamplified music only.
6. All regulated entertainment in the front bar marked on the plans of the licensed premises shall be of unamplified sound only and be limited to no more than 1 event per calendar month. There shall be a minimum period of 14 days between these events taking place. For avoidance of doubt an event shall last for a maximum period of one day and the 14 day minimum period between events shall run consecutively, continuing into the next calendar month where there is less than 14 days remaining between the event and the end of the month the event was held in.
The prevention of crime and disorder
7. 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.
8. A minimum of 2 (Two) SIA registered door supervisors shall be employed at the premises on Fridays, Saturdays and New Year’s Eve when music events are taking place. At least 1 (One) of these supervisors shall be female. The exceptions to this shall be when the function room opens for in excess of 100 persons, in which case a minimum of 3 (Three) SIA registered door supervisors shall be used. Weddings and the once a month Jazz band shall be appropriately risk assessed to determine whether door supervisors are required. Door supervisors shall be employed from 20:30hrs up until 30 minutes after the termination of licensable activities. For the duration of all occasions when door supervision is required, a door supervisor shall monitor and manage the entrance/exit from the bar to the smoking area at the rear of the premises. All door supervisors shall be easily identifiable by means of high visibility clothing/uniform/fluorescent band and badge. All door supervisors upon commencing duty shall sign an attendance book with their SIA number and signature. The attendance book shall be made available to the police or an authorised officer of the licensing authority immediately upon request.
9. Within a six week period of this licence taking effect (6 August 2014) a door supervisor policy, which must include managing all outside areas of the premises, but not limited to the full length of the access road to the rear of the premises, the front cartilage of the premises, the rear gardens, car park and smoking area of the premises, shall be prepared by the premises licence holder in consultation with Suffolk Constabulary and the Licensing Authority of Mid Suffolk District Council. The door supervisor policy shall thereafter be applied at all times. The policy shall be kept at the premises at all times and provided to an authorised officer of the Licensing Authority or the Police immediately upon request.
10. 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.
11. 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 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.
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.
13. There shall be no new patrons admitted, or patrons re-admitted, to the licensed premises after 23:30 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.
14. On any Friday or Saturday from 20:30 hours the search policy shall be implemented, where the premises are to open to the public beyond midnight. A minimum ratio of one in ten customers shall be randomly searched upon entry to the licensed premises. All persons suspected of possessing prohibited articles shall be searched upon entry. Clear signage shall be prominently displayed advising customers that they may be searched as a condition of entry. A table shall be made available in the foyer area to conduct searches of larger items such as bags. Any prohibited articles shall be securely stored in an area the public do not have access to. Police shall be notified within 36 hours of any prohibited articles for collection. If the premises host a special event then the nature of the event shall be individually risk assessed to determine whether the search policy shall be implemented for those patrons of the special event. The risk assessment shall be in a written format and made available to an authorised officer of the police or officer of the licensing authority on demand. Such special events shall be specified in the premises ‘special event policy’.
15. 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.
16. 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 6 August 2014.
17. 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.
18. There shall be no consumption of alcohol in external areas of the premises, including the beer garden or smoking-shelter, after 23:00 hours on any occasion. It shall be the responsibility of the designated premises supervisor (DPS) to ensure that all staff are clearly instructed not to allow any drinking vessels to be taken out into the street. Empty drinking vessels shall be regularly collected so as to ensure that there is no accumulation in areas to which the public have access.
19. Polycarbonate/plastic containers shall be used from 20:00 hours every day that the premises are open for the supply of alcohol. In the event that the suppliers cannot provide polycarbonate/plastic bottles, then all glass-bottled drinks shall be decanted/dispensed and served in polycarbonate/plastic containers. All glass bottles accumulated behind the bar(s) shall be disposed of on the premises. If the premises host a special event then use of glass at the event shall be individually risk assessed, and polycarbonate/plastic containers used where identified as appropriate by the risk assessment. The risk assessment shall be in a written format and made available to an authorised officer of the police or officer of the licensing authority on demand. Such special events shall be specified in the premises ‘special event policy’.
20. All instances of drunkenness, disorder, drug use or violence shall be challenged, resulting in the ejection or retention of the individual(s), where permissible, and under serious circumstances consideration shall be given to their permanent exclusion from the premises in future.
21. No customers shall be permitted to use the front of the licensed premises for smoking including those patrons who use the bar at the front of the premises.
22. No patrons other than bona fide guests attending an authorised function shall be permitted to use the function room. At all times door supervisors and staff shall suitably and sufficiently monitor and manage the function room.
23. The premises licence holder shall ensure that staff on duty suitably and sufficiently supervise and monitor customers present on the licensed premises during licensable activities. Staff on duty shall assist with a managed departure of patrons at closing time, encouraging an orderly dispersal and alerting patrons of the need to respect neighbouring properties.
24. 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.
Public Safety
25. 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.
26. The premises licence holder shall risk assess events and trading periods involving licensable activities at the premises so as to ensure that adequate numbers of staff are on duty.
27. 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.
The prevention of public nuisance
28. The premises licence holder/DPS shall, each hour, survey noise breakout from the premises whilst regulated entertainment is being provided. Where the noise or vibration level as such that it is likely to cause disturbance to residential properties, he/she shall decrease the volume level accordingly. Details of the checks, including times and actions taken, are to be logged and kept on the premises for a minimum of 2 years. For clarity, the attention of the premises licence holder/DPS is drawn to the provisions of the noise act 1996 which sets limit of 34 DBA if the underlying level of noise is no more than 24 DBA, or 10 DBA above the underlying level of noise where this exceeds 24 DBA.
29. 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 police, the volume level shall be decreased immediately.
30. The premises licence holder/DPS shall ensure that all external doors, internal doors of any lobbies and windows are kept closed to reduce noise breakout from the premises, save for ingress and egress from the premises. All such doors shall be fitted with self-closing devices.
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.
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.
33. Any cooler, condenser or ventilation/extraction systems used at the premises shall be positioned, sound attenuated and operated so as to minimise any risk of public nuisance being caused to neighbouring properties.
34. 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.
35. The capacity of persons on the licensed premises shall be recorded by ticket/admission sale records, clicker, or other such counting device - the results of which shall be made available to an authorised officer of the licensing authority or police on request and shall be retained for a minimum period of 60 (Sixty) days.
36. Notices shall be prominently displayed and maintained at exit points from the licensed premises alerting patrons of the need to leave the premises and the area quietly and to avoid disturbance to neighbouring properties.
The protection of children from Harm
37. The premises licence holder shall operate a ‘Challenge 25’ proof of age scheme at the licensed premises. Bar staff and, where used, door staff shall request production of a proof of age photographic identity document where the individual seeking admission to the venue, or requesting sale of alcohol by retail appears to be under the age of 25 years. For these purposes acceptable forms of identity shall be a passport, driving licence or pass/similar accredited photo-identity card.
38. The premises licence holder shall ensure that suitable and sufficient training is undertaken by all members of staff in relation to the ‘Challenge 25’ policy and that refresher training is undertaken at least once every six months. Appropriate records of such training, including date, time and persons involved, shall be kept and made available to the police and/or local authority upon reasonable request.
39. Children shall not be permitted on the licensed premises after 21:00 hours on any occasion, unless they are accompanied by a person aged 18 years or over.
40. Children shall not be permitted in the bar area of the licensed premises unless accompanied by a person aged 18 years or over, and unless they are passing through the bar area to attend toilet facilities or the beer garden.
41. Other than up to 10 (Ten) occasions per calendar annum, for adult entertainment activities involving striptease, nudity or adult comedy, 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. For the duration of any adult-themed activities there shall be no person under the age of 18 permitted on the licensed premises. Such events shall be clearly advertised in advance that under 18’s are prohibited and ‘Challenge 25’ checks shall be undertaken.