other helpful papers (papers which the report author … · 2014-06-11 · tesco (minor variation)...

10 COMMITTEE: LICENSING & REGULATORY REF NO: LR/14/02

DATE: 19 JUNE 2014

SUBJECT: THE LICENSING ACT 2003: APPLICATIONS ETC –

UPDATE REPORT

REPORT BY: COMMUNITY PROTECTION - OPERATIONS MANAGER

HEAD OF SERVICE: MATTHEW LING

Short description of report content and the decision requested:

The report is for information and deals with the following:

• A summary of applications under the Licensing Act 2003 since the last meeting of the Committee;

This report has been prepared by Simone Woodrum, Senior Licensing & Systems Officer Tel: 01473 433047 – Email:[email protected]

This report was prepared after consultation with: The following policies form a context to this report: Building a Better Ipswich

This report is not a key decision included in the Forward Plan

LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW (papers relied on to write the report but which are not published and do not contain

exempt information –

1 The applications referred to at Section 1 of the report.

OTHER HELPFUL PAPERS

(papers which the report author considers might be helpful – this might include published material)

1. SUMMARY OF APPLICATIONS RECEIVED

1.1 The following is a summary of the outcome of Licensing & Regulatory Sub-Committee hearings and applications mediated or determined under delegated authority, since the last meeting of the Committee:

1.2 Applications determined

Premises Address Hearing/

Mediated

Date of

Hearing

Outcome

Cost Price (New) 42 Foxhall Road,

Ipswich

Hearing 27/11/13 Granted as requested

with additional

conditions to be

imposed

Bear's Boutique

Bowling Bar & Grill,

(New)

Units 1 To 3, Star

Lane, Ipswich

Mediated N/A Granted with

conditions

Allen Gardiner, Berth

(New)

Ipswich Haven

Marina, New Cut

East, Ipswich

N/A N/A Granted as requested

Tesco (Minor

variation)

389 Foxhall Road,

Ipswich


Sin (Variation) 2 Coachmans

Court, Old Cattle

Market, Ipswich

Hearing 23/12/13 Approved, as

amended, with

additional conditions

imposed

Alexander European

Food Shop (New)

44 Norwich Road,

Ipswich


conditions

Greek Wines Online

(New)

Pearl House, 2nd

Floor, 13 St.

Matthews Street,

Ipswich


conditions

Savers (Minor

Variation)

29-33 Upper Brook

Street, Ipswich


Uni Convenience

Store (New)

56 Duke Street,

Ipswich


IKI Grocery Shop

(New)

27 Franciscan

Way, Ipswich


conditions

Enjoy (New) 38 Lloyds Avenue,

Ipswich


conditions

New York Exchange

Bar (Variation)

24-26 Falcon

Street, Ipswich

Hearing 24/01/14 Approved, as

amended, with

additional condition

imposed

Three Penny

Convenience Store

(New)

1 Bridge Street,

Ipswich

Hearing 30/01/14 Granted, as amended,

with Suffolk

Constabulary

The Purple Bar

(Variation)

22 Falcon Street,

Ipswich

Hearing 05/02/14 Refused in its entirety

Cost Price (New) 33-35 Compair

Crescent, Ipswich

Hearing 20/02/14 Refused in its entirety

Isaacs (Review) 7 Wherry Quay,

Ipswich

Hearing 20/02/14 Premises Licence

amended to include

further stringent

conditions

Tacket Street

Convenience Store

(New)

20 Tacket Street,

Ipswich


conditions

Site 26 (New) Site 26, Tacket

Street, Ipswich


The County

(Variation)

29 St Helens

Street, Ipswich


conditions

Athens Grill (New) 60 Upper Orwell

Street, Ipswich


conditions

LPR Supermarket

(New)

Unit C, The

Factory, Star Lane,

Ipswich


World Food Store

(New)

20 St Helens

Street, Ipswich

N/A N/A Application

WITHDRAWN

Snax 24 Service

Station (Variation)

333-347 Spring

Road, Ipswich


conditions

Iceland (New) 34 Tower

Ramparts Centre,

11 Tavern Street,

Ipswich


conditions

Shell Whitehouse

(New)

665 Norwich Road,

Ipswich


conditions

Shell Ranelagh

(New)

London Road,

Ipswich


conditions

Super Kebab House

(New)

17 St Matthews

Street, Ipswich


(New) 11 Duke Street Mediated N/A Granted with

conditions

Snax 24, Belstead

Service Station

(Variation)

Ellenbrook Road,

Ipswich

Hearing 04/06/14 Granted as requested

with an existing

embedded condition to

be retained

TD Polski Smak

(New)

185 Felixstowe

Road, Ipswich


conditions

1.3 Current Applications

Out of consultation

Sailing Barge Victor

(New)

Old Customs

House, Quayside

Hearing 19/06/14 To be determined

Cost Price (New) 33-35 Compair

Crescent, Ipswich

Hearing 23/06/14 To be determined

In consultation

1.3.1 Happy Shopper, 236-238 Bramford Lane, Ipswich, Suffolk, IP1 4EP (New)

Convenience store with alcohol sales:

08.00-23.00 Monday-Saturday

08.00-22.30 Sunday

Consultation expires: 4th July 2014

2. Policy Context

2.1 The delivery of a licensing service and associated enforcement functions contribute to the Council’s vision by making the town a safe environment for people to enjoy their leisure time.

3. Performance Monitoring

3.1 Not applicable.

4. Risk Management

4.1 Not applicable.

5. Environmental Impact Assessment

5.1 Not applicable.

6. Equalities and Diversity Implications

6.1 Not applicable.

7. Financial Considerations

7.1 There are no financial considerations associated with this report.

8. Recommendations:-

8.1 That the report be noted.

APPLICATIONS THAT WENT TO HEARING

NOTICE OF DETERMINATION

Date of Hearing: 27 November 2013

Hearing Type: Application for a Premises Licence

Name of Applicant: Mr. Akam Abdullah

Name of Responsible Authorities:

Suffolk Constabulary, Public Health Suffolk

(The representations were withdrawn on 4 November 2013 from both Responsible Authorities

after mediation with the Applicant)

Name of Other Persons:

Mr. Patrick Carey, Mr. Robert Smy, Councillor Stewart, Councillor Harsant

Name of Premises: Cost Price

Postal Address of Premises: 42 Foxhall Road, Ipswich, Suffolk, IP3 8HL

The Sub-Committee members – Councillor Rudkin (Chair), Councillor Fern and Councillor

Studd

Determination – The Sub-Committee’s decision and reasons

The Sub-Committee has considered the application for a Premises Licence and the relevant

representations made in response to the application by the Responsible Authorities and

Other Persons.

In reaching its decision, the Sub-Committee has also considered the need to promote the 4

licensing objectives: the prevention of crime and disorder, the prevention of public nuisance

and public safety under the Licensing Act 2003, the central government guidance issued

under section 182 of the Licensing Act 2003 and Ipswich Borough Council’s Statement of

Licensing Policy.

The Application

The Applicant’s representative, Mr. Byatt advised the Licensing Sub-Committee that the

Premises was for a grocery store, and although it was referred to in the representations as

an off licence it was not. He advised that it was a very small store, and half the size of the

Orwell Room. Mr Byatt explained that the alcohol sales were less than the food sales.

Therefore, to say alcohol was its primary use was not correct. Mr Byatt also confirmed that

the Applicant, Mr. Abdullah had carried out a risk assessment.

Mr Byatt advised that Suffolk Constabulary’s objection had been withdrawn after mediation.

Mr. Abdullah had volunteered not to sell beers and ciders with an alcohol volume of 6.5% or

above.

Mr Byatt advised the Licensing Sub-Committee that the Applicant had spent a lot of time

and money refurbishing the shop. Mr Byatt explained that the Applicant’s shop would not

act as competition to the other three shops in Foxhall Road, however, it would provide

another facility in the area. Mr Byatt explained that he, and the Applicant had read the

representations, and although they generally understood the concerns regarding the sale of

alcohol, and the negative focus this could have on the local community, there was no

evidence to suggest that granting the licence will adversely impact on crime disorder and

public nuisance. Mr Byatt advised the Sub-Committee that he felt sure that the Police would

have identified any problems, and a more robust representation would have been submitted

if there had been concerns.

Mr Byatt summarised the Applicant’s case and asked the Licensing Sub-Committee to grant

the Premises Licence as applied for by the Applicant.

Summary of representations made by Other Persons

Other Persons made written representations objecting to this Application on the grounds

that there were other long established businesses selling alcohol in the vicinity of Foxhall

Road. Concerns were raised that a third business selling alcohol in close proximity on Foxhall

Road would result in an increase in the excessive consumption of alcohol, and problems for

the residents in the area including anti-social behaviour. A representation was made

suggesting restricted hours for the sale of alcohol instead of the proposed hours. Relevant

representations were made about the late night alcohol sales, and the impact of increased

noise on the local residents both late at night, and in the early hours of the morning.

Other written representations objecting to this Application raised concerns relating to the

effect of the grant of the Premises Licence on the promotion of the four licensing objectives

stating that the location of the shop is on a route out of town where there have been a

number of incidents of anti-social behaviour relating to the night time economy.

None of the Other Persons who made written representations attended the Licensing Sub-

Committee hearing.

The Licensing Sub-Committee’s decision

The Licensing Sub-Committee after considering all the representations made determined to

grant the Premises Licence as applied for.

The Licensing Sub-Committee took into consideration that in view of the situation of a

grocery store applying for a licence to sell alcohol, and that all the representations from the

Police and Public Health has been mediated.

The Licensing Sub-Committee determined that it was appropriate to licence the Premises

for:

• sale/supply of alcohol (on the Premises);

Monday to Sunday 07:00 to 23:00 (as applied for)

The Licensing Sub-Committee agreed the condition offered by the Applicant to be added to

the Operating Schedule, as amended after mediation with the Responsible Authorities, as a

condition on the Premises Licence to promote the 4 licensing objectives:

“ not to sell super strength lagers, beers or ciders with an alcohol volume of 6.5%

or above”

The Sub-Committee hopes that the Premises are run responsibly. All parties are reminded

that, if there are any problems emanating from the licensing of the Premises, the

Responsible Authority and Other Persons can apply to the Licensing Authority for the

Premises Licence to be reviewed.

Right of a Party to appeal against the determination of the Authority

For your information, applicants and any party who made a relevant representation, or submitted an objection notice, who is aggrieved by the decision, or the imposition of any term, condition or restriction, have a right of appeal to the Magistrates' Court within 21 days of the date on which they are notified of the decision.

Notification Date: 3 December 2013


Date of Hearing: 23 December 2013

Hearing Type: Application to vary Premises Licence

Name of Applicant: Shwan Hawrami

Name of Premises: Sin

Postal Address of Premises: 2 Coachmans Court, Old Cattle Market, Ipswich,

IP4 1DX


Suffolk Constabulary (representation withdrawn after mediation)

Environmental Protection (representation withdrawn after mediation)


Mrs Jean Everson

Mrs Smith (representation withdrawn after mediation)

Members of the Sub-Committee: Councillor Kirby (Chair) , Councillor Lockington ,

Councillor Young


The Sub-Committee considered the application to vary the Premises Licence and the

representation made in response to the application by an Other Person (Mrs Jean Everson)

The representations made by Suffolk Constabulary, Ipswich Borough Council's Environmental

Protection and Mrs Smith were withdrawn before the hearing, following mediation.

The Applicant, Mr Shwan Hawrami, represented by Ms Tanya Boyd, the Designated Premises

Supervisor (DPS) and assisted by Mr Saad Abbas submitted that the Premises Licence was

reviewed on the application of the Police a year ago following which Ms Boyd became the

DPS. Ms Boyd stated that she has 14 years experience of working in licensed premises in

various positions and that the management of the Sin has improved considerably since she

became the DPS. She reported that within the first six months of her becoming the DPS the

premises achieved Best Bar None status and that Sin is the only premises in Suffolk operating

a Designated Driver Scheme whereby designated drivers are provided free soft drinks

throughout the night. She stated that a training scheme has been put in place which new

employees undertake within 3 months of employment and that crime and disorder statistics

has fallen by 70%. She confirmed that the application has been amended following

mediation between the Premises Licence Holder, the Police and Ipswich Borough Council's

Environmental Protection who have now withdrawn their objections.

Regarding Mrs Everson's objection, Ms Boyd explained that the Premises currently closes at

2.00 hours which is earlier than other licensed premises in the area and that the operating

hours have never been extended. She stated that after closure the door staff make sure that

the front of the Premises is clear before they leave and that there is no proof that the people

causing anti social behaviour are from Sin as there are several other premises in the area and

nearer to Mrs Everson's home.

Finally, Ms Boyd stated that there has been a lot of improvement at Sin which has resulted in

positive feedback from the Police and that she also provides help to other licensed premises

in the area. She submitted that the Premises is well managed; the conditions of the Licence

are complied with; there is a drop in crime and disorder statistics and the Premises is held

out as an example of a well managed premises. She stated that Temporary Events have been

held at the same times as those proposed without any problems and that extending the

times will only bring Sin in line with other licensed premises in the area.

Mrs Everson was represented by Councillor Bryony Rudkin, Suffolk County Councillor for the

area and also a Bridge Ward Borough Councillor. In her statement to the Sub-Committee

Mrs Everson stated that many people live on Silent Street both in the sheltered housing and

in the independent living home for disabled persons. She explained that she regularly

watched as their lights went on in the early hours in response to the many incidents of anti-

social behaviour occurring outside their homes. When she telephoned the police she was

told that she was the only one making a report which led her to believe that others were in

their homes in fear as she was but unable to complain. She explained that four nights out of

seven the residents live in a “war zone” effectively. The street is usually full of drunken

people who have come out of licensed premises in the area. They shout, swear and fight as

they come down the road in mobs spread across the road, football chanting as the top of

their voices. Anything found in the street is used by them as a weapon to throw at the

homes, sometimes breaking windows. Bin bags are kicked until they burst and the rubbish

spread over the road; they urinate on the walls and through the railings close to residents

windows; they beat on and try to kick in the doors of residents who are frequently woken up

from sleep. Mrs Everson stated that she lives in fear that her door will give way one day, as

had happened to her neighbour whose door was kicked in by these 'night club goers' and his

property ransacked and burgled. She narrated an incident that occurred one Friday night at

about 12:00 hours as she was returning home from work in a taxi when crowds of young

drunk people outside Sin spread across the road became verbally abusive and pressed

around the taxi hitting and kicking it as the vehicle crawled past them. Mrs Everson

explained that this was a very terrifying experience and that Mr Barnes (her witness) has also

had similar experiences. Finally, she stated that recently some building materials were left

outside her home and that this caused a near riot outside her home in the early hours of the

morning as the 'night club goers' kicked over the barrier and threw the building materials at

her house and at each other. She stated that it took three phone calls and two and a half

hours for the police to come to her aid.

In addition, in her representation to the Sub-Committee Councillor Rudkin stated that many

of the residents on Silent Street are vulnerable and many may find it difficult to make a

complaint and may not feel empowered to contact the police and therefore the fact that

there had been no complaint did not mean that people were not suffering from the effects

of the activities from licensed premises in the area. She submitted that a wider discussion

was needed with regards to the Night Time Economy. She stated that although she

understood the confidentiality of commercially sensitive information, discussions would

need to be had regarding what the town needs and the costs of maintaining the Night Time

Economy and that the Council can not keep granting extension of opening hours to licensed

premises until dawn.

Councillor Rudkin called two witnesses who testified in support of Mrs Everson's case. The

first witness, Reverend Canon Paul Daltry, gave evidence in his capacity as the Chair of the

Ipswich Town Pastors. He advised that volunteer Town Pastors are usually on duty every

Friday and Saturday night and that their role involves interacting with people on the street

preventing violence and protecting vulnerable females. He confirmed Mrs Everson's

statement as being the exact picture of Silent Street which has acquired the unfortunate

nickname “Urine Alley”. He stated that people come out of the bars and then go on to Silent

Street to urinate and that he had often thought that the last place he would want to live is

Silent Street. There is a lot of movement in that area and people often move in small groups

making a lot of noise. He advised that there was a death this time last year and that his deep

concern was that as the opening times are stretched there may be more consequences as his

volunteers were not available after 4am. He noted that now the taxi rank has been moved

there are fewer people hanging around the Sin area. He acknowledged the improvement in

management made at Sin but said that to live on Silent Street would be an awful thing. The

second witness, Mr Richard Barnes, friend to Mrs Everson explained that on countless

occasions Mrs Everson had called him to go round and that when he had arrived at 02:00

hours he observed what he described as 'mayhem' around the front door of Sin. He would

park his car at the top of Silent Street and check to ensure that Mrs Everson was alright. Mr

Barnes reported that when driving through Silent Street, often people would whack the car

with their handbags or items in their hands and give him verbal abuse. He described the

area as 'war zone' and advised that this extended up to the area in front of the Sin Bar. He

stated that on one occasion he had spoken to the door staff at Sin and asked if the door

could be shut but was met with the response “I have to let them in”.

Mr Simon Kellett, a member of Ipswich Borough Council's Licensing Team addressed the

Sub-Committee to provide some clarifications on issues raised by Mrs Everson relating to

public consultation and publication of the application.

In reaching its decision, the sub-committee considered the need to promote the 4 licensing

objectives under the Licensing Act 2003, the Home Office Guidance issued under section 182

of the Licensing Act 2003 and Ipswich Borough Council’s Statement of Licensing Policy.

The Sub-Committee determined as follows:

“Taking into account the Licensing Objectives relating to prevention of crime and disorder,

public safety and prevention of public nuisance, we have decided to grant the application as

amended as we have heard no clear evidence linking Sin to the anti social behaviour that can

occur in the vicinity of its premises. However, we believe the Licensing Committee and

officers should liaise with the appropriate authorities and organisations to determine how

these problems can be resolved in future.”

The Sub-Committee granted the application to vary the Premises Licence as amended in

mediation. The Sub-Committee was of the view that the management of the Premises has

improved considerably since the appointment of the new Designated Premises Supervisor.


For your information, applicants and any party who made a relevant representation, or submitted an objection notice, who is aggrieved by the decision, or the imposition

of any term, condition or restriction, have a right of appeal to the Magistrates' Court within 21 days of the date on which they are notified of the decision.

Notification Date: 2 January 2014


Date of Hearing: 5 February 2014


Name of Applicant: Ms Hannah Layne (Premises Licence Holder and Designated

Premises Supervisor)

Name of Premises: The Purple Bar

Postal Address of Premises: 22 Falcon Street, Ipswich, IP1 1SL

Name of Responsible

Authorities: Suffolk Constabulary (representation withdrawn on 28 January

2014 after mediation)

Environmental Protection, Ipswich Borough Council

Name of Other Person: Mrs W. Smith

Councillors on the Sub-Committee:

Councillor R. Kirby (Chair), Councillor I. Lockington and Councillor B. Studd


The Sub-Committee considered this application to vary the Premises Licence and the

relevant representations made in response to the application by the Responsible

Authority and an Other Person. The Sub-Committee considered the proposed

conditions which had been agreed with Suffolk Constabulary and subsequently

offered as conditions to be put on the Premises Licence by the Applicant.

In reaching its decision, the Sub-Committee has also considered the need to promote

the licensing objectives under the Licensing Act 2003, the central government

guidance issued under section 182 of the Licensing Act 2003 and Ipswich Borough

Council’s Statement of Licensing Policy.

Decision

The Sub-Committee decided to refuse the application to vary the Premises Licence

in its entirety.

Reasons

The Sub-Committee decided that it was appropriate and proportionate to refuse the

application to promote the prevention of public nuisance licensing objective under

the Licensing Act 2003.

The Sub-Committee was not satisfied by the Applicant’s Operating Schedule, nor the

Applicant’s submissions to the Sub-Committee, that if the application to vary was

granted the operation of the Premises would not add to the cumulative impact

already being experienced in and around Falcon Street in Ipswich.

Since January 2014, Ipswich Borough Council has had a Special Policy on

Cumulative Impact within its Statement of Licensing Policy. The Special Policy

creates a rebuttable presumption that applications for variations to Premises Licences

which are likely to add to the existing cumulative impact in an area will normally be

refused unless the Applicant can demonstrate via their Operating Schedule why the

operation of their premises will not add to the cumulative impact already being

experienced.

Mr Cheong of Ipswich Borough Council’s Environmental Protection team advised

the Sub-Committee that the operations at the Premises are currently subject to a

Noise Abatement Notice. In Mr Cheong’s professional opinion, the property is

currently structurally unsuitable for loud amplified music.

The Sub-Committee had particular concerns as to the potential impact on Mrs Smith,

a resident of ** Street, if the application to vary was granted. Mrs Smith’s property

shares a party wall with the Premises. Mrs Smith has complained to the

Environmental Protection team in the past about what she has believed to be noise

nuisance emanating from the Premises. The Sub-Committee recognised that the

Applicant has attempted to ameliorate Mrs Smith’s situation by checking acceptable

noise levels with Mrs Smith before she has had reason to complain, by reducing the

volume music has been played at when Mrs Smith has complained and by giving

Mrs Smith notice of forthcoming events so that she is aware of what will be

happening at the premises and when.

The Sub-Committee found that the Premises do not lend themselves to operating as a

public bar into the early hours of the morning. The Sub-Committee was concerned

that, in the absence of any effective structural noise mitigation measures being in

place at the Premises, the granting of the application to vary could result in Mrs

Smith being exposed to noise nuisance for prolonged periods.



Notification Date: 10 February 2014



Hearing Type: Application for a Premises Licence

Name of Applicant: Mr Ahmed Kakl


Suffolk Constabulary (representation withdrawn on 9 January 2014 after mediation with Applicant)


M Jensen, D Edwards, O Durmaz, M Dzaman, M Potter, P Jeffs, J Engstrom, L Errington

N Reeves, A & J Cruickshanks, M Able, A Dennitt, L Green, Mr. Foot, Anon

Name of Premises: Cost Price

Postal Address of Premises: 33-35 Compair Crescent, Ipswich, IP2 0EH

The Sub-Committee members – Councillor Studd (Chair), Councillor Lockington and

Councillor Young


The Sub-Committee considered the application for a Premises Licence and the

relevant representations made in response to the application.

In reaching its decision, the Sub-Committee also considered the need to promote the

4 licensing objectives under the Licensing Act 2003, the central government guidance

issued under section 182 of the Licensing Act 2003 and Ipswich Borough Council’s

Statement of Licensing Policy (including its Special Policy on Cumulative Impact).

Decision

The Sub-Committee decided to refuse the application for the grant of a Premises

Licence in its entirety.

Reasons

The Sub-Committee decided that it was appropriate and proportionate to refuse the

application to promote the licensing objectives under the Licensing Act 2003.

The Sub-Committee was not satisfied by the Applicant’s Operating Schedule, nor the

Applicant’s submissions to the Sub-Committee, that if the application was granted

the operation of the Premises would not add to the cumulative impact already being

experienced in and around Compair Crescent in Ipswich.

Since January 2014, Ipswich Borough Council has had a Special Policy on

Cumulative Impact within its Statement of Licensing Policy. The Special Policy

creates a rebuttable presumption that applications for Premises Licences which are

likely to add to the existing cumulative impact in an area will normally be refused

unless the Applicant can demonstrate via their Operating Schedule why the

operation of their premises will not add to the cumulative impact already being

experienced.

In arriving at its decision the Sub-Committee was particularly concerned with the

protection of children from harm and the prevention of public nuisance. The Sub-

Committee found the evidence from the local residents on these matters particularly

persuasive. Some of the local residents reported that public nuisance (for example

littering, street drinking and public intoxication) is an existing problem in the area

and the Sub-Committee was satisfied that the operation of the premises risked

adding to the cumulative impact if the application for the new Premises Licence was

granted. The Premises are in close proximity to a children’s play area. The play area

is opposite the Premises. The Sub-Committee concluded that the presence of another

off licence in the area (especially one trading 07:00 to 23:00 every day of the week)

risked exacerbating existing nuisance and anti-social behaviour in and around

Compair Crescent and compromising the health and safety of children using the play

area.






Hearing Type: Review of Premises Licence

Name of Responsible Authorities: None

Applicant: Mr Robert Gough – Salthouse Harbour Hotel

Name of Premises Licence Holder: Mr Aidan Coughlan

Other Persons: Mr Denis Commergnat

Name of Premises: Isaacs

Postal Address of Premises: 7 Wherry Quay, Ipswich, Suffolk, IP4 1AS

Members of the Sub-Committee:

Councillor R Kirby (Chair) , Councillor B Studd, Councillor M Young


The Sub-Committee has considered the application for a review of the Premises Licence

from Mr Robert Gough of the Salthouse Harbour Hotel and the representation made by the

Premises Licence Holder in response. The representation from Mr Denis Commergnat

(another person) was also taken into account although he did not attend the hearing.

The Applicant was represented by Mr Richard Eaton of Birketts Solicitors. Mr Eaton advised

the Sub-Committee that this is not a punitive application and that the issue in question is the

promotion of the licensing objectives. He stated that the Waterfront’s occupancy is of a

mixed leisure based and residential area and that it is for the Licensing Authority to ensure

that it does not become a victim of its own success.

It is the Applicant’s case that the Premises Licence Holder has breached the conditions of his

licence in respect of Isaacs due to noise nuisance emanating from the Isaacs Premises and

that he has failed to take sufficient steps to promote the Prevention of Public Nuisance

licensing objective. Isaacs has become a very popular night time venue with up to 3,000

visitors on a Saturday. The indoor area is small and a substantial proportion of visitors are

accommodated in the outdoor area where much of the regulated entertainment is also

provided. There is inadequate control of the regulated entertainment provided outdoor

leading to unreasonable noise disturbance to the guests at the Salthouse Harbour Hotel

which results in complaints and loss of business to the hotel. Refunds and reduction of rates

have had to be given to hotel guests due to noise from amplified music emanating from

Isaacs. The Salthouse Harbour Hotel is the only 4-Star hotel in Ipswich, the damage to its

reputation and loss of business caused by the breach of the Isaacs Premises Licence is

unquantifiable in monetary terms. Mr Eaton advised the Sub-Committee that the Applicant

has considered it necessary to make this review application because all efforts made by him

and his team have failed to resolve the problem. Mr Easton took the Sub-Committee

through the witness statements of Robert Gough, the Applicant, and Diogo Abreu, General

Manager of the Salthouse Harbour Hotel, which details the nature and extent of the

problems being experienced by the Salthouse Harbour Hotel. Mr Gough and Mr Abreu also

gave evidence in support of the application.

Further, Mr Eaton pointed out to the Sub-Committee some of the existing conditions on the

Premises Licence which has not been effective. He advised that the Applicant is not asking

for the suspension or revocation of the Premises Licence or the removal of the DPS but that

he is seeking to fine tune and/or modify some of the conditions of the Premises Licence so

that they are more focussed. He suggested four additional conditions to be added to the

Premises Licence including a condition to the effect that “no noise is audible inside any of

the facing rooms of the Salthouse Harbour Hotel after 11pm”. He considers this to be a

clear, simple and an enforceable condition and recommended it to the Sub-Committee.

Representing Mr Aidan Coughlan, the Premises Licence Holder, Mr Andrew Grimsey of

Poppleston Allen Solicitors advised the Sub-Committee that the Premises Licence Holder and

his team are disappointed with themselves for breaching the conditions of the Premises

Licence. Mr Grimsey explained that Isaacs is an extremely well run Premises and that to run

a venue with 3,000 visitors coming through and not have complaints from the Police or

residents speaks for itself in their favour.

The Premises Licence Holder admitted breaching the conditions of the Premises Licence as

alleged by the Applicant but said that this was due to an honest mistake. Mr Coughlan

explained to the Sub-Committee that he was under the mistaken belief that the condition

restricting regulated entertainment outdoors to 19.00 hours only applied to live music. He

stated that live music would stop at 19.00 hours and thereafter a DJ would take over and

continue to play recorded music. He advised that when it was pointed out to him that he

was in breach of his Licence, he had gone through the Premises Licence again and on

discovering the breach had ceased this activity immediately. Regarding the condition to

“retain absolute control over the level of music indoors” Mr Coughlan explained that a

particular DJ using his own music equipment ignored their instructions and a subsequent

warning during the night compelling them to ‘pull the plug’ mid flow and caused the music

to stop and thereafter banned this particular DJ. He stated that the Premises Licence had

not been breached wilfully.

Mr Grimsey explained to the Sub-Committee that the Premises Licence Holder has proposed

to undertake some additional noise mitigation works at the Premises, including installing a

noise limiter, to resolve the noise disturbance being experienced at the Salthouse Habour

Hotel. Further, Mr Grimsey advised that the Premises Licence Holder accepts the new

conditions proposed by the Applicant except for the word ‘audible / inaudible’ which he

considers is not objectively measurable. In his evidence in support of the Premises Licence

Holder, Mr Richard Vivian, an Acoustic Consultant for Isaacs, advised the Sub-Committee

that there is now a trend to move away from using the word ‘audible’ as a measure of noise

level in conditions to control noise nuisance as it is considered to be insufficiently precise. He

explained that he has carried out an assessment of the Isaacs Premises and that there is an

engineering solution to the problem. He stated that in his view the noise mitigation works

proposed by the Premises Licence Holder will be adequate to resolve the problem of noise

disturbance emanating from Isaacs.

The Sub-Committee considered the representations made by the parties. In reaching its

decision, the Sub-Committee considered the need to promote the 4 licensing objectives

under the Licensing Act 2003, the Home Office Guidance issued under the Licensing Act 2003

and Ipswich Borough Council’s Statement of Licensing Policy.

The Sub-Committee determined as follows:

“Subject to Isaacs installing its proposed noise limiting device as soon as possible, we would

modify the Premises Licence by accepting the 4 new conditions proposed by Mr Gough of the

Salthouse Harbour Hotel but subject to the word ‘audible’ being defined as a regulatable

level by agreement between an Ipswich Borough Council’s Environmental Protection Officer

and the two parties”

The Sub-Committee was of the view that the noise mitigation works proposed by the

Premise Licence Holder together with the four new conditions proposed by the Applicant are

adequate to mitigate the noise nuisance caused by Isaacs to other neighbouring premises.

The Sub-Committee considers this decision to be an appropriate and proportionate response

to promote the licensing objectives.




Conditions:

The licence holder shall install and operate exclusively a sound system for he use in the Top Bar as

specified in and in accordance with the recommendation of the Report of Richard Vivian of 19th

February 2014 – with the noise limit set to ensure that noise is at a level as defined in number 8.

below, inside any of the facing rooms of the Salthouse Harbour Hotel after 11pm

Regulated entertainment taking place inside the premises shall be controlled only by the management

of the premises and kept at a level as defined in number 8. below, in any facing room of the of the

adjoining Salthouse Harbour Hotel after 11pm

The music noise level (MNL) from the premises after 23:00hrs shall not exceed NR20 measured at the

octave band centre frequencies between 31.5hZ to 8kHz inclusive, using Lfeq over a measurement

period of 15 minutes, measured inside any of the facing rooms of the Salthouse Harbour Hotel with

the room windows and doors closed

Noise Rating

Octave band centre frequency Hz

31.5 63 125 250 500 1000 2000 4000 8000

20 69.0dB 51.3dB 39.4dB 30.6dB 24.3dB 20dB 16.8dB 14.4dB 12.6dB


Date of Hearing: 4 June 2014


Name of Applicant: Snax 24 Limited

Name of Premises: Snax 24 Service Station

Postal Address of Premises: Belstead Service Station, Ellenbrook Road, Ipswich, IP2 9RP

Name of Responsible None

Authorities:

Name of Other Person: Councillor R Fern on behalf of residents in Sprites Ward

Councillors on the Sub-Committee:

Councillor B. Studd (Chair), Councillor A. Grant and Councillor P. Stewart


The Sub-Committee considered the application to vary the Premises Licence and the

representation made in response to the application by Councillor R Fern on behalf of

his constituents in Sprites Ward.

The Applicant, represented by Mr Robert Botkai of Winckworth Sherwood LLP,

asked the Sub-Committee to vary the Premises Licence to allow the provision of late

night refreshment, vary the hours for the supply of alcohol off the premises and

remove all embedded restrictions and conditions within annex 2 of the existing

licence and include new conditions. During the hearing, in response to questions

from members of the Sub-Committee, Mr Botkai accepted that embedded condition 2

in annex 2 of the existing licence should be retained on the licence. Mr Botkai

submitted that the Premises is a petrol forecourt store selling a broad range of

groceries, household products and alcohol and that their activities are monitored to

ensure that the Premises is not primarily used for the sale of petrol. He advised that

historically, the opening hours had been restricted by Planning restrictions but that

these have been lifted and the Premises is now open from 6.00 am to 12 midnight

every day. The Applicant now wishes to match the trading hours with the Premises

opening hours to avoid having to section off part of the store at certain times of the

day.

Mr Botkai further submitted that this is not a busy store and that they do not believe

that the activities of the Premises is causing public nuisance as evidenced by the lack

of representation from the Police and individual residents in the area. He stated that

the Premises is open until 12 midnight now and that allowing the sale of alcohol

during the whole of the opening hours would make no difference in terms of causing

additional disturbance to the residents. Finally, Mr Botkai submitted that

Responsible Authorities and Other Persons can exercise the power to review the

Premises Licence should there be problems with nuisance in the future.

In his representation Councillor Fern advised the Sub-Committee that he is a Ward

Councillor for Sprites Ward where the Premises is situated. He advised that one of

his duties as a Ward Councillor is to advocate for his constituents and that his

objection was made on behalf of the residents in the Ward. He stated that his

objection is based on the Prevention of Public Nuisance licensing objective and that

residents in Ellenbrook Road and Radcliffe Road in particular have been

experiencing nuisance caused by the activities of the Premises. He explained that the

Premises was recently refurbished and enlarged with an increase in the range of

good it now sells. New coolers and compressors have been installed and the bushes

and shrubs that used to form a buffer have been cut back. There is an increase in

customers calling at the Premises; driveways are blocked by parked cars and there is

a general increase in noise. Councillor Fern advised that all of these contribute

cumulatively to the disruption of the quality of life of the residents in the area and

that there comes a point in time when the residents would question who is looking

after their interest. He submitted that we are at that point now.

Further, Councillor Fern explained to the Sub-Committee that some of the residents

had tried to engage with the applicant to resolve the issues but had felt that they

were getting nowhere. He submitted that some of the houses and residents have

been in the area longer than this Premises and that a “Good Neighbour Scheme”

should be put in place at the very least. He urged the Sub-Committee to reject the

application.

In reaching its decision, the sub-committee considered the need to promote the 4

licensing objectives under the Licensing Act 2003, the Home Office Guidance issued

under section 182 of the Licensing Act 2003 and Ipswich Borough Council’s

Statement of Licensing Policy.

The Sub-Committee granted the application to vary the Premises Licence as

amended. The Sub-Committee determined as follows:

“We have decided to grant the application to vary the Premises Licence as amended to retain

embedded condition (2). We thank Councillor Fern for coming to represent his constituents

but we do not consider that there is enough evidence to prevent us from granting this

application having taken into account the Licensing Objectives”.



Notification Date: 10 June 2014


NEW YORK EXCHANGE (APPENDIX 1) THREE PENNY CONVENIENCE STORE (APPENDIX 2)

APPLICATIONS THAT WERE MEDIATED

Mediation Report: Bear's Boutique Bowling Bar & Grill

Unit B, The Factory, Star Lane, Ipswich, Suffolk, IP4 1JN

An application for a new Premises Licence under Section 17 of the Licensing Act 2003

was received.

Mediation has been sought between parties and the Sub-Committee are required to ratify the agreed conditions. New conditions have been added to this licence and these are set out below. As a result all parties have confirmed they consider a hearing is not necessary, they will not be attending and have withdrawn their representations. The Sub-Committee is asked to ratify the following: Conditions agreed through mediation with Suffolk Constabulary 1. 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 to view 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 daily log report must be maintained, endorsed by signature, indicating the system has been checked and is compliant. In the event of any failings; 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. 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. Existing staff shall be trained within six months of this condition becoming ‘live’. Training records shall be kept on the premises and produced to the Police and authorised Local Authority Licensing Officers on demand. For the avoidance of doubt this training can be administered in-house in accordance with the relevant criteria of the formal qualification. Training will be reviewed six monthly to ensure staff are up to date with the latest legislation and their training records will be endorsed accordingly. 3. Door supervisors shall be employed at the premises and at least one of them shall be female. Door supervisors shall be employed from 20:00hrs and will be so employed until the termination of licensable activities. Two door supervisors will remain at the premises for a further 30 minutes to aide customer dispersal. On Saturdays, there will be a minimum of four SIA registered door supervisors employed at the premises; of which a minimum of three will be on duty when the premises opens and a further one at 23:00hrs. On Thursdays and Fridays, there will be a minimum of two door supervisors on duty from 20:00hrs. On Sunday, Monday, Tuesday and Wednesday, there will be a minimum of one door supervisor on duty from 20:00hrs. For up to 199 customers. For every 100 customers above this number the premises shall emply another door supervisor (one extra for each

100 customers). Bank Holidays and Special Events shall also be covered by a minimum of four Door Supervisors of which a minimum of three will be on duty when the premises opens and a further one at 23:00hrs. The deployment of the door supervisors will be at the discretion of the premises management, however, a visual presence will be maintained in all areas open to the public at all times licensable activities are taking place. All door supervisors will be easily identifiable at all times by use of high visibility clothing/uniform. All door supervisors on commencing duty will sign an attendance book with their SIA number and signature. 4. The premises shall employ an internal radio system allowing two-way communication between all members of relevant staff. In addition, the premises will subscribe to the Townlink radio system or similar. 5. To enhance the mandatory condition relating to an age verification policy, the premises licence holder will implement the ‘Challenge 25’ scheme, ensuring prominent signage is displayed throughout the premises and all staff are trained in its operation. 6. An ejection policy will be implemented. That by use of either Town Link Radio, the 999 service or other non-emergency number, all instances of ejection of persons from the premises must be notified to the Police at the time of happening or as soon as possible thereafter. Where an offence of violence has been committed the door supervisors or premises management will retain the offender for hand over to the Police or will 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 will be made on all occasions; timed, dated and signed by a member of staff. 7. 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/Authorised Licensing Officers 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. 8. The toilet areas will be checked whilst the premises are open for licensable activities. On a Friday and Saturday the toilet areas will be checked at least every hour the premises are open for licensable activities. A ‘Toilet-check’ log sheet will be endorsed to this effect and made available to Police and Local Authority Licensing Officers on demand. 9. No entry to the premises will be granted after midnight. Customers in any queue will be informed prior to midnight that they may not be successful in being admitted. Customers, in exceptional circumstances will be allowed re-entry after midnight on the provision that they are subject to re-searching and a full incident report entry is made as to the reasons for leaving and re-entering. 10. 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 Door policy ID Checks policy Search 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 will be up-to-date, accurate, relevant and subject to annual review.

11. Signage, in not less than 32 font, shall be clearly displayed prominently at the point of access, toilet areas and exits; appropriately, in relation to Age policy, Drug policy, Search policy, CCTV policy and Dispersal policy. A list of local taxi firm numbers will also be displayed at point of exit/entrance. 12. No person under the age of 18 shall be permitted on the licensed premises at any time whilst it is being used exclusively or primarily for the sale or supply of alcohol. Persons under the age of 18 will be permitted on the premises when the premises are being privately hired for a special event but each person under 18 must be accompanied at all times by at least 1 responsible adult. 1 adult cannot be the responsible adult for more than 4 children. Special events will be risk assessed on an individual basis and must comply with the premises Special Events policy. 13. All individuals, without any exception, subject to a local PubWatch ban will be refused entry and excluded from the premises for the entire duration of their ban. All staff will be alerted to the banned persons by the Pub Watch representative and report any attempt that such persons make to gain access to the premises to the Police. 14. It shall be the DPS’s responsibility to ensure that all staff are clearly instructed to not allow any drinking vessels to be removed from the premises by customers. Empty drinking vessels shall be regularly collected so as to ensure no accumulation in areas where the public have access. 15. All instances of drunkenness, disorder, drug use or violence will be challenged, resulting in the ejection or retention of the individual(s) and under serious circumstances, consideration shall be given to their permanent exclusion from the premises in future. 16. Safety checks shall be carried out by the DPS or nominated individual (nominated in writing), before the admission of the public and details of such checks shall be recorded in a log-book to be made available to authorised officers of the Responsible Authorities on demand. 17. Complete First Aid kits must be located in the premises and be readily available to all staff at all times. The kits will be inspected weekly and replenished in the event of an item being used as soon as practicable. An endorsed log sheet will be contained in each kit. An accredited First Aid trained person shall be on duty at all times when the premises operate for licensable activities. 18. Consumption of alcohol shall be restricted to the licensable area granted on the premises licence.

Conditions agreed through mediation with Ipswich Borough Council’s Environmental Protection department

1. Noise or vibration is not noticeable at the façade of any noise sensitive premises. 2. Regulated entertainment outside the premises will cease at 10pm every day. 3. Only background music to be played on the first floor of the premises. 4. There will be no Other Provision for karaoke and talent shows. 5. Double glazing to be installed throughout the premises. 6. Installation of limiters to the in-house sound system and only this system to be used for

all amplified sound. 7. Following set up of in-house system to 85dBA (to be validated as correct level by

Noise Consultant) to ensure compliance with 1 above and confirmed to, Environmental Protection Department at the Council as soon as practicable.

Mediation Report: Alexander European Food Shop , 44 Norwich Road, Ipswich


was received.

Mediation has been sought between parties and the Sub-Committee are required to ratify the agreed conditions. New conditions have been added to this licence and these are set out below. As a result all parties have confirmed they consider a hearing is not necessary, they will not be attending and have withdrawn their representations. The Sub-Committee is asked to ratify the following:

Conditions agreed through mediation with Suffolk Constabulary

1. 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 to view 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 daily log report must be maintained, endorsed by signature, indicating the system has been checked and is compliant. In the event of any failings; 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.

2. Signage stating that the premises has active CCTV equipment will be displayed

prominently within the store.

3. 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/Authorised Licensing Officers on demand. In the

case of refusals registers, there shall be one at the point of sale (till area).

4. An auditable log detailing training provided to staff involved in the sale of alcohol will

be maintained and kept on the premises at all times. Training will be recorded by title,

type, date and signed by the Designated Premises Supervisor when completed. This

log will be made available to the Police and Licensing Authority upon request.

5. Alcohol will be presented for sale in just two areas of the shop. This specifies that only

1) the top of the central floor standing shelving in the rear section of the shop and 2)

any shelving and/or refrigerator units immediately next to and surrounding the till in the

front of the shop will be permitted to display alcohol.

Mediation Report: Greek Wines Online, 2nd Floor, 13. St Matthews St, Ipswich


was received.

Mediation has been sought between parties and the Sub-Committee are required to ratify the agreed conditions. New conditions have been added to this licence and these are set out below. As a result all parties have confirmed they consider a hearing is not necessary, they will not be attending and have withdrawn their representations. The Sub-Committee is asked to ratify the following: Conditions agreed through mediation with Suffolk Constabulary

Crime and Disorder:

1. All customers wishing to purchase alcohol from any website used for the purposes of selling alcohol from the premises will need to hold an online details registration account with the company, Myrmidon Trading Ltd. This account will, at minimum, detail the persons’ current name and address at the time of registration.

2. All internet retail sales for consumers will be made and completed using an

online accredited third party finance system such as, but not exclusive to, Paypal or Sagepay. No cash sales or sales via mediums other than the online website will be permitted for retail consumer sales.

3. All alcohol sold through internet retail consumer sales will be delivered from the

premises through a third party courier or postal group. There will be no deliveries made personally by Myrmidon Trading Ltd employed staff directly to customers either at their homes or any other place for retail consumer sales.

4. Wholesale of alcohol from the premises will be permitted without restrictions

upon the medium or arrangement of sale or the delivery of the alcohol subsequently.

5. A full and auditable record of all sales, both internet retail consumer or

wholesale, and associated deliveries will be maintained and shall be made available upon request to the Police and Licensing Authority.

Protection of Children from Harm: That any website used by the company for the sale of alcohol from the premises will:

- Clearly display in writing the requirement for purchasers to be over the age of 18 years

- Include a legal challenge whereby customers using the site have to actively confirm that they are over the age of 18 at the time of purchase. Where a customer does not confirm this minimum age then the website will not allow a sale to take place.

Mediation Report: IKI Grocery Shop, 27 Franciscan Way, Ipswich


was received.


Conditions agreed through mediation with Suffolk Constabulary a) General –

• The refusals register shall be kept on the premises and be made available immediately upon request to an authorised officer of the Police or Local Authority.

• The licence holder will ensure that within six weeks of any appointment of a member of staff, they receive adequate training to Responsible Alcohol Retailing standards or equivalent. A training record will be kept at the premises, which will be made available immediately upon request to an authorised officer of the Police or Local Authority.

• Staff records with regards to licensing accreditations and training shall be kept on the premises and produced to the Police and Authorised Local Authority Licensing Officers on demand.

• There shall be a minimum of two staff on duty at the premises whenever the premises are open between the hours of 21:00 and 23:00

• Customers will not be permitted to consume alcohol on the premises as per the mandatory conditions for off-license sales only.

b) The Prevention of Crime and Disorder

• CCTV WILL 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 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 handed to Police on demand.

• The Premises Licence Holder must ensure that at all times the DPS and all appointed members of staff are capable and competent at downloading CCTV footage in a recordable format EITHER DISC or VHS to the Police/Local Authority on demand.

• The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual.

• An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.

• In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the Police on contact number 01473 613500 immediately.

• Sales of alcohol are not to include any super strength lagers, beers or ciders where strength exceeds 6.5% ABV for the avoidance of doubt this should not exclude the sale of specialist or premium alcoholic beverages”

c) Public Safety

• The premises will subscribe to the Townlink radio system or similar d) The Prevention of Public Nuisance

• Persons shall be discouraged from congregating outside of the premises

• No alcohol purchases to be consumed in the near vicinity of the premises.

• The licence holder shall operate and maintain a refusals register in respect of declined sales of alcohol where the attempted purchaser was suspected of being under 18 years of age or drunk.

• Customers will not be permitted to consume alcohol on the premises as per the mandatory conditions for off-license sales only.

e) The protection of Children from Harm

• The Challenge 25 scheme will be implemented

• To ensure that any person selling or supplying alcoholic drink under the authority of a personal licence holder follows the guidelines of the Suffolk Constabulary Challenge 25 scheme and asks for photo ID proof of age where they have reason to suspect that the individual may be under 25 years of age and to ensure that signs relevant to this condition are prominent

Mediation Report: Café Inn, 38 Lloyds Avenue, Ipswich


was received.



1. CCTV shall be provided in the form of a recordable system, 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 to view 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 daily log report must be maintained, endorsed by signature, indicating the system has been checked and is compliant. In the event of any failings; 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.

2. Policies and logs will be written for the premises relating to the following categories:

ie. Risk Assessment

• Emergency procedures

• Fire safety/evacuation plan

• ID Checks policy (Challenge 25)

• Customer complaints policy

• Incident report log (incorporating refusals and banned log)

• CCTV log/Policy

3. All 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 and authorised Local Authority Licensing Officers on demand. For the avoidance of doubt this training can be administered in-house in accordance with the relevant criteria of the formal qualification. Training will be reviewed six monthly to ensure staff are up to date with the latest legislation and their training records will be endorsed accordingly.

4. There shall be no vertical drinking at the premises

5. All exit doors will be regularly checked and all fire doors maintained, unobstructed and effectively self-closing. All fire-fighting equipment will be regularly checked to ensure they function correctly and updated in the log.

6. Staff will routinely check the premises before and during opening hours to ensure that the premises are safe, clean and tidy, including the toilets. To be updated in the daily log.

7. Empty glasses will be regularly collected and any spillage dealt with as soon as practicable. Consumption of alcohol shall be restricted to the licensable area granted on the premises, inside the building only. Off licence sales are restricted to sealed vessels only

8. Complete First Aid kits must be located in the premises and be readily available to all staff at all times. The kits will be inspected weekly and replenished in the event of an item being used as soon as practicable. An endorsed log sheet will be contained in each kit. An accredited First Aid trained person shall be on duty at all times when the premises operate for licensable activities.

9. All staff will be trained to ask customers to leave quietly in the evening when necessary

10. There shall be appropriate signage at the premises requesting customers to leave quietly

11. Children must be accompanied by an adult at all times whilst on the premises

12. Playing of pre-recorded music will be turned down if requested by Police/Local Authority if deemed above the appropriate background level

13. No super-strength alcohol above 6.5% to be sold on the premises

Mediation Report: Tacket Street Convenience Store, 20 Tacket Street, Ipswich


was received.


1. No Super Strength Beers, Lagers or Ciders either cans or bottles with an ABV of 6.5% above to be sold at the premises. For the avoidance of doubt this will include any speciality beers, lagers and ciders.

1. 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 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 daily log report must be maintained and endorsed by signature, indicating the system has been checked and is compliant. In the event of any failings; actions are to be recorded in the log.

2. All 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 and authorised Local Authority Licensing Officers on demand. For avoidance of doubt this training can be administered in-house in accordance with the relevant criteria. Training shall be reviewed annually to ensure staff are up to date with the latest legislation.

3. To enhance the mandatory condition relating to an age verification policy, the premises licence holder will implement the ‘Challenge 25’ scheme, ensuring prominent signage is displayed throughout the premises and all staff are trained in its operation. ‘The Premises Licence Holder shall ensure that any person selling or supplying alcohol at the premises, under the authority of a relevant Personal Licence Holder, asks for a photographic proof of ID document where they have reason to suspect that the individual may be under 25 years of age’.

4. A refusals register will be maintained at the premises to record all refused sales. The entry for each refused sale will be entered into the register within one hour of the refusal taking place and will show the date, time and the description of the refused person and must show the details of the person refusing the sale. Each entry will be kept in the register for a minimum of 12 months and must be available for inspection by an authorised member of Ipswich Borough Licencing Authority or an authorised member of Suffolk Constabulary immediately upon request.

5. Signage is to be clearly displayed at the entry to the premises and at the point of sale to state ‘It is illegal to purchase alcohol under the age of 18 years and it is also illegal to purchase alcohol on behalf of someone who is under 18 years.

6. Ali Yildirim is no permitted to sell or supply alcohol at the premises at any time whether by authorisation from a personal licence holder or not.

Mediation Report: The County, 29 St Helens Street, Ipswich

An application to vary a Premises Licence under Section 34 of the Licensing Act 2003

was received.

Mediation has been sought between parties and the Sub-Committee are required to

ratify the agreed conditions.

New conditions have been added to this licence and these are set out below.

As a result all parties have confirmed they consider a hearing is not necessary, they

will not be attending and have withdrawn their representations.

The Sub-Committee is asked to ratify the following:


1. For all externally promoted events, where an external promoter operates an event at the premises, whether they are live music or amplified music, a risk assessment on an agreed form must be submitted to Suffolk Constabulary at least 14 days in advance of the event.

2. Following submission of the risk assessment to Suffolk Constabulary the DPS/Licence

holder must seek written agreement from the Constabulary that an event can be staged without SIA door staff.

3. If, in the opinion of Suffolk Constabulary, SIA door staff are deemed to be required for

an event, a minimum of 2 registered SIA door staff to be on duty whenever live music or amplified music is played whenever externally promoted events are held at the premises. All door supervisors will be in duty from at least 9pm until 30 minutes after the termination of all licensable activities. On arrival sign an attendance book with name and SIA badge details. Door supervisors will be easily identifiable at all times by use of high visibility clothing/uniform.

4. First aid kits will be located in the premises and be readily available to use. The kits will be inspected weekly and replenished in the event of an item being used as soon as practicable. An endorsed log sheet will be contained in ach kit

Mediation Report: Athens Grill, 60 Upper Orwell Street, Ipswich


was received.



pictures of evidential quality in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises 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 daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant. In the event of any failings; actions taken are to be recorded in the log.

2. All 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 and authorised Local Authority Licensing Officers on demand. For the avoidance of doubt this training can be administered in-house in accordance with the relevant criteria. Training shall be reviewed annually to ensure staff are up to date with the latest legislation.

3. To enhance the mandatory condition relating to an age verification policy, the premises

licence holder will implement the ‘Challenge 25’ scheme, ensuring prominent signage is displayed throughout the premises and all staff are trained in its operation. “The Premises Licence Holder shall ensure that any person selling or supplying alcohol at the premises, under the authority of a relevant Personal Licence Holder, asks for a photographic proof of ID document where they have reason to suspect that the individual may be under 25 years of age”.

4. A refusals register will be maintained at the premises to record all refused sales. This

will include refused sales at the point of delivery by delivery take-away service. The entry for each refused sale will be entered into the register within one hour of the refusal taking place and will show the date, time and the description of the refused person and must show the details of the person refusing the sale. Each entry will be kept in the register for a minimum of 12 months and must be made available for inspection by an authorised member of Ipswich Borough Council Licensing authority or an authorised member of Suffolk Constabulary immediately upon request.

5. Signage is to be clearly displayed at the entry to the premises and at the point of sale to state “It is illegal to purchase alcohol under the age of 18 years and it is also illegal to purchase or obtain alcohol on behalf of someone who is under 18 years.”

6. Supply of alcohol is to be llimited to the supply of wine only. For the sake of clarity No

supply of beers, ciders, lagers or spirits will be permitted to be supplied at any time. 7. Alcohol will only be supplied as part of a substantive food order of £24 or more

(excluding the cost of any wine supplied). 8. No alcohol is to be consumed on the premises. 9. For delivery of food that includes a supply of alcohol an age verification policy will take

place that mirrors the “Challenge 25” condition shown at (3) above place but excluding the reference to signage. The “Challenge 25” policy will be implemented at the time the delivery takes place.

10. The venue will obtain a “Townlink Radio” and will monitor this at all times that the

venue is open for the sale of alcohol. 11. For delivery service supply of alcohol: No deliveries or supply of alcohol may take

place if the time the supply takes place is later than the permitted hours for the supply of alcohol as shown on the Premises Licence.

Mediation Report: Snax 24 Service Station, 333-347 Spring Road, Ipswich

An application to vary a Premises Licence under Section 34 of the Licensing Act 2003

was received.

Mediation has been sought between parties and the Sub-Committee are required to

ratify the agreed conditions.

New conditions have been added to this licence and these are set out below.

As a result all parties have confirmed they consider a hearing is not necessary, they

will not be attending and have withdrawn their representations.

The Sub-Committee is asked to ratify the following:

Conditions agreed through mediation with Public Health

1. No super-strength beers, lagers or ciders of 6.5% ABV (alcohol by volume) or above

shall be sold at the premises

Mediation Report: Iceland, 34 Tower Ramparts Centre, 11 Tavern Street, Ipswich


was received.


1. 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 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 daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant. In the event of any failings; actions taken are to be recorded in the log.

Mediation Report: Shell Whitehouse, 665 Norwich Road, Ipswich


was received.


Conditions agreed through mediation with Suffolk Constabulary and the Public Health department

1. No super-strength beer, lagers or ciders above 6.5% ABV (alcohol by volume) shall be

sold at the premises.

2. No single cans or bottles of beer, lager or cider will be sold at the premises.

Mediation Report: Shell Ranelagh, London Road, Ipswich


was received.


Conditions agreed through mediation with Suffolk Constabulary and the Public Health department

1. No super-strength beer, lagers or ciders above 6.5% ABV (alcohol by volume) shall be sold at the premises.

2. No single cans or bottles of beer, lager or cider will be sold at the premises.

Mediation Report: 11 Duke Street, Ipswich


was received.


1. 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 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 daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant. In the event of any failings; actions taken are to be recorded in the log.


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 and authorised Local Authority Licensing Officers on demand. For the avoidance of doubt this training can be administered in-house in accordance with the relevant criteria. Training shall be reviewed annually to ensure staff are up to date with the latest legislation.


licence holder will implement the ‘Challenge 25’ scheme, ensuring prominent signage is displayed throughout the premises and all staff are trained in its operation. “The Premises Licence Holder shall ensure that any person selling or supplying alcohol at the premises, under the authority of a relevant Personal Licence Holder, asks for a photographic proof of ID document where they have reason to suspect that the individual may be under 25 years of age”.

4. A refusals register will be maintained at the premises to record all refused sales. The

entry for each refused sale will be entered into the register within one hour of the refusal taking place and will show the date, time and the description of the refused person and must show the details of the person refusing the sale. Each entry will be kept in the register for a minimum of 12 months and must be made available for inspection by an authorised member of Ipswich Borough Council Licensing authority or an authorised member of Suffolk Constabulary immediately upon request.

5. Alcohol will only be supplied as part of a substantive meal consumed in the venue.

6. Alcohol will only be supplied to customers by way or waiter/waitress service.

7. Prominent signage will be displayed to ensure indicate to customers that they must leave the venue quietly to avoid disturbance to neighbouring residents.

8. Internal and external lighting fixed to promote the public safety objective.

9. Well trained staff adherence to environmental health requirements.

10. A log book or recording system shall be kept upon the premises in which shall be entered particulars of inspections made;

11. All parts of the premises and all fittings and apparatus therein, door fastenings and

notices, lighting, heating, electrical, air condition, sanitary accommodation and other installations, will be maintained at all times in good order and in a safe condition.

12. Deliveries of goods necessary for the operation of the business will be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents. (We aim to arrange delivery between 1pm-3pm)

13. The Licensee will ensure that staff who arrive early morning or depart late at night when the business has ceased trading conduct themselves in such a manner to avoid causing disturbance to nearby residents.

14. Customers will be asked not to stand around loudly talking in the street outside the premises. (signs will be available)

15. Customers will not be admitted to premises above opening hours.

16. The movement of bins and rubbish outside the premises will be kept to a minimum after 11.00pm. Most of the rubbish will be deposited throughout the day to avoid noise after 11.00pm. Any bottles to be disposed after this time will be kept on the premises if necessary to be disposed of during the next day. This will help to reduce the levels of noise produced by the premises.

17. Any lighting on or outside the premises will be positioned and screened in such a way so as to not cause a disturbance to nearby residents.

Mediation Report: TD Polski Smak, 185 Felixstowe Road, Ipswich


was received.


1. The Premises Licence Holder shall not sell super strength beer, lager or cider with an

alcohol content of 6.5% ABV (alcohol by volume) or greater.


pictures of evidential quality in all lighting conditions particularly facial recognition.

Cameras shall encompass all ingress and egress to the premises 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 daily log report must be maintained, endorsed by signature, indicating the

system has been checked and is compliant. In the event of any failings; actions taken

are to be recorded in the log.


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 and authorised Local Authority Licensing Officers

on demand. For the avoidance of doubt this training can be administered in-house in

accordance with the relevant criteria. Training will be reviewed annually to ensure staff

are up to date with the latest legislation.


licence holder will implement the ‘Challenge 25’ scheme, ensuring prominent signage

is displayed throughout the premises and all staff are trained in its operation. The

Premises Licence holder shall ensure that any person selling or supplying alcohol at

the premises, under the authority of a relevant Personal Licence Holder, asks for a

photographic proof of ID document where they have reason to suspect that the

individual may be under 25 years of age.

5. A refusals register will be maintained at the premises to record all refused sales. The

entry for each refused sale will be entered into the register within one hour of the

refusal taking place and will show the date, time and the description of the refused

person and must show the details of the person refusing the sale. Each entry will be

kept in the register for a minimum of 12 months and must be made available for

inspection by an authorised member of Ipswich Borough Council Licensing Authority or

an authorised member of Suffolk Constabulary immediately upon request.

6. Signage is to be clearly displayed at the entry to the premises and at the point of sale

to state ‘It is illegal to purchase alcohol under the age of 18 years and it is also illegal

to purchase or obtain alcohol on behalf of someone who is under 18 years’.

other helpful papers (papers which the report author … · 2014-06-11 · tesco (minor variation)...

Documents