North Kesteven District CouncilLicensing Team

Gurkha Sq. Express

21 Northgate, SLEAFORD, Lincolnshire, NG34 7BH

Open application 032703 which is a Minor Variation Application for Premises Licence

Applicant(s)

Permitted Activities

• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  No supply of alcohol may be made under this licence:

   

           at a time when there is no designated premises supervisor in respect of it, or

           at a time when the designated premises supervisor does not hold a personal licence, or his personal licence is suspended.

   

  Every sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence

   

  Below Cost Alcohol Sales

   

  1.              A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

  2.              For the purposes of the condition set out in paragraph 1:

   

  a)              ‘duty’ is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

  b)              ‘permitted price’ is the price found by applying the formula:

   

  P = D + (D x V)

   

  Where -

  P is the permitted price,

  D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

  V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

   

  c)              ‘relevant person’ means, in relation to premises in respect of which there is in force a premises licence:

  the holder of the premises licence,

  the designated premises supervisor (if any) in respect of such a licence, or

  the personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  d)              ‘relevant person’ means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

   

  e)              ‘value added tax’ means value added tax charged in accordance with the Value Added Tax Act 1994.

   

  3.              Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

   

  4.              (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

   

  (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

   

  Irresponsible Drinks Promotions

   

  1.              The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

  2.              In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises:

  (a) games or other activities which require or encourage, or are designed to require or    encourage, individuals to:

  (i)              drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or

  (ii)              drink as much alcohol as possible (whether within a time limit or otherwise);

  (b) provision of unlimited or unspecified quantities of alcohol free or for a fixed or discounted fee to the public or to a group defined by a particular characteristic in a manner which carries a significant risk of undermining a licensing objective;

  (c)               provision of free or discounted alcohol or any other thing as a prize to encourage or reward the purchase and consumption of alcohol over a period of 24 hours or less in a manner which carries a significant risk of undermining a licensing objective;

  (d)  selling or supplying alcohol in association with promotional posters or flyers on, or in the vicinity of, the premises which can reasonably be considered to condone, encourage or glamorise anti-social behaviour or to refer to the effects of drunkenness in any favourable manner;

  (e)  dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

  Water

  The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

  Age Verification Policy,

  The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

  The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

  The policy must require individuals who appear to the responsible person to be under 18 years of age (or such older age as may be specified in the policy) to produce on request, before being served alcohol, identification bearing their photograph, date of birth and either:

  (a)  a holographic mark, or

  (b)  an ultraviolet feature.

  Alcohol size measures

  The responsible person must ensure that:

  a)              where any of the following alcoholic drinks is sold or supplied for consumption on the premises (other than alcoholic drinks sold or supplied having been made up in advance ready for sale or supply in a securely closed container) it is available to customers in the following measures:

  beer or cider: ½ pint;

  gin, rum, vodka or whisky: 25 ml or 35 ml; and

  still wine in a glass: 125 ml; and

  b)              these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

  c)              where a customer does not, in relation to a sale of alcohol, specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  All staff engaged in licensable activity at the premises will receive training and information in relation to the following:

   

  ·              The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

  ·              The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

  ·              How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

  ·              Recognising the signs of drunkenness.

  ·              The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.

  ·              Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

   

  Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12-month intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority. Training records will be retained for at least 12 months.

   

  All staff, supervisors and managers must be trained in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol and then at least every 12 months. Training shall be signed and documented. Training records must be kept on the premises and be made available for inspection and copying to an authorised officer of a responsible authority on request. The documentation relating to training should extend back to a period of at least 12 months and should specify the time, date and details of the persons both providing the training and receiving the training.

   

  All staff responsible for selling alcohol, and do not hold a valid personal licence, shall receive training in the licensing act 2003, in terms of the licensing objectives, offences committed under the Act, conditions on the Premises Licence and Challenge 25 policy. Training shall be refreshed every 12 months with written records retained for a period of no less than 12 months and be made available on request to police and authorised officers of the Licensing Authority. Records will be endorsed with details of the person providing the training, the person trained and the date.

   

  An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details:

   

  Any incidents of disorder or of a violent or antisocial nature;

  All crimes reported to the venue, or by the venue to the police;

  All ejections of patrons;

  Any complaints received;

  Seizures of drugs or offensive weapons;

  Any faults in the CCTV system;

  Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.

   

  Records must be completed within 24 hours of any incident, and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident. The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.

   

  The premises shall install, operate, and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police.

   

  All public areas of the licensed premises including entry and exit points will be covered.

  ·              The system must record clear images permitting the identification of individuals, and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition.

  ·              The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

  ·              All equipment must have a constant and accurate time and date generation.

  ·              All recordings will be stored for a minimum period of 31 days with date and time stamping.

  ·              Recordings will be made available immediately upon the request of an authorised officer of a responsible authority throughout the entire 31 day period.

  ·              The CCTV system will be capable of downloading images to a recognisable viewable format. The CCTV system will capture a minimum of 4 frames per second.

  ·              The CCTV system will be fitted with security functions to prevent recordings being tampered with, i.e., be password protected.

   

  In the event that an incident occurs for which the police have been called, the crime scene shall be preserved to enable police to carry out a full forensic investigation.

   

  The maximum number of persons (including staff) allowed at the premises shall not exceed 35.

   

  The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties on the premises.

   

  A telephone number shall be made available and displayed in a prominent location where it can conveniently be read from the exterior of the premises by the public for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons or activities associated with the premises.

   

  The telephone number will be a direct number to the management who are in control during opening hours. A record will be kept by management of all calls received, to include the time, date and information of the caller, including action taken following the call.

   

  Records will be made available for inspection and copying by an authorised officer of a responsible authority throughout the trading hours of the premises.

   

  No deliveries (in relation to licensable activities) to the premises shall take place between 23:00 hours and 07:00 hours.

   

  During the hours of operation of the premises, sufficient measures will be taken to remove and prevent litter and waste arising or accumulating from customers in the area immediately outside the premises.

   

  No collections of waste or recycling materials (including bottles) from the premises shall take place between 23:00 hours and 07:00 hours on the following day.

   

  A tamper proof CCTV system shall be installed, maintained in working order and operated at the premises and shall be used to record during all hours that the premises are open to the public. Recordings must be kept for a minimum of 28 days and endorsed with the accurate, correct time/date (BST/GMT adjusted). Copies of recordings from the system shall be made available to Lincolnshire Police upon receipt of a reasonable request.

   

  The telephone number of the premises shall be clearly displayed so that when the premises is open for carrying out licensable activities persons can make direct representations to the staff within.

   

  All incidents related to ASB or noise pollution can be made in writing to NKDC appropriate department by contacting them on tel:01529 414155 or out of hours number tel:01529 308308

   

  No persons shall be allowed to enter of leave any part of the licensable areas with unsealed containers of alcohol. To clarify this is either temporary or permanently.

   

  There will be in place a written age verification policy in relation to the sale or supply of alcohol, which will specify a Challenge 25 proof of age requirement. This means that staff working at the premises must ask individuals who appear to be under 25 years of age, attempting to purchase alcohol, to produce identification. The only acceptable identification documents will be:

   

  A photo driving licence

  A passport

  An identification card carrying the PASS hologram

   

  Unless such identification is produced the sale of alcohol must be refused. This policy will include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18.

   

  The premises shall display prominent signage indicating at any point of sale that a Challenge 25 scheme is in operation.

   

  An alcohol sales refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused. The register will include:

   

  the date and time of refusal

  the reason for refusal

  details of the person refusing the sale

  description of the customer

  any other relevant observations

   

  The refusals register will be made available for inspection and copying on request of an authorised officer of a responsible authority. All entries must be made within 24 hours of the refusal.

   

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

   

  N/A.

   

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