East Devon District Council

Indian Cuisine

25 New Street, HONITON, Devon, EX14 1HA

Completed application 051048 which is a Change of Supervisor for Premises Licence from 31/12/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the supply of alcohol
• any playing of recorded music

Additional Conditions

• ANNEXE 1 - MANDATORY CONDITIONS

   

  1.              (a)              There shall be no sale or supply of alcohol when there is no designated premises supervisor in respect of this premises licence or at a time when the said premises supervisor does not hold a personal licence or when his/her licence is suspended.

  (b)              Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

  2.              (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).

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

  4.              (1)              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.

  (2)              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.

  (3)              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.

  5.              The responsible person must ensure that-

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

  (i)              beer or cider: ½ pint;

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

  (iii)              still wine in a glass: 125 ml;

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

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

  6.              (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 7(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×V)

  where-

  (i)              P is the permitted price,

  (ii)              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

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

  (c)              “relevant person” means, in relation to premises in respect of which there is in force a premises licence-

  (i)              the holder of the premises licence,

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

  (iii)              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.

  7.              (a)              Admission of children (under the age of 18) to any exhibition of films must be restricted in accordance with the film classification applied by the body designated as the authority under Section 4 of the Video Recordings Act 1984.

  (b)              Where the film classification is not specified or where the Licensing Authority notifies the licence holder that Section 20(3) (b) applies to the film in question, admission of children must be restricted in accordance with any recommendations made by the Licensing Authority.

  8.              Any person used to carry out a security activity as required under any condition of this licence/certificate must be licensed or authorised to do so by the Security Industry Authority.

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              The premises will liaise with the District Council and Police authorities as necessary to further the licensing objectives.

  2.              Due to location, nature of functions and clientele Door Supervisors will not normally be required particularly if the function is private but if in the opinion of the Premises supervisor supervision is required, such Door Supervisor will be:-

  a) Registered with Security Industry Authority.

  b) Will display a correct name badge.

  c) Will carry proof of registration.

  d) Will be used on a ratio to be agreed by the Relevant Authorities which is currently 1:75.

  e) There will be no less than two Door Supervisors.

  f) They will be in attendance at the premises from 10.00 pm until the main exit doors to the premises are closed.

  3.              Due to its location and clientele it is not necessary to have CCTV but if required by the police CCTV will be operated and maintained to the satisfaction of the Police and Local Authority.

  4.              Recording would be retained for one month or such other periods as may be required by the Relevant Authorities.

  5.              The CCTV equipment will be checked on a regular basis.

  6.              If the CCTV is inoperative the Police and Local Authority will be informed as soon as possible and immediate steps taken to restore the equipment to full working order.

  7.              A notice will be displayed at the entrance to the premises advising that CCTV is in operation.

  8.              No customer carrying open or sealed bottles or glasses will be admitted to the premises at any time.

  9.              All bottles and glasses will be removed from public areas on a regular and frequent basis.

  10.              A proof of age policy to the satisfaction of the police and local authority will be in place.

  11.              The Taj Mahal Restaurant has a zero tolerance to illegal drugs and its use or supply on the premises will result in:

  a) Report to the police

  b) Banning from the premises

  12.              Drug awareness courses will be undertaken by staff as the opportunity presents itself.

  13.              A ‘customer code of conduct’ poster will be displayed warning customers that if they act in an inappropriate manner they could be barred from all licensed premises in the vicinity.

  14.              A notice will be displayed prominently in the premises stating clearly that all children under the age of 16 years must be in the company of a parent/guardian or responsible adult.

  15.              An incident book will be kept to record details of all instances of public disorder or matters affecting the licence.

  16.              All exit doors will be easily operable without the use of a key card code or similar means and will be available for egress while the public are on the premises.

  17.              All emergency exits will be maintained unobstructed, immediately available and clearly identifiable.

  18.              Exit doors will be regularly checked to ensure they function satisfactorily.  Records of these checks will be kept and produced on request.

  19.              All fire doors will be maintained effectively self-closing and shall not be held open other than by approved devices.

  20.              All gangways, exit ways, treads of steps or stairways will be maintained with non-slippery and even surfaces.

  21.              All floor coverings will be secured and maintained so they will not ruck.

  22.              Mats will be fitted into mat wells so as to be flush with the floor surface.

  23.              Hangings, curtains and temporary decoration will be maintained in a flame retardant condition.

  24.              Upholstered seating will be fire retardant and compliant with current Fire Safety Regulations.

  25.              All fire exits and means of escape will be signed in accordance with BS5499.

  26.              Wall and ceiling finishes will be fire resistant.

  27.              When disabled people are present adequate arrangements will exist to enable their safe evacuation in the event of an emergency. 

  28.              Emergency lighting will be installed before April 2006 to the satisfaction of the Fire Officer and thereafter in the absence of adequate daylight the lighting in any area accessible to the public will be fully operational.

  29.              Fire Safety signs will be adequately illuminated.

  30.              The emergency lighting will not be altered without the prior approval of the Licensing Authority and the Fire Officer.

  31.              Emergency lighting batteries will be fully charged before the admission of the public.

  32.              Emergency lighting tests will be conducted monthly.

  33.              Records of these tests will be made available to the Licensing Authority upon request.

  34.              All lavatories, urinals and wash basins shall at all times be kept in good order and repair and be properly and effectually cleaned, ventilated and disinfected and supplied with water and all necessary requisites and all doors leading thereto shall be suitably marked.

  35.              The electrical system at the premises, including portable appliances will be inspected and tested annually by a competent person to ensure safety.

  (The installation will have a full inspection at least every 3 years and be tested annually.  A competent person will be a qualified electrician who is qualified to complete works as per the I.E.E. wiring Regulations 16th Edition or is registered with the ECA or NICEIC.)

  36.              Where temporary electrical equipment is used, a suitable circuit breaker device will be installed to cover this equipment.  The circuit breaker will operate at a current not exceeding 30 mA and must comply with BS 4293.  The device will be tested monthly and the tests will be recorded in a log kept for the purpose.

  37.              Temporary electrical wiring and distribution systems will not be installed unless inspected by a suitably qualified electrician.  Temporary electrical wiring and distribution systems will comply with BS 7671 or, where applicable BS 7909.

  38.              Temporary electrical wiring and distribution systems, not installed by a suitably qualified electrician, will be inspected and certified by a qualified electrician before they are put to use.

  39.              The Gas System, including appliances, will be inspected and tested by a Gas Safe registered engineer annually and a satisfactory Gas Safety Certificate will be obtained.

  40.              Any oil fired boilers and appliances currently installed on the premises or installed in the future will be inspected and tested annually and an OFTEC certificate of inspection will be obtained.

  41.              All safety certificates and inspection reports will be kept on site and made available for inspection by officers of relevant statutory bodies.

  42.              The premises have suitable public liability insurance in the sum of not less than £2,000,000 (Two Million Pounds).

  43.              An insurance certificate is obtained after every renewal and will be displayed at the premises.

  44.              The premises have a Certificate of Inspection for Portable Fire Fighting Equipment.

  45.              An inspection is carried out annually and a new certificate obtained each time.

  46.              A variation of the Premises Licence will be sought for any alteration of the premises which would make it impossible to comply with an Operating Schedule.

  47.              A list of local taxi firms and their telephone numbers will be prominently displayed in the premises for the use of customers.

  48.              Prominent clear and legible notices will be displayed at all exists requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.

  49.              A crime prevention policy agreed by the Police and Licensing Authority will be in place if requested.

  50.              Children under the age of 16 years must be accompanied by a parent/guardian or responsible adult.

  51.              A proof of age policy agreed by the police and local authority will be enforced.

•  

  ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

•  

  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The licensable activities authorised by this licence will be confined to the areas that are shaded in PINK on the plan deposited with and approved by the Licensing Authority.

   

Premises Plans

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