Taste of Thai

18 Fore Street, SEATON, Devon, EX12 2LA

Completed application 054269 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 07/04/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

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.

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              The licence holder must ensure that all staff are aware of their social and legal obligations and their responsibilities regarding the sale of alcohol.

  2.              A challenge 25 policy must be employed where those individuals who appear to be under the age of 25 attempting to purchase alcohol must be asked for identification.  The only type of identification that will be accepted is PASS accredited ID, passport or photo driving licence.  

  3.              The licence holder must ensure that there is always a personal licence holder on duty whenever alcohol sales are to taking place and that such sales are supervised/authorised by a personal licence holder.

  4.              The licence holder will ensure notices regarding age limits for the consumption and sale of alcohol are clearly displayed.

  5.              The licence holder will ensure that alcohol is never sold/given as part of a game which encourages quick consumption of alcohol.

  6.              The licence holder will ensure that tap water is available to all diners/drinkers and that there is a wide selection of low and non alcoholic drinks including alcohol free wines.

  7.              CCTV must be in operation whenever the premises are open for trading.

  8.              A safe place will be provided for customers to keep personal belongings.

  9.              The premises will have a designated phone held by the DPS with speed dial to the local police.

  10.              All staff to have mobiles phones with speed dial to the DPS to send alerts of any potentially difficult/hostile situations.

  11.              The consumption of alcohol may only take place in dining and bar areas - no drinks to be taken down to W.C. area.

  12.              All bottled beers to be decanted into glasses to prevent small bottles from being used as weapons.

  13.              Crime prevention notices will be displayed in areas where they are highly visible to the public.

  14.              The capacity limit for the premises will be agreed with the fire prevention officer and that will be clearly displayed.

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

  16.              All exit signs must be left unobstructed and clearly signed.

  17.              All exit doors must be are easy to open (and without a key).

  18.              Regular checks on doors and fire appliances will be made by the fire officer.

  19.              The emergency lighting provided in the stair and W.C. areas and that in the stair treads will be highlighted to improve their visibility.

  20.              The access for emergency vehicles will be kept clear and free of obstruction.

  21.              The licence holder must ensure that when queues are likely to form that a barrier is provided to eliminate the risk of crush.

  22.              The licence holder will ensure that a suitcase ramp is available for buggies, wheelchairs, pushchairs to aid access and that provision of this is displayed.

  23.              A first aid kit will be held by the DPS and the kit must be regularly checked to ensure it is complete and all contents within date.

  24.              The premises will display a notice at the exit asking diners to be mindful of noise when leaving.

  25.              If background music is to be played then a maximum volume will be fixed on the controls to ensure music is not audible in the flats above the premises.

  26.              Suitable child seating will be provided with the provision of a highchair and a booster seat.

  27.              Suitable crockery and cutlery for child use (plastic beakers, melamine plates, and child cutlery) will be provided.

  28.              The licence holder will ensure that children are not permitted in the bar area and a clear notice to be displayed.

  29.              Staff will be advised to seat families with young children as far from bar area as possible.

•  

  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 outlined in RED on the plans submitted to and approved by the Licensing Authority.