Ristorante EM

8 Victoria Road, EXMOUTH, Devon, EX8 1DL

Completed application 046283 which is a New Application for Premises Licence from 18/07/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• 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 Premises shall only operate as a restaurant where alcohol is not to be sold or supplied otherwise than for consumption by persons taking a substantial table meal there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals.

  2.              No customers will be permitted to take open vessels containing alcohol from the premises.

  3.              An incident book must be maintained within which full details of all occurrences of disorder and refused alcohol sales at the premises must be recorded. The incident book must be kept on the premises at all times and must be made available for inspection by officers of both the Licensing Authority and the Police.

  4.              The premises will adopt a Challenge 21 policy. The only acceptable forms of ID will be Passport, Photo Driving Licence or Government Approved PASS Card.

  5.              Staff Training records will be retained for at least 12 months at the premises and made available for inspection by officers of both the Licensing Authority and the Police.

  6.              The licence holder will ensure effective training of all staff is undertaken so that they are aware of the premises license and the requirements to meet the four licensing objectives with particular attention to:  ensure no alcohol is sold to underage customers.

  7.              Any customers displaying disorderly behaviour on the premises will be asked to leave.

  8.              Staff will be vigilant in preventing and reporting any attempts by customers to use or sell illegal drugs within the premises.

  9.              Anti-social behaviour is unacceptable and customers displaying this kind of behaviour will be asked to leave.

  10.              The licence holder will ensure that the prevention of harm to children is included within staff training.

  11.              The licence holder will be in day-to-day control of the premises and will ensure adequate training is provided on the Licensing Act (Training Records will be available).

  12.              A clear and legible notice will be displayed outside the premises indicating the normal hours under the terms of the premises licence during which licensable activities are permitted.

  13.              Premises security will be checked prior to closing each night paying particular attention to fire safety checks.

  14.              Any incidents or suspicious behaviour within or in the vicinity of the premises will be reported to the relevant authorities in a timely manner.

  15.              Internal and external lighting will be fixed to promote the public safety objective.

  16.              Well trained staff will adhere to Environmental Health requirements.

  17.              The premises will be checked prior to opening on each occasion to ensure all practical steps have been taken to ensure equipment is in good working order, a maintenance program  will also be in operation to ensure electrical, gas, fire  and equipment inspections are  carried out annually and certificates will be made available upon request.

  18.              The licence holder will ensure that customers and staff departing late at night conduct themselves in such a manner to avoid causing disturbance to nearby residents.

  19.              There is a taxi rank within 40 meters of the restaurant but taxi numbers will also be available upon request.

  20.              Customers will be asked not to stand around talking loudly in the street outside the premises and customers will not be admitted to the premises above the stated opening hours.

  21.              The movement of bins and rubbish outside the premises will be kept to a minimum after 11.00pm. This will help to reduce the levels of noise produced by the premises.

  22.              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.

  23.              A smoking area will be made at the rear of the building with fire resistant containers for cigarette ends, this area will be checked each night along with other security checks.

  24.              The licence holder will ensure staff remind  parents that they are responsible for their children at all times while using the restaurant and ensuring staff training includes being vigilant of minors within the restaurant, ensuring restricted areas  are secured to prevent minors entering the kitchen and bar areas.

•  

  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.