East Devon District Council

Azura Tapas & Cocktails

Azura Tapas & Cocktails, Castle Mount, Victoria Place, AXMINSTER, Devon, EX13 5NH

Rejected application 058962 which is a New Application for Premises Licence

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

   

  A CCTV system will be installed at the premises covering the entrance, the external area and all internal areas. A head and shoulders image to identification standard shall be captured of every person entering the premises.

   

  Images shall be kept for 31 days and supplied to the police or local authority on request.

   

  A member of staff trained in the use of the CCTV system must be always available at the premises that the premises is open to the public.

   

  The CCTV system will display, on screen and on any recording, the correct time and date that images were captured.

   

  CCTV signage will be displayed, reminding customers that CCTV is in operation.

   

  An incident log shall be kept at the premises and made available on request to the Police or an authorised officer of the Local Authority.

   

  The premises shall operate a zero-tolerance policy to the supply and use of drugs.

   

  Anyone who appears to be drunk or intoxicated shall not be allowed entry to the premises

  and those who have gained entry will be escorted from the business immediately.

   

  Substantial food and non-intoxicating beverages, including drinking water, shall be available

  in the premises where alcohol is sold or supplied for consumption on the premises.

   

  All delivery orders shall be to a registered residential or business address. There shall be no

  deliveries to public/communal areas or open spaces.

   

  All staff members should be checked to ensure they have the right to work in the

  UK. These checks should be made available upon requests to all responsible authorities.

   

  All associated ‘entitlement to work’ documents:

  a) must be logged and kept on the premises for the duration of the

  employment; and

  (b)must be retained for a minimum of 12 months after employment has ceased.

   

  Health and Safety Compliance:

  Regularly conduct risk assessments to ensure the restaurant complies with all health and

  safety regulations, including fire safety, emergency exits, and first aid provisions.

   

  Staff Training:

  Train staff in emergency procedures, including fire drills and first aid, ensuring they know how to react in case of an incident.

   

  Designated Smoking Areas: Clearly designate and manage smoking areas to prevent accidents and ensure that these areas do not obstruct public pathways or emergency exits.

   

  There shall be no vertical drinking at the premises.

   

  Table service only. 

   

  The premises will have a refusal book or electronic system to record all refusals of sales, this must be made available to the police and local authority officers upon reasonable request.

   

  Deliveries and rubbish collection to be done within the hours approved by the Council. 

   

  All windows to be keep closed after 22:00.

   

  Clear and legible notices will be prominently displayed at the exit to remind customers to leave quietly and have regard to our neighbours.

   

  No beers, ales, lagers, or ciders of 6% ABV or above to be sold.

  A challenge 25 policy will be in operation at the premises with operate signage on display throughout the premises.

   

  A Challenge 25 proof of age scheme shall be operated at the premises where the only acceptable forms of identification are recognised photographic identification cards, such as a driving licence, passport or proof of age card with the PASS Hologram. 

   

  All staff members engaged, or to be engaged, on the premises shall receive full training pertinent to the Licensing Act, specifically regarding age-restricted sales, and the refusal of sales to persons believed to be under the influence of alcohol or drugs. This shall take place every 12 months.

   

  Alcohol shall not be located in the immediate vicinity of the entrances and exit to the premises but shall be in an area in which it shall be monitored by staff on a frequent and daily basis whilst licensable activities are taking place.

   

  For all orders taken over the phone or via the Internet, customers should be informed of

  Challenge 25 and the requirement to have ID ready for inspection should the need arise before receipt of alcoholic beverages.

   

  All staff members engaged, or to be engaged, on the premises shall receive full training pertinent to the Licensing Act 2003. 

   

  All such training is to be fully documented and signed by not only the employee but the person delivering the training.

   

  Training records shall be kept at the premises and made available upon request to either Police Officers or an authorised officer of the Local Authority. 

   

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

   

   

• 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.