Nibana Indian Restaurant

7&9 Morshead Road, Crownhill, Plymouth, Devon, PL6 5AP

Completed application 087547 which is a Review of Licence/Certificate for Premises Licence from 25/10/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• sale and supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS (PREMISES LICENCE - ON SALES)

   

  All supplies of alcohol

   

  1. No supply of alcohol may be made under this Premises Licence-

   

  (a)              at a time when there is no Designated Premises Supervisor in respect of the Premises Licence, or

  (b)              at a time when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.

   

  2. Every supply of alcohol under the Premises Licence must be made or authorised by a Person who holds a Personal Licence.

   

  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).

   

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

   

  Age verification policy

   

  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.

   

  Alcoholic drink measures

   

  1. 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.

   

  Permitted price

   

  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 this condition -

   

  (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 + (DxV) 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 a premises licence -

   

  (i)   the holder of the premises licence,

  (ii)  the designated premises supervisor (if any)

  (iii) the personal licence holder who makes or authorises a supply of alcohol;

   

  (d) “relevant person” means, in relation to 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 (b) below 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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Conditions that have been agreed with The Police Licensing Authority

   

  Crime and Disorder

   

  1.              Whenever the designated premises supervisor is not at the premises another responsible person will be nominated by the designated premises supervisor as being the person to manage the premises.

  2.              CCTV to be installed to comply with the UK Police Requirements for Digital CCTV Systems

  3.              CCTV cameras to be kept clean and maintained at all times.

  4.              Images will be retained for a minimum of 31 days.

  5.              The system will have the capability of downloading the images to a recognised format.

  6.              A register will be dept detailing all requests by Police for CCTV images.  This will include time and date of request, time, date and location of incident, time and date of hand on to Police.

  7.              During trading hours, members of staff trained to view and download images from CCTV at request of Police.

  8.              The Police Licensing Department will be informed if the CCTV system is not functioning correctly.

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

   

  Public Safety

   

  1.              No open bottles or other vessels will be permitted to be taken from the premises.

  2.              A daily incident logbook detailing all incidents of note at the premises or in the immediate vicinity e.g. slips, accidents, entry refusals and incidents of disorder etc. The log will detail the date, time, type of incident, brief circumstances, action taken and person dealing.  The logbook will be made available for up to six months Police or any other responsible authority for inspection, if required.  All relevant incidents will be reported to the police at the earliest opportunity.

   

  Protection of Children

   

  1.              Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18.  The following are the only forms of identification acceptable.

   

  ·              UK photo driving licence

  ·              Passport

  ·              PASS  card, (Proof of Age Standards Scheme)

   

  2.              2.Notices obtained from Police publicising the Challenge 21 initiate shall be clearly displayed at the entrance to the premises and behind the bar area at all times.

   

   

• Annex 3 - Conditions attached after a hearing by the licensing authority

  Review of Premises Licence 25/10/2022

   

  a.              The Premises Licence Holder must carry out right to work checks in accordance with the guidance issued by the government (which is available on the gov.uk website) on all employees (including current employees) employed by the business.

   

  b.              The Premises Licence Holder must set up and keep a register of all right to work checks carried out for each employee (including current employees). This must include (but is not limited to) a list of the documents checked for each employee, who carried out the check, the date they were checked, the date for any expiry of their right to work and where there is an expiry date on the right to work, a date set for review for that employee.

   

  c.              The Premises Licence Holder must keep a copy of any document inspected as part of the checks made on an employee’s right to work. Those records are to be kept for the duration of that person’s employment and for 2 years thereafter.

   

  d.              The register of right to work checks must be available for immediate inspection by any officer of the Licensing Authority, Home Office Immigration Enforcement or any police officer. It must be produced immediately on request by any of those officers. Copies of the documents inspected as part of the right to work checks must also be available for inspection and production as set out above.

   

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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