Kathmandu Plymouth Nepalese and Indian Cuisine

Ground Floor, 153 Vauxhall Street, Plymouth, Devon, PL4 0DF

Completed application 040814 which is a Variation Application for Premises Licence from 15/11/2013 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  1. The first condition is that no supply of alcohol may be made under the 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. The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

     3.(1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

  (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 (other than any promotion or discount available to an individual in respect of alcohol for

  consumption at a table meal, as defined in section 159 of the Act);

  (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;

  (d) provision of free or discounted alcohol in relation to the viewing on the premises of a

  sporting event, where that provision is dependent on-

  (i) the outcome of a race, competition or other event or process, or

  (ii) the likelihood of anything occurring or not occurring;

  (e) 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.

   

  4. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  5.The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6.(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

  (2) 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 a holographic mark.

   

  7. The responsible person shall 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; and

  (b) customers are made aware of the availability of these measures.

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Conditions agreed with The Environmental Health Authority

   

  Public Nuisance

  1.              The deliveries of goods will be restricted to after 08.00am and before 06.00pm daily.

  2.              The movement of bins and rubbish outside the premises will be kept to a minimum after 11.00pm

  3.              All rubbish produced by the premises will be stored securely in a designated area or in a bin with a tight fitting/lockable lid.

  4.              Regular maintenance will be carried out on all plant equipment and machinery to ensure that emissions from such sources do not cause a statutory nuisance

   

  Steps that have been taken to promote The Four Licensing Objectives

   

  General

  1.              General supervision of the premises by experienced staff and management

  2.              The premises will seek to become a member of the local Pubwatch Scheme

  3.              Alcohol will only be served to diners at the premises

  4.              A proof of age policy will be in place

   

  The Prevention of Crime and Disorder

  1.              Polycarbonate drinking vessels will be used

  2.              The premises will be well lit at all times

  3.              Regular checks on public/toilet areas

  4.              No customers will be permitted to take open containers of alcoholic or soft drinks from the premises

   

  Public Safety

  1.              There shall be zero tolerance of drug use/drunkenness

  2.              Glasses and bottles will be removed from public areas as soon as they are empty

   

  The Prevention of Public Nuisance

  1.              Waste collection (private) will take place every day by a specialist contractor

   

  The Protection of Children from Harm

  1.              Children only accompanied by adults

   

  Conditions agreed with the Police Licensing Authority at the Variation to the Licence on October 2013

   

  Prevention of Crime and Disorder;

   

  Management Controls -

   

  1.              1.All staff shall be fully trained to perform their role. They will also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions.

  2.              2.Training shall be recorded in documentary form that will be available for inspection at the request at all reasonable times by an authorised officer from a relevant responsible authority. The records will be retained for at least 12months.

   

  CCTV -

  1.              1.The Premises Licence Holder will ensure that a CCTV system is fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document (www.informationcommissioner.gov.uk) regarding installation of CCTV is provided at the premises.

  2.              2.The CCTV equipment shall be maintained in good working order and continually record when licensable activity takes place and for a period of two hours afterwards.

  3.              3.The CCTV system shall cover all areas of the premises to which the public have access including any outside areas.

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

  5.              5.The CCTV system shall be capable of downloading images to a recognizable viewable format.

  6.              6.At all times the premises are open for business a member of staff shall be present who is capable of operating the CCTV system and downloading images at the request of police or other authorised officer.

  7.              7.The CCTV system shall be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises.

  8.              8.The Premises Licence Holder and/or Designated Premises Supervisor shall not allow any drinking vessel, glass or bottle to be taken from the premises.

   

  Late Night Refreshments/Take-aways/Restaurants/Food Provision;

   

  1.              1.The premises shall only operate as a restaurant where;

  (i)              Customers are shown to their table.

  2.              2.Waiter/Waitress service shall be available throughout the premises at all times.

  3.              3.Consumption of alcohol in the bar area is restricted to customers waiting to be escorted to a table.

  4.              4.Alcohol shall only be sold or supplied to customers who are engaging in a sit down table meal, as an ancillary to that meal.

   

  Protection of Children from Harm;

   

  Proof of Age Scheme

  1              1.The Premises License Holder or Designated Premises Supervisor shall ensure a sales refusal register is maintained to include details of all alcohol sales refused and the reason for refusal.  The refusals register should be made available to an authorized enforcement officer on request.

  2.              2.The Licence Holder or Designated Premises Supervisor shall ensure that new bar staff, supervisors and managers receive induction in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol.  Training shall be signed and documented and training records be made available to an enforcement officer on request.

   

   

   

  There will be no adult entertainment

   

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached