Plymouth City CouncilLicensing Office

Asian Box Restaurant

23 Mutley Plain, Mutley, Plymouth, Devon, PL4 6JG

Completed application 092597 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 17/10/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• sale and supply of alcohol

Additional Conditions

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

   

  No supply of alcohol may be made under this Premises Licence when there is no Designated Premises Supervisor in respect of the Premises Licence.

   

  No supply of alcohol may be made when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.

   

  Every supply of alcohol under this Premises Licence must be made or authorised by a Personal Licence holder.

   

  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.

   

  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).

   

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

   

   

  3.              (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.

   

  4.               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.

   

  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.  For the purposes of this condition -

   

  (b)              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

   

  (c)              “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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Conditions agreed with Devon & Cornwall Police

  Prevention of Crime and Disorder -

   

  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.

   

  Training of staff 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.

   

  An incident book shall be maintained to record any activity of a violent, criminal or anti-social nature. The record will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident.

   

  An incident book and training log shall be available for inspection at all reasonable times by an authorised officer of relevant responsible authority. The records will be retained for at least 12 months.

   

  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.

   

  The CCTV equipment shall be maintained in good working order and continually recording and cover all areas of the premises to which the public have access including outside frontage of the premises.

   

  Images shall be retained for a minimum of 30 days and be capable of downloading images to a recognizable viewable format.

   

       Protection of Children from Harm -

   

  All staff shall be trained in the requirements of the Challenge 25 policies.

   

  All staff shall be suitably trained in the operating procedures for refusing service to any person who appears to be under-age or intoxicated.

   

  Public Safety -

   

  The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.

   

  All alcohol will be served to the customer for on sales when they are seated and will be provided by waiter/waitress service.

   

  The Premises Licence Holder and/or Designated Premises Supervisor and/or Responsible Person shall not allow any open drinking vessel, glass or bottles containing alcoholic beverage to be taken from the premises.

   

  Late Night Refreshments -

   

  Supply of alcohol - Intoxicating liquor shall not be sold to a person to be consumed on the premises unless consumption by such a person is ancillary to a meal.

   

  Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption as an ancillary to meals served in the licensed premises.

   

  Off Sales of Alcohol for Delivery -

   

  All off sales of alcohol for delivery are to be ancillary to delivery of an ordered meal. 

   

  All alcohol sales will be completed by way of credit card or electronic money transfer prior to the commencement of the delivery of the alcohol.

   

  The right to refuse the sale of alcohol and informing customers that it is a criminal offence for a person under the age of 18 to purchase or attempt to purchase alcohol and that it is also an offence to purchase alcohol on behalf of a person under 18 when ordering alcohol with an order of food is to be in the terms and conditions of sale.

   

  Full address details, including postcode, must be given when placing and order.

   

  Alcohol and other goods can only be delivered to a residential address.

   

  Customers residing in shared accommodation will be advised when the driver will be arriving and to wait for the delivery at the front of the premises.

   

  Drivers will not deliver to any person anywhere other than at the residential address given when the order was placed.

   

  Drivers will refuse to complete the delivery if
  · The person purchasing the alcohol is not present
  · The purchaser refuses to produce identification

  · The purchaser is deemed under the influence of drugs

  · The purchaser is deemed intoxicated
  · The driver suspects the purchaser to be under the age of 18 years

  ·The alcohol being purchased is not for consumption by a person under the age of 18.

  · The driver suspects the person who is making the order has given false or misleading details

   

  All refused deliveries will be documented in a refusals register.

   

  The refusals register will be retained for at least 12 months and produced immediately on request by any member of a responsible authority.

   

  The minimum age of drivers is to be 18.

   

  Drivers will Challenge under 25`s - if they consider recipient of alcohol appears to be under the age of 25. Alcohol is not to be handed over unless acceptable identification is produced.

   

   

  Under no circumstances should the driver leave their engine running or any audio equipment playing whilst the car is stationary and engaged in a delivery of alcohol or food.
   

  Drivers will inform customers that it is a criminal offence for a person under the age of 18 to purchase or attempt to purchase alcohol and that it is also an offence to purchase alcohol on behalf of a person under 18 when ordering alcohol with an order of food.

   

  All drivers are to be fully trained to perform their role. The Premises Licence Holder and/or Designated Premises Supervisor and/or Responsible person shall ensure that all staff are trained in the legality and procedure of alcohol sales, using the SWERCOTS on-line training pack or equivalent, prior to undertaking the sale of alcohol and then at least every six months. They will also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions.

   

  Training shall conducted every 6 months and 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 3 years.

   

  Random checks will be conducted by management on delivery drivers regarding their knowledge and understanding of underage policy.
  A record will be kept of all random checks. This will be retained for at least 12 months and produced immediately on request by any member of a responsible authority.
   

  All drivers are to be instructed to drive responsibly

   

  If the delivery is not made for any reason the driver is to return it to the shop/store.

   

  Conditions agreed with Environmental Health Department

   

  Suitable signage will be positioned sat the exit to request the co-operation of patrons, in particular to make as little noise as possible when leaving the premises

  Patrons will be asked not to stand around talking in the street outside the premises or any car park, and asked to drive away as quickly as possible

  The deliveries of goods are restricted to the normal working day. 

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

  All commercial waste collection will be arranged for after 8am in residential areas.

  Regular maintenance will be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.

  A specific taxi operator has been nominated for staff and customers use.  The    company’s telephone number is advertised to customers. The operator, and all drivers, are aware that they should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily. In addition, staff are required to leave as quietly as possible, particularly at night and early in the morning.

  Facilities for depositing litter and the collection of litter generated by patrons will be available and maintained.

   

   

   

   

   

   

   

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

   

  None

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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