LICENSING SUB COMMITTEE

Transcription

1 Public Document Pack LICENSING SUB COMMITTEE Jimmy Spices, Unit 3, 134 High Street, Watford Monday, 18th July, am Town Hall, Watford Please note the start time of this meeting Publication date: 8 July 2011 CONTACT If you require further information or you would like a copy of this agenda in another format, e.g. large print, please contact Jodie Kloss in Legal and Property Services on or by to legalanddemocratic@watford.gov.uk (Minicom available on ).

2 Welcome to this meeting. We hope you find these notes useful. ACCESS Access to the Town Hall after 5.15 pm is via the entrance to the Customer Service Centre from the visitors car park. Visitors may park in the staff car park after 4.00 p.m. and before 7.00 a.m. This is a Pay and Display car park; the current charge is 1.50 per visit. The Committee Rooms are on the first floor of the Town Hall and a lift is available. Induction loops are available in the Committee Rooms and the Council Chamber. FIRE/EMERGENCY INSTRUCTIONS In the event of a fire alarm sounding, vacate the building immediately following the instructions given by the Democratic Services Officer. Do not use the lifts Do not stop to collect personal belongings Go to the assembly point at the Pond and wait for further instructions Do not re-enter the building until authorised to do so. MOBILE PHONES Please ensure that mobile phones are switched off before the start of the meeting.

3 COMMITTEE MEMBERSHIP Councillors J Brown, K Brodhurst, J Connal, K Crout, G Derbyshire, J Dhindsa, K Hastrick, P Jeffree, C Leslie, A Mortimer, F Qureshi, D Scudder, L Scudder, T Taj and D Walford The Sub-Committee to comprise three members from those listed above. AGENDA PART A - OPEN TO THE PUBLIC 1. COMMITTEE MEMBERSHIP/ ELECTION OF A CHAIR The Sub-Committee membership to be confirmed and a Chair to be elected for the Hearing. 2. DISCLOSURE OF INTERESTS (IF ANY) 3. APPLICATION FOR A NEW PREMISES LICENCE: JIMMY SPICES, UNIT 3, 134 HIGH STREET, WATFORD, WD17 1NA (REF: 11/00542/LAPRE) (Pages 1-64) Report of the Head of Environmental Services This report asks the Sub-Committee to consider an application for a new premises licence for the above premises following the receipt of representations.

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5 Agenda Item 3 PART A Report to: Date of meeting: 18 July 2011 Report of: Title: Licensing Sub-Committee Head of Environmental Services Application for a New Premises Licence: Jimmy Spices, Unit 3, 134 High Street, Watford, WD17 1NA 11/00542/LAPRE 1.0 SUMMARY 1.1 An application has been made by East & West Restaurants 4 Limited for a new premises licence for Jimmy Spices, Unit 3, 134 High Street, Watford, WD17 2EN. Fifteen relevant representations have been received from local residents as interested parties. Three of the representations have been made on behalf of the Smith Street Residents Group. 2.0 RECOMMENDATIONS 2.1 That the Licensing Sub-Committee determines whether to grant the application (amended where necessary for the promotion of the licensing objectives) as set out in the report. Contact Officer: For further information on this report please contact: Oliver Rawlings, Licensing Officer telephone : oliver.rawlings@watford.gov.uk Report approved by: Alan Gough, Head of Environmental Services Page 1

6 3.0 APPLICATION 3.1 Type of authorisation applied for New premises licence 3.2 Description of premises The applicant describes the proposed premises as Restaurant on the first floor with a small waiting area for 20 persons with dining area for 364 persons. The restaurant offers multi-cuisine of a range of Indian, Thai, Italian and Chinese dishes on a buffet basis. There is no outside drinking area. The premises will be situated on the first floor of a new development of residential and commercial premises situated at the junction between the High Street and Kings Street. This development has been referred to as The Met Quarter. Public access to the premises will be via a stairway which will be located on the High Street. The premises falls within the description of Restaurants given in policy LP1 and the location is in the town centre as defined in Policy LP A map of the location of the premises is attached at appendix 1. A plan of the premises is attached at appendix Licensable activities On the 08 June 2011 the applicants representative amended the application withdrawing a number of licensable activities and amending the hours requested for the remaining activities. The amendment was made following discussions with the responsible authorities and comments made by residents. Licensable activity Originally applied for Now applied for Plays Withdrawn Films Withdrawn Indoor sports events N/A N/A Boxing or wrestling entertainment N/A N/A Live music Withdrawn Recorded music Withdrawn Performances of dance Withdrawn Anything of a similar description to Withdrawn live or recorded music or dance Provision of facilities for making Withdrawn music Provision of facilities for dancing Withdrawn Provision of facilities of a similar description to making music or dancing Withdrawn Provision of late night refreshment Sale by retail of alcohol for consumption on the premises Sale by retail of alcohol for consumption off the premises Withdrawn Page 2

7 3.5 Licensable hours The amended hours for licensable activities and premises opening are detailed in the table below. The applicant originally sought to allow licensable activities between 08:30 01:00 everyday with the premises closing at 01:30. Amended hours for sale of alcohol (as amended) Amended hours for late night refreshment (as amended) Amended hours premises open to the public (as amended) Monday 08:30 00:00 23:00 00:00 08:30 00:30 Tuesday 08:30 00:00 23:00 00:00 08:30 00:30 Wednesday 08:30 00:00 23:00 00:00 08:30 00:30 Thursday 08:30 00:00 23:00 00:00 08:30 00:30 Friday 08:30 00:00 23:00 00:00 08:30 00:30 Saturday 08:30 00:00 23:00 00:00 08:30 00:30 Sunday 08:30 00:00 23:00 00:00 08:30 00:30 Monday or Tuesday after a 08:30 23:30 23:00 23:30 08:30 00:00 Bank Holiday New Years Eve 08:30 00:00 23:00 00:00 08:30 00: BACKGROUND INFORMATION 4.1 The following background information is known about these premises: 4.2 Designated premises supervisor Mr Andrew Potts 4.3 Current licences held No licences are held as the premises have not been constructed. 4.4 Closing date for representations 23 June Public notice published in newspaper 20 May Visits and Enforcement action There have not been any visits or enforcement action as the premises has yet to be constructed. 5.0 PROMOTION OF LICENSING OBJECTIVES The wording in this section is taken directly from section P of the application. Page 3

8 5.1 General The applicant wishes to incorporate the following paragraphs/conditions from the Licensing Act 2003 Pool of Model Conditions relating to Watford Borough Council (see appendix 3): Number: 1, 3, 12, 14, 17, 22, 35, 36, 37, 39 as amended and set out below, 41, 72, 77, 79 and : The supply of alcohol at the premises shall only be to a person either waiting to be seated or taking a table meal there and for consumption by such person as ancillary to their meal. 5.2 The prevention of crime and disorder Please see general conditions selected from pool as above. 5.3 Public safety Please see general conditions selected from pool as above. 5.4 Prevention of public nuisance Please see general conditions selected from pool as above. 5.5 The protection of children from harm The premises shall adopt the Challenge 21 scheme and appropriate signage will be placed at the entrance to the premises and adjacent to any bar servery. The premises will operate a policy whereby any person attempting to buy alcohol or any person attempting to gain entry to the premises who appears to be under 21 will be asked for photographic ID to prove their age. The only ID that will be accepted is a passport, driving licence with a photograph or an accredited proof of age card bearing the PASS mark hologram. 6.0 RESPONSIBLE AUTHORITIES 6.1 Police No representations 6.2 Fire and Rescue Service No representations 6.3 Environmental Health No representations 6.4 Planning No representations 6.5 Trading Standards No representations 6.6 Child Protection No representations Page 4

9 7.0 INTERESTED PARTIES 7.1 One of the fifteen relevant representations was withdrawn after all parties were informed of the amendments made to the application on 08 June The remaining fourteen representations from interested parties are attached at appendix 4. Reference letter A Name Address Representative Body (Yes/No) Mrs Linda Ryder 1A Smith Street B Mr Liam Egan 2 Smith Street C D E Mrs Collette Fahy David Whyte & Heidi Robertson Mr Russell Peace 3 Smith Street 4 Smith Street 9 Smith Street NO NO NO YES NO Relevance to which licensing objective Crime and disorder, Public safety, Public nuisance & Protection of children from harm. Crime and disorder, Public safety & Public nuisance. Crime and disorder & Public nuisance. Crime and disorder, Public safety, Public nuisance & Protection of children from harm. Crime and disorder, Public safety, Public nuisance & Protection of children from harm. Public nuisance. F Mr & Mrs Gelfs 11 Smith Street NO G Mr & Mrs Bain 4 The Mews NO Crime and disorder, Public safety, Public nuisance & Protection of children from harm. H The One Crown 156 High Street I Mrs Ling Weng 3 Granville Road J Florence 18 Granville Mortimer & Road Robin Bailey Page 5 NO NO NO Crime and disorder, Public safety, Public nuisance & Protection of children from harm. Public nuisance. Crime and disorder & Public nuisance.

10 K L M Mr Brian Sanders Mr Terence Smith Mr Alfonso Pumilia 24 Granville Road 12 The Crescent 40 The Crescent N Ms Ester Rees 42A The Crescent YES YES NO NO Crime and disorder, Public safety & Public nuisance. Crime and disorder, Public safety, Public nuisance & Protection of children from harm. Crime and disorder, Public safety, Public nuisance & Protection of children from harm. Crime and disorder, Public safety, Public nuisance & Protection of children from harm. 7.2 The recurring theme throughout the representations is concerns of potential crime and disorder and public nuisance from customers of the premises, particularly those that have consumed alcohol. Some of the residents ask whether there will be any security at the premises to help control this. 7.3 Many of the representations have raised concerns regarding the issue of parking for customers using the premises and the nuisance that this will cause. Policy LP8 allows the sub-committee to consider this matter in the context of preventing public nuisance. 7.4 The issue of deliveries to the premises has been raised under the objectives of both public safety and public nuisance. This topic was considered when planning permission was applied for and the planning authority imposed a condition limiting the hours that the site could be serviced via the service yard accessed from Smith Street. (see appendix 5). 7.5 A number of representations suggest that the capacity of the premises should be limited on the grounds of public safety and public nuisance. The occupancy limit will be set under the Building Regulations (Part B) by the authorised officer in conjunction with the Fire Service. This is all based around how many fire exits etc there are and so how quickly people can be safely evacuated in case of fire. Policy LP7 states that the imposition of occupancy limits will only be considered for night clubs and other premises where regulated entertainment is provided. Therefore, the capacity should not be limited based on public safety as it would be a duplication of other legislation and to impose a limit based on public nuisance would be departing from the Council s licensing policy (see paragraph 11.10). Page 6

11 7.6 A number of the representations detail concerns related to potential crime and disorder from customers who have consumed alcohol at the premises. Historically this has not proved to be an issue associated with restaurant premises in Watford. Members should attach the appropriate amount of weight to these concerns, when considering the representations. 7.7 Representation H received from The One Crown states that a 2am licence will encourage drink driving and that it will affect the public house s business. There is no evidence to support the claim regarding the link with drink driving and the effect on the public house s trade is not a material consideration under any of the four licensing objectives. 8.0 POLICY CONSIDERATIONS 8.1 The following provisions of the Licensing Act 2003 apply to this application: Section 17, 18 (application for a premises licence): Section 17 details the process which the applicant must have followed for the application to be considered valid. Section 18 describes the process by which an application for a premises licence is determined, including where relevant representations have been made as in this case. Sections 19, 21 (mandatory conditions): Section19 details the mandatory conditions that would apply to this premises licence if granted to include the supply of alcohol. Section 21 details the mandatory conditions that would apply if the sub-committee was minded to impose a condition requiring the premises to have door supervisors. 8.2 The following provisions of the Secretary of State s guidance apply to this application: Paras : These paragraphs explain how steps should be taken to promote the licensing objectives. It is for the Sub-Committee to decide in light of this guidance whether the measures offered by the applicant are adequate and likely to promote the licensing objectives. It is equally important to use the same measure when looking at any steps requested by a party making representation against an application. Chapter 10: This chapter looks at best practice in relation to conditions that may be attached to a premises licence by the Sub-Committee, should they believe that these are necessary to promote the licensing objectives. Any additional conditions requested by the responsible authorities should be considered with reference to this chapter. Annex D: This annex contains a pool of model conditions which it is suggested an applicant should consider when preparing an operating schedule. If Page 7

12 the sub-committee believe that additional conditions are needed to promote the licensing objectives then they can make reference to those listed in this part of the guidance. It is highlighted that: Under no circumstances should licensing authorities regard these conditions as standard conditions to be automatically imposed in all cases. 8.3 The following paragraphs of the licensing authority s statement of licensing policy apply to this application: Policy LP1 (Premises Definitions): Under this policy the premises is defined as a Restaurant. Policy LP2 (Location and Operation of Premises): This policy sets out the approach to licensing premises when relevant representations are received, not withstanding that each application is considered on its own merits. The premises which are the subject of this application fall within the Town Centre (as defined in Policy LP3) and as such this policy states that Restaurants Will generally be allowed licensable activities to 2am only (other than for special occasions). Policy LP3 (Creating a Family Friendly Town Centre): This is a special policy which applies to this part of the town centre, which is intended to be strictly applied. Point 2 of the policy states Where relevant representations to an application for a restaurant, café or premises providing other nonalcoholic licensable activities (as defined in LP1) are received, our starting point will be to grant the application subject to conditions to address those representations. Point 4 of the policy states Where relevant representations have been received, we will consider granting applications which limit the hours of operation to those set out in policy LP2 unless exceptions to LP3 can be shown. Policy LP6 (Prevention of Crime and Disorder): This policy details the factors that will be considered when a relevant representation is received based on this licensing objective. As the premises are not constructed the applicant has not been able to carry out a crime prevention audit at the premises as suggested by this policy. A condition requiring this to take place before the premises are open may be included in the licence. Policy LP7 (Public Safety): This policy details that the licensing authority wants to ensure the safety of everyone on licensed premises and the areas that can be looked at when relevant representations are received. Policy LP8 (Prevention of Public Nuisance) Page 8

13 Under this policy the committee will consider any necessary measures to deal with the potential for public nuisance and/or anti-social behaviour where relevant representations have been received. Policy LP9 (Protection of children from harm): This policy details the licensing authorities approach when relevant representations are received in relation to protecting children from harm. Policy LP11 (Representations against Applications) This policy recommends the type of information that should be included in a representation. It also explains how representations will be dealt with. 8.4 The Committee is reminded of their duty under the Crime and Disorder Act 1998 to consider the crime and disorder implications of their decisions and the authority s responsibility to co-operate in the reduction of crime and disorder in the Borough. 8.5 The Committee is reminded that the Human Rights Act 1998 guarantees the right to a fair hearing for all parties in the determination of their civil rights. The Act also provides for the protection of property, which may include licences in existence, and the protection of private and family life. 9.0 RELEVANT TRADE OR OTHER GUIDANCE None 10.0 CONDITIONS 10.1 Consistent with operating schedule See appendix Conditions proposed by the responsible authorities and/or interested parties The interested parties have suggested conditions that they consider should be attached to any granted premises licence. These include: Alcohol sales Alcohol is only served to those seated having a table meal and served by a waiter. Delivery hours Delivery vehicles restricted to normal working day and exclude deliveries and collections at weekends and Bank Holidays. Restrict delivery trucks to normal working hours. Deliveries should be restricted to Monday to Friday 8am-6pm. Make all the deliveries in the High Street only. Operating hours Reduction of licensing hours. Page 9

14 11pm licence. Restaurant not to open before 09:30 Monday to Sunday and 10:30 Sunday. Monday to Saturday last drinks served at 23:30 and premises closed by 00:00. On Sunday last drink served at 22:30 and premises closed by 23:00. Restaurant to close by 23:30. Licence restricted to 23:00. Last drinks 23:30 and premises closed by 00:00. Public nuisance No late night cleaning of premises, bottling up, bins being moved at late hours. Restrict these activities to normal working hours. Restrict bottling up process to normal working hours. Clearing of premises, refuse disposal (particularly glass bottles) and bins being moved should only be done between the hours of 08:00-18:00 Monday to Friday and 10:00-18:00 on weekends. Signs up asking patrons to leave quietly. Signs clearly displayed near exits requesting patrons to leave quietly as they are in a residential area. The entrance/exit doors should not be left wide open during the hours of operation. Windows should be closed between 18:00 and the close of business. Public safety Door staff employed at the weekend. Door staff should be in place on Friday, Saturday and Sunday nights. Reduce capacity. Reduction of scale of venue. Capacity reduced to Pool of Model Conditions The licensing authority also has its own pool of model conditions. The following conditions are suggested by Officers to address the concerns of the interested parties. The Sub-Committee may consider whether any of the suggested conditions [modified or otherwise] ought to be included on the licence to promote the licensing objectives: Condition 68. No glass waste including bottles shall be handled externally after 23:00 with the exception of the collection of empty glasses from the outside drinking area and streets in the vicinity of the premises. Reason To address the representations concerning noise late at night. This is necessary, proportionate, reasonable and within the applicant s power to comply.. Page 10

15 NB: The premises have not currently applied for a pavement licence and are not proposing to have an outside drinking area. The bin/recycling stores are all located within the premises. This is necessary, proportionate, reasonable and within the applicant s power to comply 10.4 It is for Members to decide, in light of the representations and evidence, whether any of the above proposed conditions (amended or otherwise) are necessary, proportionate and reasonable to promote the licensing objectives. In undertaking this exercise Members should take into account the harm that the condition would prevent and the applicant s resources in being able to comply with it OFFICERS OBSERVATIONS 11.1 The applicant s amendment of the application on 08 June 2011 bought the requested hours and activities in line with the conditional planning permission granted under the Town and Country Planning Act Although planning and licensing are two completely separate regimes it is useful to be aware of the decision notice dated 10 March 2011 so it is attached at appendix Condition 14 of the planning permission only allows the property to be used for Class A3 of the Town and Country Planning Order 1987 (as amended). The premises could therefore only be used for the sale of food or drink for consumption on the premises or of hot food for consumption off the premises. The applicants amendment removed all regulated entertainment in line with this planning condition Condition 15 of the planning permission gives times between which members of the public and customers shall not be permitted on the premises and Tuesdays (except as below) to Fridays and Saturdays and Sundays and Mondays and Tuesdays following a Bank Holiday Monday The applicants amendment shortened the requested licence hours in line with this condition Both of the above planning conditions were made to safeguard the amenity of neighbouring residential uses and occupiers A number of the concerns raised in the representations are addressed by the conditional planning permission so having knowledge of this should help to avoid unnecessary duplication of obligations under other legislation The concerns raised about the deliveries are addressed in Condition 17 which states: No servicing of the development from the service yard on Smith Street shall take place before or after Mondays to Fridays, before or after on Saturdays and not at all on Sundays and public holidays. Page 11

16 This condition was put in place to safeguard the amenity and quiet enjoyment of neighbouring residential occupiers Conditions 13 and 18 of the planning permission address some of the concerns around waste disposal. No restaurant premises shall be occupied until the bin/recycling store is constructed and there shall be no outside storage of goods, materials, waste or packaging within the service yard at any time. The developers have confirmed that all of the restaurant premises will have internal bin stores so there should be no disturbance from any clearing up carried out after the premises has closed It was noted when the application was received that two of the offered licence conditions were in conflict. Condition 17: There shall be no sales of alcohol for consumption off the premises. Condition 37: Sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to, a take-away meal. When the application was amended the applicants representative confirmed that condition 17 was correct and that there would be no off-sales of alcohol. As such condition 37 will not appear on any granted premises licence If the sub-committee is minded to restrict the hours of the premises beyond those detailed in this report then regard should be given to Policy LP2 and Policy LP3. The application is already within the hours detailed in LP2 so to restrict them further would be to depart from the Licensing Policy The sub-committee have a duty to have regard to the policy but are not bound by it. However, should Members wish to depart from the policy then detailed reasons for this must be given as part of any decision LP3 states that where relevant representations are received in relation to an application for a restaurant, the starting point should be to grant the application subject to conditions to address those representations. Therefore it is for Member to decide if the conditions offered by the applicant are sufficient to address the concerns of the interested parties and promote the licensing objectives. Page 12

17 Appendices Appendix 1 map of the premises location Appendix 2 plan of the premises Appendix 3 conditions offered by the applicant Appendix 4 representations from interested parties Appendix 5 planning decision notice Appendix 6 draft licence (11/00542/LAPRE) Background Papers The following background papers were used in the preparation of this report. If you wish to inspect or take copies of the background papers, please contact the officer named on the front page of the report. Licensing Act 2003 Guidance issued under section 182 of the Licensing Act 2003 (DCMS, October 2010) Licensing Act (Hearings) Regulations 2005 Watford Borough Council Licensing Policy 2011 File Reference Jimmy Spices Page 13

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19 01 July 2011 Not Set 1:1000 Page 15 Reproduced from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationary Office Crown Copyright Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Date: SLA: Scale Produced using ESRI (UK)'s MapExplorer

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23 Applicant s offered conditions (Taken from Watford Borough Council s Pool of Model Conditions) 1. The premises shall install and maintain a comprehensive CCTV system to the satisfaction of Hertfordshire Constabulary. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period. 3. There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol. 12. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance. 14. Loudspeakers shall not be located in the entrance lobby or outside the premises building. Loudspeakers and other sound amplification equipment must not be directed outwards towards any street or installed externally to the Premises. 17. There shall be no sales of alcohol for consumption off the premises. 22. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly. 35. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times. 36. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2300 hours and 0800 hours. 37. Sales of alcohol for consumption off the premises shall only be supplied with, and ancillary to, a take-away meal. (Removed as part of amendment 08 June 2011 as it contradicts condition 17) 39. The supply of alcohol at the premises shall only be to a person either waiting to be seated or taking a table meal there and for consumption by such person as ancillary to their meal. 41. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises during the periods when alcohol is authorised for sale. 72. The designated premises supervisor should attend a formal training course on avoiding underage sales such as National Certificate for Designated Premises Supervisors or the BIIAB Award in Responsible Retailing, and provide evidence of attendance if requested. 77. The Licensee shall comply with all reasonable crime prevention and/or public safety measures that may be required by the Licensing Authority and/or the Page 19

24 Environmental Health Officer and/or Hertfordshire Constabulary and which are consistent with the premises operating Schedule. 79. The Licensee shall make arrangements to ensure so far as is reasonably practicable that no customers shall be permitted to remove from the Premises any open bottles, glasses or foodstuff for consumption or disposal outside the Premises. 90. All drinks promotions will be subject to consultation with the police and licensing authority for suitability prior to the promotion. Page 20

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61 [NB: This licence been prepared by officers for consideration by the Sub-Committee. It may be refused or amended]. Licensing Act 2003 Schedule 12 Part A Regulation 33,34 Premises Licence Premises Licence Number 11/00542/LAPRE Part 1 Premises Details Postal address of premises, or if none, ordnance survey map reference or description, including Post Town, Post Code Jimmy Spices Unit High Street Watford WD Telephone number Where the licence is time limited the dates From - 18 July 2011 Licensable activities authorised by the licence and the times the licence authorises the carrying out of licensable activities Sale of alcohol by retail Monday to Sunday 08:30 00:00 Monday or Tuesday (after Bank Holiday) 08:30 23:30 Late night refreshment Monday to Sunday 23:00 00:00 Monday or Tuesday (after Bank Holiday) 23:00 23:30 The opening hours of the premises Monday to Sunday 08:30 00:30 Monday or Tuesday (after Bank Holiday) 08:30 00:00 Where the licence authorises supplies of alcohol whether these are on and / or off supplies Alcohol is supplied for consumption on the premises JIMMY SPICES DRAFT PREMISES LICENCE Page 57

62 Part 2 Name, (registered) address, telephone number and (where relevant) of holder of premises licence East and West Restaurants Ltd Station Road Solihull West Midlands B91 3RX Registered number of holder, for example company number, charity number (where applicable) Name, address and telephone number of designated premises supervisor where the premises licence authorises for the supply of alcohol Andrew Potts 86 Dunblane Drive Lemington Spa CV32 7TP Personal licence number and issuing authority of personal licence held by designated premises supervisor where the premises licence authorises for the supply of alcohol Personal Licence Number: Licensing Authority: Stratford On Avon District Council JIMMY SPICES DRAFT PREMISES LICENCE Page 58

63 Annex 1 Mandatory conditions 1. 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 Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence. 3 Any individual employed on the premises to conduct a security activity (within the meaning of section paragraph 2(1)(a) of schedule 2 to the Private Security Industry Act 2001) must be licensed by the Security Industry Authority. (NB: This condition will only be included if a condition is added to the licence requiring security) 4 (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. 5 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). 6 The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available. 7 (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. JIMMY SPICES DRAFT PREMISES LICENCE Page 59

64 (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. 8 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. JIMMY SPICES DRAFT PREMISES LICENCE Page 60

65 Annex 2 Conditions consistent with the Operating Schedule 1. The premises shall install and maintain a comprehensive CCTV system to the satisfaction of Hertfordshire Constabulary. All entry and exit points will be covered enabling frontal identification of every person entering in any light condition. The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises. All recordings shall be stored for a minimum period of 31 days with date and time stamping. Recordings shall be made available immediately upon the request of Police or authorised officer throughout the preceding 31 day period. 2. There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol. 3. No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance. 4. Loudspeakers shall not be located in the entrance lobby or outside the premises building. Loudspeakers and other sound amplification equipment must not be directed outwards towards any street or installed externally to the Premises. 5. There shall be no sales of alcohol for consumption off the premises. 6. Notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and leave the area quietly. 7. All waste shall be properly presented and placed out for collection no earlier than 30 minutes before the scheduled collection times. 8. No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2300 hours and 0800 hours. 9. The supply of alcohol at the premises shall only be to a person either waiting to be seated or taking a table meal there and for consumption by such person as ancillary to their meal. 10. Substantial food and non-intoxicating beverages, including drinking water, shall be available in all parts of the premises where alcohol is sold or supplied for consumption on the premises during the periods when alcohol is authorised for sale. 11. The designated premises supervisor should attend a formal training course on avoiding underage sales such as National Certificate for Designated Premises Supervisors or the BIIAB Award in Responsible Retailing, and provide evidence of attendance if requested. 12. The Licensee shall comply with all reasonable crime prevention and/or public safety measures that may be required by the Licensing Authority and/or the Environmental Health Officer and/or Hertfordshire Constabulary and which are consistent with the premises operating Schedule. 13. The Licensee shall make arrangements to ensure so far as is reasonably practicable that no customers shall be permitted to remove from the Premises any open bottles, glasses or foodstuff for consumption or disposal outside the Premises. 14. All drinks promotions will be subject to consultation with the police and licensing authority for suitability prior to the promotion. JIMMY SPICES DRAFT PREMISES LICENCE Page 61

66 Annex 3 Conditions attached after a hearing by the licensing authority JIMMY SPICES DRAFT PREMISES LICENCE Page 62

67 Annex 4 Plans Jimmy Spices, High Street, King Street, Watford Drawing number: 10/2726/28 Dated: May 11 JIMMY SPICES DRAFT PREMISES LICENCE Page 63

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