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Trading name: 

La Choza (pka Seasons Cafe)

Applicant name: 

La Choza Mexican Street Food Ltd

Address: 

36 Gloucester Road
Brighton
Brighton & Hove
BN1 4AQ

Application type: 
Premises Licence Transfer
Case status: 
Superseded
Decision: 
Grant with Conditions
Received date: 
Thursday 31 May 2012
Issued: 
Thursday 14 June 2012

Sale by Retail of Alcohol

Alcohol consumed: 
Both on and off the premises
Times: 
  • 12:30:00 - 16:30:00 Excluding Sundays
  • 17:30:00 - 21:30:00 Excluding Sundays
  • 12:00:00 - 16:00:00 Sunday
Current designated person
Name: 
Aoife Sweeney
From: 
Thursday 31 May 2012
Previous designated person
Name: 
Mr Kenneth Thomas Handley
From: 
Thursday 25 March 2010
To: 
Thursday 31 May 2012
Responsible authority: 
Police
Mandatory conditions

S 19; mandatory conditions where licence authorises supply of alcohol
- 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, or
(b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended
- every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence

1.—(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.
2. 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).

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

4.—(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.

5. 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.

Conditions consistent with the operating schedule

General

1. Authorised staff employed by Sussex Police in the role of licensing officer shall have the right of access to the licensed premises during hours of operation for the purpose of inspection of the premises and premises records in order to ensure the promotion of the licensing objectives.

2. Alcohol will be served by waiter/waitress service to persons seated at tables and ancillary to a main table meal only. There will be no vertical drinking.

3. The sale and supply of alcohol for consumption off the premises shall be restricted to an area agreed with the owner of the property as displayed within the building lease and or appropriate licence issued by Brighton & Hove City Council for use of tables and chairs on the outside area. No other forms of off sales of alcohol are permitted.

For the Prevention of Crime and Disorder

5. (a)Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System (PSDB Publication Number 09/05), operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises. The system shall be on and recording at all times the premises licence is in operation.
(b)The CCTV cameras and recording equipment must be of sufficient quality to work in all lighting levels inside the premises at all times.
(c)CCTV footage will be stored for a minimum of 31 days
(d)The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime.
(e)The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy.
(f)Subject to GDPR guidance and legislation, the management of the premises will ensure that key staff are fully trained in the operation of the CCTV, and will be able to download selected footage onto a disk (or other electronic portable device acceptable to Sussex Police) for the police without difficulty or delay and without charge to Sussex Police.
(g)Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable.
(h)In the event of the CCTV system hard drive being seized as evidence as part of a criminal investigation by Sussex Police or for any other reason, the premises will be expected to install a replacement hard drive or a temporary replacement drive as soon as practicable.

6. (a)An incident log will be maintained by the premises showing a detailed note of incidents that occur in the premises. The log will be inspected and signed off by the DPS (or a person with delegated authority) at least once a week.
(b)The log book should be kept on the premises and be available for inspection at all times the premises are open by authorised officers of the Licensing Authority or the police. An incident will be defined as being one which involves an allegation of a criminal offence.
(c)Any refusals made for alcohol service e.g. underage, will also be recorded (either in electronic or written form) and feedback given to staff as relevant. The log will be kept for a minimum of twenty four (24) months.

7. Customers will not be permitted to take drinks outside of the licensed area of the premises to consume whilst smoking or congregating outside of the premises. A sign will be affixed at the curtilage of the licensed area to advise patrons of this requirement.

8. The premises will become a member of the Business Crime Reduction Partnership or similar scheme approved by the Licensing Authority. The scheme must operate, subject to local coverage, radios and additionally an exclusion/banning scheme of named individuals within both the day and night time economy.

Public Safety - None

For the Prevention of Public Nuisance

9. Licensable activities shall cease and all customers departed from the outside area as follows:

o April - October 21.00hrs Monday - Saturday. 19:30hrs Sundays excluding when the next day is a Bank Holiday when 21:00hrs will apply.
o All other times of the year - 19:30hrs every day of the week.

10. In relation to licensable actives to the outside seating area, should the Table and Chairs licence and or lease stipulate times that require the premises to cease use of them earlier than stated on this premises licence, the lesser times will be adhered to.

11. Chairs and table shall be moved inside the premises or rendered unusable at close of trade each day.

12. There will be no groups of more than 6 persons seated together or split over more than one table within the outside seating area.

13. Notices will be displayed to remind customers using the outside area or leaving the premises to be considerate as the premises is located in a residential area.

14. When the outside seated area is in use, one (1) member of staff will be designated to manage the area.

15. Under the control of the premises, no music to be played outside.

16. There will be no alcoholic drinks promotions including no "Happy Hours".

For the Protection of Children from Harm

17. The premises will operate a "Challenge 25" policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age. The recommended forms of ID that will be accepted are passports, driving licences with a photograph, photographic military ID or proof of age cards bearing the 'PASS' mark hologram. The list of approved forms of ID may be amended or revised with the prior written agreement of Sussex Police and the Licensing Authority without the need to amend the licence or conditions attaching to it.

18. Suitable and sufficient signage advertising the "Challenge 25" policy will be displayed in prominent locations in the premises.

19. (a)The Premises Licence Holder shall ensure that all staff members engaged or to be engaged, in selling alcohol at the premises shall receive the following induction training. This training will take place prior to the selling of such products:
*The lawful selling of age restricted products
*Refusing the sale of alcohol to a person who is drunk
(b)Further verbal reinforcement/refresher training covering the above will be carried out thereafter at intervals not to exceed 8 weeks, with the date and time of the verbal reinforcement/refresher training documented.
(c)All such training undertaken by staff members shall be fully documented and recorded. All training records shall be made available to Sussex Police, officers of the local authority and officers from the Trading Standards team upon request. The above conditions apply to all staff including spouses, family members and friends who work in the premises and sell alcohol.

Conditions attached after a hearing by the licensing authority

Annex 3 – Conditions attached after a hearing by the licensing authority on 02/03/09

11. The premises will join the Brighton Crime Reduction Partnership whilst it is in existence or other similar scheme.

12. The premises will operate with café bar conditions and alcohol will be by waiter/waitress service to persons seated at tables. There will be no intentional vertical drinking.

13. Digital CCTV and appropriate recording equipment to be installed, operated and maintained throughout the premises internally to cover all public areas (including the external seating area via an internal camera) with sufficient numbers of cameras as agreed with Sussex Police. CCTV footage will be stored for a minimum of 28 days, and the management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is requested for the prevention and detection of suspected or alleged crime. The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy and will be changed when British Summer Time starts and ends.

14. Patrons will not be allowed to take drinks outside onto the pavement and street beyond the designated external customer seating area.

A small intimate restaurant seating 26 inside and 12 outside. Current opening hours 08:00-20:00 (Monday to Saturday) seeking to open until 22:00 (Monday-Saturday).