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Trading name: 

Nuposto

Applicant name: 

Springardi Limited

Address: 

Ground Floor
Travelodge
12 - 14 West Street
Brighton
Brighton & Hove
BN1 2RE

Application type: 
Premises - variation
Case status: 
Licence Superseded
Decision: 
Grant with Conditions
Received date: 
Wednesday 1 March 2017
Issued: 
Friday 25 May 2018
Expiry date: 
Sunday 5 May 2024

Performance of Dance

Times: 
  • 18:00:00 - 23:30:00 Every Day

Performance of Live Music

Times: 
  • 18:00:00 - 22:30:00 Every Day

Performance of Recorded Music

Times: 
  • 20:00:00 - 01:30:00 Friday-Saturday
  • 20:00:00 - 00:30:00 Monday
  • 20:00:00 - 23:30:00 Sunday
  • 20:00:00 - 01:30:00 Thursday
  • 20:00:00 - 00:30:00 Tuesday
  • 20:00:00 - 00:30:00 Wednesday

Late Night Refreshment

Times: 
  • 23:00:00 - 02:00:00 Friday-Saturday
  • 23:00:00 - 01:00:00 Monday
  • 23:00:00 - 00:00:00 Sunday
  • 23:00:00 - 02:00:00 Thursday
  • 23:00:00 - 01:00:00 Tuesday
  • 23:00:00 - 01:00:00 Wednesday

Opening hours

Alcohol consumed: 
Both on and off the premises
Times: 
  • 07:00:00 - 02:00:00 Friday-Saturday
  • 07:00:00 - 01:00:00 Monday
  • 07:00:00 - 00:30:00 Sunday
  • 07:00:00 - 02:00:00 Thursday
  • 07:00:00 - 01:00:00 Tuesday
  • 07:00:00 - 01:00:00 Wednesday

Sale by Retail of Alcohol

Alcohol consumed: 
Both on and off the premises
Times: 
  • 11:00:00 - 01:30:00 Friday-Saturday
  • 11:00:00 - 00:30:00 Monday
  • 11:00:00 - 00:00:00 Sunday
  • 11:00:00 - 01:30:00 Thursday
  • 11:00:00 - 00:30:00 Tuesday
  • 11:00:00 - 00:30:00 Wednesday
Previous designated person
Name: 
Mr Paquale Biscardi
From: 
Wednesday 3 October 2018
To: 
Thursday 11 January 2024
Previous designated person
Name: 
Burhan Zagragjaj
From: 
Tuesday 15 May 2018
To: 
Tuesday 25 September 2018
Previous designated person
Name: 
Pasquale Biscardi
From: 
Friday 21 October 2016
To: 
Monday 14 May 2018
Previous designated person
Name: 
Thomas Robert Allan Hetherington-Cleveriex
From: 
Wednesday 27 July 2016
To: 
Friday 21 October 2016
Previous designated person
Name: 
Helen Springer
From: 
Wednesday 18 September 2013
To: 
Wednesday 27 July 2016
Previous designated person
Name: 
John Minor
From: 
Friday 23 October 2009
To: 
Tuesday 25 June 2013
Responsible authority: 
Fire Service
Consultation period closes: 
Wednesday 29 March 2017
Responsible authority: 
Police
Consultation period closes: 
Wednesday 29 March 2017
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.

Mandatory conditions

S 21; mandatory condition: door supervision
- where a premises licence includes a condition relating to security activity, the licence must include a condition that each individual must be licensed by the Security Industry Authority (there are exemptions re theatre and films and clubs)

Conditions consistent with the operating schedule

Annex 2 - Conditions consistent with operating schedule:

For the Prevention of Crime and Disorder:

1) In the area cross hatched on the attached plan, alcohol may be served by waiter/waitress service to persons seated at tables.

2) All patrons shall be seated at tables or the bar and all service and consumption of alcohol shall be by waiter/waitress service to tables or the bar, and ancillary to a table meal in the main area of the premises, with the exception of the cross hatched area above. However upon first arrival customers in the main area of the premises who are having alcohol ancillary to a table meal may place an order for alcohol with food, and will be permitted to take alcohol from the bar/ordering area to the seating area immediately after placing their food order, where the alcohol will then be consumed whilst the customer is seated. All subsequent orders/supplies of alcohol however must be by waiter/waitress service to those same customers whilst they remain seated at their tables, and must still be ancillary to a table meal.

3) There shall be two SIA registered door staff on duty on a Friday and Saturday night. The provision of SIA door staff Sunday through to Thursday will be by internal written risk assessment. A documented risk assessment must be written by the Designated Premises Supervisor and agreed by Sussex Police, which identifies the activities undertaken at the premises and the controls necessary to promote the licensing objectives. It will include a written assessment demonstrating what considerations have been made for both normal day to day activities and any special events or functions which may arise during the year. This document shall be immediately available for inspection by the Police and the Licensing Authority, upon request. SIA trained and licensed door supervisors shall be employed on occasions when a requirement is identified by the licence holder's risk assessment or requested by Sussex Police over and above the provision of two door staff on a Friday and Saturday night as per the premises licence conditions.

4) The premises will join the BCRP (Business Crime Reduction Partnership) whilst it is in existence or other similar scheme. The premises will support the BCRP and will attend scheduled meetings.

5) All door supervisors will be linked by radio. There will be clickers employed to monitor and control movement of patrons and ensure capacity limits are adhered to. For added security search wands will be available for use.

6) Door Supervisors, ancillary provisions:

o Records shall be maintained at the premises containing the full name, date of birth and home address of every door supervisor.
o On initial employment of the door supervisor, authentic proof of identity shall be obtained in the form of a passport, driver's licence or a birth certificate.
o The record shall include all dates and times when a door supervisor is employed.
o If staff are employed through an agency, the name and address of the agency must be included in the entry referring to the person employed by the agency.
o Any such record must be in a form approved by the Licensing Authority. [In the event that no form is either issued or approved by the Licensing Authority, the management may draft their own form but this must contain all the information stipulated in this section].
o The DPS (or in the absence of the DPS the person with delegated authority) will ensure door supervisors display their SIA badges at all times they are on duty.

7) Digital CCTV and appropriate recording equipment to be installed, operated and maintained throughout the premises externally and internally (including the basement) to cover all public areas 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.

8) Preventative measures will be in place for deterrent of drug abuse. Including regular checks of the restroom areas. CCTV to be placed on corridor leading to toilets. Cisterns placed behind walls in the toilets and staff to be vigilant of any suspicious behaviour that will be reported to management. 0% tolerance to drug abuse via notices.

For Public Safety:

9) A taxi booking service will be available to diners where the premises will call up a taxi upon the request of the customer to pick up from the premises.

For the Prevention of Public Nuisance:

10) The premises will gradually reduce the music level thirty minutes before closing to encourage a natural exiting of the premises by customers.

For the protection of children from harm:

11) 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 only forms of ID that will be accepted are passports, driving licences with a photograph or Portman Group, Citizen Card or Validate 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.

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

13) All staff members engaged, or to be engaged, in selling alcohol on the premises shall receive the following training in age-restricted sales:

o Induction training which must be completed, and fully documented, prior to the sale of alcohol by the staff member; and refresher training thereafter at intervals of no less than 8 weeks.

o All age-restricted sales training undertaken by staff members shall be fully documented and recorded. All training records shall be made available to Sussex Police and Brighton & Hove Trading Standards Service upon request


Conditions attached after a hearing by the licensing authority

Annex 3 - Conditions attached by Consent Order agreed on 6th May 2010 prior to an appeal following a Licensing Panel hearing on 17th December 2010 to refuse the application.

General - all four licensing objectives

1) There shall be no off sales. However a customer who has been supplied alcohol ancillary to a table meal, and who is a current bona fide residential guest at the adjoining hotel, will be permitted to take alcohol back their hotel room via the door from the restaurant to the lift area only.

2) There shall be no striptease nor nudity and all persons shall be decently attired.

3) Performances of dance shall be limited to flamenco/Latin style with no more than four supporting musicians. (Please see plan attached. There are three tables near the entrance on the plan marked with a red X. These are tables which would be removed for the purposes of performance of dance by the flamenco/Latin artists and their supporting musicians).

4) There shall be no glassware or bottles taken from the premises by patrons.

5) The maximum capacity of the premises shall be 150 persons excluding staff.

6) The premises will operate a challenge 25 policy at all times. (See condition 11 under Annex 2).

7) Signage will be displayed prominently at the exit to the premises reminding patrons that they are in a residential area and to respect local residents when leaving by keeping noise to a minimum.

8) A noise limiting device will be attached to any amplification equipment to be used in the premises and set to a level which is acceptable to the Council's Environmental Health Department.

9) There shall be no facilities for customer dancing

The premises currently benefit from the on sale of alcohol and hot food for the hours mentioned in I & J below, the variation is - To include the provision of Off sales of hot food and alcohol; To amend the current conditions; and To provide a revised plan of the premises. A slight amendment to the opening hours on Sunday of 30 minutes. Comprehensive consultation with Sussex Police was undertaken in order to address any concerns they may have prior to submission of the application.