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Trading name: 

Taco Bell

Applicant name: 

T Bello Group Limited

Address: 

Unit 4
95 Western Road
Brighton
BN1 2LB

Application type: 
Premises Licence Transfer
Case status: 
Superseded
Decision: 
Grant with Conditions
Received date: 
Monday 21 August 2017
Issued: 
Tuesday 12 September 2017

Indoor Sporting Event

Times: 
  • 12:00:00 - 01:00:00 Friday
  • 12:00:00 - 00:00:00 Monday
  • 12:00:00 - 01:00:00 Saturday
  • 12:00:00 - 00:00:00 Sunday
  • 12:00:00 - 00:00:00 Thursday
  • 12:00:00 - 00:00:00 Tuesday
  • 12:00:00 - 00:00:00 Wednesday

Performance of Recorded Music

Times: 
  • 07:00:00 - 01:00:00 Friday
  • 07:00:00 - 00:00:00 Monday
  • 00:00:00 - 02:00:00 New Year's Day
  • 07:00:00 - 01:00:00 Saturday
  • 07:00:00 - 00:00:00 Sunday
  • 07:00:00 - 00:00:00 Thursday
  • 07:00:00 - 00:00:00 Tuesday
  • 07:00:00 - 00:00:00 Wednesday

Late Night Refreshment

Times: 
  • 23:00:00 - 01:30:00 Every Day
  • 00:00:00 - 02:30:00 New Year's Day

Opening hours

Alcohol consumed: 
Both on and off the premises
Times: 
  • - Every Day

Sale by Retail of Alcohol

Alcohol consumed: 
Both on and off the premises
Times: 
  • 10:00:00 - 01:00:00 Friday
  • 10:00:00 - 00:00:00 Monday
  • 00:00:00 - 01:00:00 New Year's Day
  • 10:00:00 - 01:00:00 Saturday
  • 10:00:00 - 00:00:00 Sunday
  • 10:00:00 - 00:00:00 Thursday
  • 10:00:00 - 00:00:00 Tuesday
  • 10:00:00 - 00:00:00 Wednesday
Current designated person
Name: 
Tiji Thomas
From: 
Monday 16 March 2020
Previous designated person
Name: 
Ciju Jacob
From: 
Friday 26 January 2018
To: 
Sunday 15 March 2020
Previous designated person
Name: 
Mithat Deniz
From: 
Monday 21 August 2017
To: 
Thursday 25 January 2018
Previous designated person
Name: 
Amal Tyler
From: 
Wednesday 7 October 2015
To: 
Monday 21 August 2017
Previous designated person
Name: 
Alexander Kreutz
From: 
Wednesday 19 August 2015
To: 
Wednesday 7 October 2015
Previous designated person
Name: 
Stephen James Brett
From: 
Monday 17 March 2014
To: 
Wednesday 19 August 2015
Previous designated person
Name: 
Kemal Ozay Kemal
From: 
Tuesday 15 December 2009
To: 
Monday 17 March 2014
Responsible authority: 
Police
Mandatory conditions

Annex 1 - Mandatory conditions

S 19; mandatory conditions where licence authorises supply of alcohol
- no supply of alcohol may be made under the premises licence
1) at a time when there is no designated premises supervisor in respect of the premises, or
2) 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 must 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-

(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.

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

4.— (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.

5. 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."

6. 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.

7. For the purposes of the condition set out in paragraph 1—
(a)"duty" is to be construed in accordance with the Alcoholic Liquor Duties Act 1979(1);
(b)"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 premises in respect of which there is in force a premises licence—

(i) the holder of the premises licence,
(ii) the designated premises supervisor (if any) in respect of such a licence, or
(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) "relevant person" means, in relation to premises in respect of which there is in force 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(2).

8. Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from this paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

9. (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day ("the first day") would be different from the permitted price on the next day ("the second day") as a result of a change to the rate of duty or value added tax.

(2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

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 the Operating Schedule:

For the Prevention of Crime and Disorder:

1. Customers will not be permitted to take alcoholic drinks from the premises in open containers.

2. Substantial food will be available at all times that alcohol is offered for sale on these premises.
3. The opening hours will not exceed 07.00 to 00.30 hrs Sunday to Thursday and 07:00 to 01.30 hrs Friday and Saturday.

4. Digital CCTV and appropriate recording equipment to be installed in accordance with Home Office Guidelines relating to UK Police Requirements for Digital CCTV System, operated and maintained throughout the premises internally and externally to cover all public areas, including the entrance to the premises. The CCTV cameras and recording equipment must be of sufficient quality to work in normal lighting levels inside the premises at all times. 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 required 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. Subject to Data Protection 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 for the police without difficulty or delay and without charge to Sussex Police. Any breakdown or system failure will be notified to the police immediately & remedied as soon as practicable.

5. Customers going outside into the street to smoke will not be permitted to take drinks outside with them to consume whilst smoking.

6. An event diary will be maintained to record incidences of searches, refusals of those intoxicated and attempted underage purchases.

7. The premises will become a member of the Business Crime Reduction Partnership (BCRP) whilst this scheme is in existence or other similar body approved by the Licensing Authority.

8. SIA licensed door supervisors and/or a Mobile Support Unit (MSU) shall be employed on occasions when a requirement is identified by the licence holder's written risk assessment (a copy of which should be held and available at the premises). Consideration will be given to public holidays, when seasonal variations are taking place e.g. New Years Eve and other city wide events such as Pride.

For Public Safety: None

For the Prevention of Public Nuisance:

9. Signs in the premises will request customers to respect our neighbours when leaving.

10. The windows on the first floor will be locked shut when the premises is open, subject to Fire Authority approval. If this is not possible, than the windows will remain shut during hours of operation.

11. We will offer a taxi calling service free of charge to customers.

12. No bins will be put outside for collection before 9am each morning.

13. Smoking will only be permitted in a defined area immediately in front of the premises.

For the Protection of Children from Harm:

14. 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 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.

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

16. 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 not to exceed 8 weeks.

17. 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.

18. No unaccompanied persons under the age of eighteen will be permitted on the premises from 21:00 until 23:00 unless accompanied by an adult (a person aged 18 or over). From 23:00 until close on any day, no children under the age of eighteen will be permitted on the premises.

The following conditions will apply from opening time until close when the premises is to be in use for licensable activities under this licence after 23:00 on Sunday - Wednesday and midnight on Thursday - Saturday (save for New Year's Eve).

For the Prevention of Crime and Disorder:

1. A minimum of two SIA registered door supervisors will operate from the premises
on Friday and Saturday nights and on Christmas Eve, New Year's Eve and Bank Holidays, with one from 20:00hrs until close and two from 21:00hrs until close. Door
supervisors will not dual role as bar staff etc.

2. The provision of door supervisors on Sundays through to Thursdays will be on an ongoing risk assessment basis.

3. The premises will contract for the provision of a recognised mobile support unit which will provide SIA qualified door supervisor back up 24 hours a day.

4. Door supervisors, ancillary provisions:

(a) Records shall be maintained at the premises containing the full name, date of birth, and home address of every door supervisor employed.

(b) 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.

(c) The record shall include all dates and times when a door supervisor is employed.

(d) 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.

(e) 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].

(f) 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.

5. The first floor public area will be glass free with only polycarbonate or shatterproof drinking receptacles being provided.

6. The ground floor public area will only provide toughened glass, polycarbonate or shatterproof drinking receptacles to customers.

7. The sale of intoxicating liquor and other beverages will be by waiter/waitress service for consumption by people sat at tables on both the ground and first floor.

Those playing pool on the first floor will be permitted to consume alcohol whilst standing to play pool. For avoidance of doubt, all customers on the first floor area will be served alcohol by waiter/waitress service seated at tables. No vertical drinking will be allowed on the first floor area in the event that the pool tables are removed.
For the Prevention of Public Nuisance:

8. Staff will check the external areas of the premises every 90 minutes from 7pm onwards, or sooner and more often should trading levels require, to monitor noise levels from customers. A written record of these checks will be kept.

9. A member of staff will be placed on the main entrance door 15 minutes before closing time until the last customer has left to ensure customers leave quietly.

For the Protection of Children from Harm:

10. Children and young persons under the age of 18 are not permitted in the premises unless accompanied by a responsible adult and then not after 20.00hrs in any circumstances.

11. From 18.00hrs no one under the age of 16 is allowed on the first floor.

Conditions attached after a hearing by the licensing authority

N/A

The premises are presently licensed for a full range of regulated entertainment, late night refreshment and sale by retail of alcohol. The hours for sale by retail of alcohol are Sunday - Thursday : 10.00 00.00, Friday Saturday : 10.00 01.00 the following morning with the premises closing 30 minutes thereafter. The premises are not trading and are the property of the applicant. It is intended that the premises will be operated by Lounge Café Bars (Loungers) and an appropriate application will be made in due course for transfer of the Licence once the transaction is complete. Loungers are a food lead neighbourhood café / bar appealing to a wide range of clientele and an emphasis on families. The Licensing Authority will be familiar with Loungers who operate Modelo Lounge within their jurisdiction. The current Licence has certain conditions which are inappropriate for the proposed nature of operation as a lounge café bar. The hours of operation required for Loungers is Sunday Wednesday : 10.00 23.00 and Thursday Saturday : 10.00 00.00. The non-standard timings would not be affected. As a primary matter, this application seeks to approve revised layout plans as per the drawings submitted with the application. In essence, Loungers will install a substantial kitchen in the basement and utilise the ground and first floor as trading areas. As with their other outlets, the proposed furniture does not include fixed seating. As a further matter, this application seeks to modify the conditions such that if the agreement with Loungers proceeds, the Licence will operate for lesser hours and the conditions which are inappropriate will not apply. In support of the application, a document is attached which schedules the conditions which will apply to the lesser Licence and identifies in blue variations to those conditions as agreed with the Police. The document identifies following the caveat