Licence - 1445/3/2018/01164/LAPRET

Embedded Conditions:

On Licences For Restaurant, Bar & Club, 15a Kings Road

1. Permitted Hours

Restrictions
The above restrictions do not prohibit:
d) consumption of alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of alcohol so ordered;
f) the sale of alcohol to a trader or club for the purposes of the trade or club;
g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
h) the taking of alcohol from the premises by a person residing there; or
i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

2. Premises with no children’s certificate-
No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
a) He is the child of the holder of the premises licence.
b) He resides in the premises, but is not employed there.
c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.
d) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

In this condition “bar” includes any place exclusively or mainly used for the consumption of alcohol. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
Source Section 168,171 and 201 Licensing Act 1964

4. Late Night Refreshment

The Licence may also provide and permit the consumption of late night refreshment for a period of 30 minutes after the permitted hours set out above, and on New Years Eve until 5am on New Years Day.

5. Recorded Music

Premises licensed for the sale and supply of alcohol may provide, at any time, regulated entertainment by the reproduction of wireless, including television broadcast and of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound.
Source Section 182 Licensing Act 1964

Special Hours Certificates For Restaurant Bar & Club, 15a Kings Road
Not relevant

Restaurant and Residential Licence For Charter Hotel 12,14 & 15 Kings Road






Permitted Hours

1. Restaurant

Restrictions do not prohibit:

a) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
b) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the premises;

2. Late Night Refreshment

The Licence may also provide and permit the consumption of late night refreshment for a period of 30 minutes after the permitted hours set out above, and on New Years Eve until 5am on New Years Day.

3. Residential

Alcohol may be sold or supplied at any time:
a) on premises which are bona fide used, or intended to be used, for the purpose of habitually providing for reward board and lodging, including breakfast and at least one other customary main meal;
b) subject to the condition that alcohol shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.
c) there must be adequate sitting accommodation in a room not to be used for sleeping accommodation for the service of substantial refreshment or for the supply or consumption of alcohol.
Sources Source Section 94(2), 95, 96(1) Licensing Act 1964

4. Recorded Music

Premises licensed for the sale and supply of alcohol may provide, at any time, regulated entertainment by the reproduction of wireless, including television broadcast and of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound.
Source Section 182 Licensing Act 1964









Conditions attached to Restaurant and Residential Licence
1. Intoxicating liquor shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for the consumption by such a person as an ancillary to his meal. Persons residing there or their bona fide guests bona fide entertained by them at their own expense and for consumption by such a person or his private guest so entertained by him either on the premises or with a meal supplied at but consumed off the premises.

2. Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served in the premises.

3. There shall be afforded in the premises for persons provided with board and lodging for reward, adequate sitting accommodation in a room not used or to be used for sleeping accommodation. For the service of substantial refreshment or for the supply or consumption of intoxicating liquor.

Variations to Embedded Conditions:

Extension of hours alcohol can be sold, premises are open to the public and the provision of regulated entertainment.

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
(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 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:
(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.

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.

Annex 3 - Conditions Attached after a review hearing of a Licensing Panel on 23/03/07

1. 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 to cover all public areas (not including the public toilets), 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. 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.

2. A search policy shall be implemented in accordance with a documented risk assessment agreed in consultation with Sussex Police

3. A personal licence holder will be present on the premises on Friday and Saturday nights from 2000 hrs until close. They or a nominated person will attend the weekly BCRP Night Safe meeting held on Friday evenings or any other nominated date subject to reasonable change. Management and door staff employed at the premises will actively promote the BCRP Night Safe scheme or any other future scheme, through use of the BCRP Yellow Cards or anything of a similar nature.

4. The “Challenge 25” proof of age scheme will be adopted at every alcohol outlet on site. Any person thought to be under 25 years of age attempting to purchase alcohol will be asked to provide one of the following forms of identification: passport, photo card driving licence or PASS ID card. Appropriate posters will be displayed in all bar areas to prevent persons under the age of 18 from attempting to buy alcohol.

5. A refusals book or electronic refusals system shall be operated and maintained at the premises for the recording of refusals in respect of age restricted sales. Either the refusals book or records of refusals recorded on an electronic system shall be made available upon request.

6. Upon commencement of their shift all door supervisors will be briefed regarding their roles and responsibilities by either the head door supervisor or a member of premises management. Door supervisors will be made aware of any persons excluded from all Business Crime Reduction Scheme (BCRP) participating venues, or any future scheme of a similar nature. Door staff will also be reminded of their responsibilities to assist premises staff in promoting the four key licensing objectives.

7. Door Supervisors will place their SIA badges in a “Yellow Arm Band“ which will be on display at all times they are working at this venue.

8. There will be a drugs and weapon policy whereby any such items will be confiscated and placed into sealed bags and documented with a time, date, item detail and name / signature of person confiscating. These items will only be released when being handed over to a police officer and stored in the interim in a secure manner

9. Toilets to be checked and logged hourly.

10. Door Supervisors working on the premises will utilise clickers to monitor capacity in agreement with the capacity set in accordance a suitable fire risk assessment.


11. The designated premises supervisor will notify Sussex Police of any significant events at least 14 days in advance. Management agree to the completion of a police risk assessment form or to provide details of any promoters or acts where it is deemed necessary.

12. Door Supervisors and bar staff will conduct regular walk through of the premises in order to monitor alcohol consumption and customer behaviour. Empty drinking vessels will be cleared away promptly.

13. No glasses or glass bottles will be allowed to leave the premises. Staff will regularly patrol the premises and remove empty drinking vessels promptly, ensuring that any used glass bottles or dirty glasses are not allowed to congregate on the bar and are dealt with promptly and in a secure manner.

14. Any incident that occurs inside the venue or in the immediate vicinity of the premises must be logged, including the time, date, outline of the incident and details of persons involved. Where the persons involved are members of the public full details of name and address should be obtained where possible and a BCRP Yellow Card issued, however if this is not possible that fact should be recorded

15. All staff members engaged or to be engaged in selling alcohol in the premises shall receive training in age restricted sales. Staff will then receive refresher training at intervals of no more than 3 months, which will be fully documented and be made available upon request.