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Trading name: 

No. 1 Restaurant (pka Utopia Restaurant)

Applicant name: 

Yingbo Food Culture Limited

Address: 

67 Ditchling Road
Brighton
East Sussex
BN1 4SD

Application type: 
Premises - variation
Case status: 
Superseded
Decision: 
Grant with Conditions
Received date: 
Friday 24 May 2019
Issued: 
Thursday 12 September 2019
Expiry date: 
Saturday 18 July 2020

Late Night Refreshment

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

Opening hours

Times: 
  • 11:00:00 - 00:30:00 Every Day

Sale by Retail of Alcohol

Alcohol consumed: 
On the premises
Times: 
  • 11:00:00 - 00:00:00 Every Day
Current designated person
Name: 
Mr Min Zhang
From: 
Wednesday 14 May 2008
To: 
Monday 18 October 2010
Previous designated person
Name: 
Mr Ian Peter Humphries
From: 
Wednesday 4 September 2019
To: 
Friday 29 November 2019
Previous designated person
Name: 
Mrs Mei M Xue
From: 
Friday 24 May 2019
To: 
Friday 19 July 2019
Previous designated person
Name: 
Jian Wu
From: 
Wednesday 22 May 2013
To: 
Friday 24 May 2019
Responsible authority: 
Fire Service
Consultation period closes: 
Wednesday 26 June 2019
Responsible authority: 
Police
Consultation period closes: 
Wednesday 26 June 2019
Mandatory conditions

Annex 1 - Mandatory conditions
S 19; mandatory conditions where licence authorises supply of alcohol
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, 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. (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.
(e) dispensing 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).
4. The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
5. (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.
6. 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.
Minimum Drinks Pricing
1. 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.
2. 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.
3. 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.
4. (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

1. Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, each such individual must:
a) Be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001: or
b) Be entitled to carry out that activity by virtue of section 4 of the Act.


2. But nothing in subsection (1) requires such a condition to be imposed:
a) In respect of premises within paragraph 8 (3)(a) of Schedule 2 to the Private Security Industry act 2001 (c12) (premises with premises licences authorising plays or films): or

b) In respect of premises in relation to:
I. Any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence) or

II. any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

3. For the purposes of this section:
a) "Security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies, and which is licensable conduct for purposes of that Act, (see Section 3(2) of that Act) and

b) Paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

Conditions consistent with the operating schedule

Annex 2 - Conditions consistent with the Operating Schedule:

General:

1. All staff members engaged, or to be engaged, in selling alcohol on the premises shall receive the following in age-restricted sales:
o The premises licence holder will ensure that all staff members engaged in selling alcohol on the premises shall receive induction training as to the lawful selling of age restricted products prior to the selling of such products, and verbal reinforcement/refresher training thereafter at intervals not to exceed 8 weeks, with the date and time of the verbal reinforcement/refresher training documented.
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, officers of the local authority and Brighton & Hove Trading Standards Service upon request.

2. Alcohol shall only be served within the area hatched red on the plan of the Premises lodged with Brighton & Hove City Council by waiter/waitress only to patrons seated at tables and as ancillary to substantial refreshment.

3. There will at all times be not less than 14 covers in the Dining Area.

4. There will no alcohol supplied to customers in the Mahjong Room.

5. There will be no off-sales.

6. Whenever the Premises are open, in addition to a chef, there shall be not less than one waiting staff on duty - save on Friday and Saturday when there shall be not less than three.

For the prevention of Crime and Disorder:

7. Crime prevention posters to be displayed in the premises when requested by the police.

8. The premises will subject to risk assessment (a) contract a Mobile Support service with an SIA registered organisation and (b) join the Business Crime Reduction Partnership and participate in the "Exclusion Scheme" - or similar.

9. 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 un 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.

10. Toilets to be checked hourly by staff.

11. SIA trained and licensed door supervisors shall be employed on occasions when a requirement is identified by the licence holder's written risk assessment or requested by Sussex Police.

For the prevention of Public Nuisance:

12. The Premises shall ensure that:
a) Excessive noise does not come from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed and
b) Prominent clear and legible notices are displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.
c) The premises and its staff shall actively monitor the area outside the premises to ensure that customers do not gather there, whether smoking or not, so as to cause a nuisance to local residents.

For Public Safety: None

For the Protection of Children from Harm:

13. No children will be permitted on the premises after 22:00hrs.

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 inside the premises.

16. The premises shall at all times maintain and operate a refusals recording system and an incident log (either in book or electronic form) which shall be reviewed by the Designated Premises Supervisor at intervals of no less than 4 weeks and feedback given to staff as relevant. This refusals book shall be available upon request to police staff, Licensing Authority Officers and Trading Standards.

Conditions attached after a hearing by the licensing authority

Annex 3 - Conditions Attached after a hearing of a Licensing Panel on 19th July 2019:

1. The licence shall not come into force until such time as, following consultation with the Police, a new DPS has been appointed.

To vary the operation of the premises from a take away with alcohol deliveries to that of a restaurant to which the supply of alcohol will be by on sale only and ancillary to the supply of substantial food.