Ipswich Borough CouncilLicensing

Jaipur Indian Cuisine

103 Penhurst Road, IPSWICH, Suffolk, IP3 8QB

Completed application 063909 which is a DPS Variation and TRANSFER applications for Premises Licence from 24/09/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• Annex 1 - Mandatory Conditions

   

  Licensing Act 2003 - Where licence authorises the 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 licence, 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.

   

   

  The Licensing Act 2003 (Mandatory Licensing Conditions)

  (Amendment) Order 2014

   

  (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 alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of 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)              In this condition:-

   

  a.              “permitted price” is the price found by applying the formula P = D + (D x V), 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;

  b.              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

  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 would not be a whole number of pennies, the permitted price shall be taken to be the price rounded up to the nearest penny.

   

  (9)              1) Where the permitted price 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 2 - Conditions consistent with the Premises Operating Schedule

   

  Embedded Restrictions - Licensing Act 1964

   

  Restaurant Licence

   

  1. Permitted Hours

   

  Alcohol may be sold or supplied:

   

  a) On weekdays, other than Christmas Day, Good Friday or New Year’s Eve from 10am to midnight.

  b) On Sundays, other than Christmas Day or New Year’s Eve, and on Good Friday: noon to 11:30pm

  c) On Christmas Day: noon to 11:30pm;

  d) On New Year’s Eve, except on a Sunday, 10 a.m. to midnight;

  e) On New Year’s Eve on a Sunday, noon to 11.30 p.m.

  f) On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day.

   

  Restrictions

   

  The above restrictions do not prohibit during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there when the alcohol was supplied for consumption as ancillary to the meals;

   

  Source Section 95 Licensing Act 1964

   

  Music & Entertainment Conditions

   

  As detailed in Schedule 1, Part 2, Paragraph 7 - music incidental to certain other activities

   

  The provision of entertainment consisting of the performance of live music or the playing of recorded music is not to be regarded as the provision of regulated entertainment for the purposes of this Act to the extent that it is incidental to some other activity which is not itself-

   

  1.              A description of entertainment falling within Schedule 1, Part 1, Paragraph 2 or,

  2.              The provision of entertainment facilities

   

  Therefore the premises is entitled to the 24-hour playing of background recorded music incidental to the sale of alcohol, but as an exemption within the Act, not a licensable activity.

   

  Conditions offered at variation stage (November 2010)

   

  General

   

  We will only apply this variation to customers over the age of 18 (and as always request ID as necessary).

   

  CONDITIONS RELATING TO THE PREVENTION OF CRIME AND DISORDER

  Bottles and Glasses

  1.               Where glass bottles are used, they will be retained or disposed of on the premises.

  Proof of Age Cards

  2.              I will ensure that any person selling or supplying alcoholic drink under the authority of a personal licence holder asks for a photo ID proof of age where they have reason to suspect that the individual may be under 18 years of age.

  Drinks Promotions

  3.              I shall not permit any irresponsible drinks promotions at the licensed premises which may negatively impact on the promotion of the licensing objectives.

  Litter and Waste

  4.              I will be responsible for the disposal of waste on the frontage of the premises and make provision for the emptying of litter bins in the vicinity of the premises

  Lighting

  5.              I will ensure that lighting is provided outside the premises (and in my private car park) during the hours of darkness when any licensable activity takes place on the premises.             

  CONDITIONS RELATING TO PUBLIC SAFETY

  Access for Emergency Vehicles

  6.              Access for emergency vehicles is kept clear and free from obstruction

  First Aid

  7.              I will make sure that adequate and appropriate supply of first aid equipment and materials is available on the premises

  Public Liability Insurance

  8.               I will make sure that I have valid public liability insurance in force and that a copy of the schedule is available for inspection by an authorised officer on request.

  General

  9.              I will make free drinking water available at all times the premises is open to the public;

  10.              I will provide a  “hot line” to a local taxi firm

  CONDITIONS RELATING TO PUBLIC SAFETY (Late night refreshment)

  11.              I will make sure that where tables and chairs are provided, clear gangways to exits are maintained;             

  12.              I will not use portable heating appliances on the premises;

  13.              I will not use any appliances utilising cylinders or containers of gas on the premises;

  14.              I will not use any paraffin or other mineral oil in any lamp, stove or other appliance except for cooking purposes;

  CONDITIONS RELATING TO THE PREVENTION OF PUBLIC NUISANCE

  Noise and vibration

  15.              I will make sure that the placing of bottles into receptacles outside the premises takes place at times that will minimise disturbance to nearby properties;

  16.              I will make sure that any request by an authorised officer of the Council in relation to reducing noise levels is complied with.

  Litter

  17.              I will make sure litter is regularly cleared from the vicinity of the premises

  CONDITIONS RELATING TO THE PROTECTION OF CHILDREN FROM HARM

  Access for children to licensed premises generally

  18.              I will require that children under the age of 12 are accompanied by adults after 11pm in the evening. Note: The above condition may be appropriate for any premises NOT serving alcohol for consumption on the premises, but where the public are allowed on the premises after 11pm in the evening. Applicants wishing to allow access to premises to unaccompanied children under the age of 12 after 11pm should address in their operating plan their reasons and explain the steps that they intend to take to protect children from harm.

   

  Conditions agreed through mediation with Suffolk Police Constabulary

   

  General

   

  Alcohol shall be delivered to residential addresses only

  Alcohol will not be provided to customers that appear intoxicated

  Alcohol will not be provided to customers that appear under the age of 21 without valid photographic identification proving that they are over 18.

   

  The Prevention of Crime and Disorder

   

  Alcohol shall be distributed to residential addresses only

  If the customer appears intoxicated or under the age of 21 and unable to provide proof of their age, the order will be retained by the delivery driver and payment refunded

  Sales of alcohol are not to include any Super Strength Lagers, Beers or Cider where the strength exceeds 6.5% alcohol by volume.

   

  The Protection of Children from Harm

   

  If the customer appears under the age of 21 the delivery driver will request photo ID (passport/drivers licence etc) proving that they are over 18. If no valid identification can be provided, the delivery driver will retain the order and refund payment on returning to the distribution premises

   

  Annex 3 - Conditions attached after a hearing by the licensing authority

   

  N/A