Biryani Planet

29a Coytes Gardens, IPSWICH, Suffolk, IP1 1PS

Completed application 052748 which is a Transfer Application for Premises Licence from 14/03/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

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• Annex 1 - Mandatory Conditions

   

  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.

   

  Door Supervision

   

  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 be licensed by the Security Industry Authority.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions)

  (Amendment) Order 2014

   

  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;

  (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).

   

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

   

  3.                (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.

   

  4.                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.

   

  Conditions as specified by order of the Secretary of State under S19A of the Licensing Act 2003

   

  Conditions effective from 28th May 2014

   

  (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)              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.

  (3)              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.

  (4)              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

   

  Conditions offered by applicant in relation to the 4 licensing objectives

   

  Prevention of Crime and Disorder: Public Safety: Prevention of Public Nuisance

  Protection of Children from Harm

   

                1              CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition. Cameras shall encompass all ingress and egress to the premises and all areas where the sale/supply of alcohol occurs. Equipment must be maintained in good working order, be correctly time and date stamped, recordings must be kept in date order, numbered sequentially and kept for a period of 28 days and made available to the Police on demand. The Premises Licence Holder must ensure that at all times the DPS or appointed member of staff is capable and competent at downloading CCTV footage in a viewable format on disc or storage device to the Police/Local Authority within 36 hours of a request. The recording equipment and discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational daily log report must be maintained, endorsed by signature, indicating the system has been checked and is compliant. In the event of any failings, actions taken are to be recorded in the log.

   

  2              2              All staff engaged in the sale of alcohol to be trained in Responsible Alcohol Retailing to the minimum standard of BIIAB level 1 or equivalent, within 3 months of commencing employment at the premises. Training records shall be kept at the premises and produced to the Police and authorised Local Authority Licensing Officers on demand. For the avoidance of doubt, this training can be adminstered in-house in accordance with the relevant criteria. Training shall be reviewed annually to ensure staff are up to date with the latest Legislation

   

                3              To enhance the mandatory condition relating to an age verification policy, the Premises Licence Holder will implement the 'Challenge 25' Scheme, ensuring prominent signage is displayed throughout the premises and all staff are trained in its operation. The Premises Licence Holder shall ensure that any person selling or supplying alcohol at the premises, under the authority of a personal licence holder, asks for a photographic proof of ID document where they have reason to suspect that the individual may be under 25 years of age

   

                4              A refusals register will be maintained at the premises to record all refused sales. The entry for each refused sale will be entered into the register within one hour of the refusal taking place and will show the date, time and the description of the refused person and must show the details of the person refusing the sale. Each entry will be kept in the register for a minimum of 12 months and must be made avilable for inspection by an authorised member of the Local Authority on request or authorised member of Suffolk Constabulary immediately upon request

   

                5              Alcohol will only be sold ancillary to a substantive meal on the premises and consumed within the venue

   

                6              Alcohol will only be sold off the premises via delivery service as part of a substantive meal

   

                7              Alcohol supplied via a delivery service may only be delivered to a bona fide address that can be identified by a building number or a house name or building together with a postcode

   

                8              All delivery orders for alcohol must be subject to Challenge 25 age verification procedures as detailed at point 3. At the point of delivery a check must be made to ensure the customer is over the age of 18 years. If no identification is produced to prove age if the customer appears to be under 25, then the supply of alcohol must not take place

   

                9              The Premises Licence Holder must ensure that for the purposes of delivery orders for alcohol that procedures for age verification of customers is prominently displayed in any printed menu or internet based order forms

   

  1              10              Prominent signage will be displayed to ensure indicate to customers that they must leave the venue quietly to avoid disturbance to neighbouring residents

   

  1              11              No alcohol supply made for delivery purposes may be supplied after the hours permitted on the Premises Licence

   

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

   

  N/A