Mirch Masala

44 Babbacombe Road, Torquay, Devon, TQ1 3SN

Completed application 032369 which is a Cancellation/Surrender for Premises Licence from 20/10/2010 to 25/07/2013

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

•  

  ANNEXE 1

   

   

•  

  MANDATORY CONDITION:  WHERE LICENCE AUTHORISES SUPPLY OF ALCOHOL

   

  1)       No supply of alcohol may be made under the premises licence:-
   

  ()        at a time where there is no designated premises supervisor in respect of the premises licence , or
   

  ()        at a time when the designated premises supervisor does not hold a personal licence or his/her 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 shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

   

                                   (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as  defined in section 159 of the Act);

   

                                (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;

   

                      (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on -

   

                                 (i)        the outcome of a race, competition or other event or process, or

   

                                  (ii)               the likelihood of anything occurring or not occurring;

   

                  (e) 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.

   

  4)              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).

   

  5)              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6)                             (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

                                     (2) 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 a holographic mark.

   

  7).               The responsible person shall 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

   

                                (ii) still wine in a glass: 125 ml; and

   

              (b) customers are made aware of the availability of these measures.

   

   

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

•  

  General

   

  1.              The very nature of the premises and the food led operation proposed shall assist in the achieving of the four licensing objectives.

   

  The Prevention of Crime and Disorder

   

  1.              No customer carrying open of sealed bottles or glasses shall be admitted to the premises at any time.

   

  2.              No customer shall be permitted to take open containers of alcoholic or soft drinks from the premises.

   

  3.              All bottles and glasses shall be removed from public areas as soon as they are finished with or empty.

   

  4.              Any off sales must be provided in sealed containers only and only accompanied by the sale of a substantial Indian Takeaway.

   

  5.              Consideration shall be given to setting capacity (roughly 40) limits to prevent overcrowding which could lead to crime.

   

  6.              The capacity figure shall be based on advice from the Police, Fire or local authority.

   

  7.              Last entry times to the premiess shall be 23.00.

   

  8.              A proof of age policy to the satisfaction of the Police, Weights and Measures and the Licensing Authority must be in place.

   

  9.              Irresponsible drinks promotions shall not be permitted - customers shall be able to purchase alcoholic drinks in the following minimum measures without the premises upselling Spirits - gin, rum, whisky and vodka in 25ml or 35ml or multiples thereof, beer and cider one-third pint, half pint or multiples of half a pint, wine 125mm of 175ml or mulitiples thereof.

   

  10.              An incident book shall be kept to record details of all instances of public disorder.

   

  Public Safety

   

  1.              The fire and safety measurs with which the premises are provided, shall be maintained in good working order, and their adequacy shall be determined on a regular basis, by the carrying out of a fire risk assessment, as required by, and in accordance with the Fire Precautions (Workplace) Regulations.  The licensees understand that the safety of occupants is also influenced by numbers of persons present, their disposition and the activities taking place, and therefore undertake to maintain a safe occupancy level.

   

  2.              The electrical system, including portable appliances shall be inspected and tested annually by a competent person to ensure safety.

   

  3.              The Gas System including appliances shall be inspected and regularly checked.

   

  4.              All safety certificates and inspection reports shall be kept on site and made available for inspection by officers of relevant statutory bodies.

   

  5.              Free drinking water shall be available at all times.

   

  6.              When disabled people are present, adequate arrangements shall exist to enable their safe evacuation in the event of an emergency.

   

  7.              The sanitary accommodation shall consist of two toilets - one male and one female.

   

  8.              An adequate and appropriate supply of first aid equipment and materials shall be available for the use of patrons.

   

  9.              Gangways, exit routes and steps shall be maintained in good order.

   

  10.              The pvovision of plastic glasses and bottles shall be reviewed depending on the type of entertainments provided, the number and behaviour of patrons attending.

   

  11.              Regular glass and bottle collection shall be undertaken throughout opening hours.

   

  12.              The patrons/audience shall not be exposed to an event Leq 107dB(A) and the peak sound pressure level should not exceed 140dB.  Where the event Leq shall be likely to exceed 96 dB (A).

   

  13.              All exit doors shall be easily openable without the use of a key, card, code or similar means and shall be available for egress while the public are on the premises.

   

  14.              Means of escape shall be maintained, unobstructed, immediately available and clearly identifiable.

   

  15.              Exit doors shall be regularly checked to ensure they function satisfactorily.  Records of these checks shall be kept and produced on request.

   

  16.              Any removable security fastenings shall be removed whenever the premises are open to the public or staff.

   

  17.              All fire doors shall be maintained effectively self-closing and shall not be held open other than by approved devices.

   

  18.              Step and stair edges shall be highlighted so as to be conspicious.

   

  19.              All gangways, exitways and treads of steps or stairways shall be maintained with non-slippery and even surfaces.

   

  20.              All floor coverings shall be secured and maintained so that they will not ruck.  Mats shall be fitted into matwells so as to be flush with the floor surface.

   

  21.              Hangings, curtains and temporary decorations shall be maintained in a flame retardant condition.

   

  22.              Upholstered seating shall be fire retardant and compliant with current fire safety regulations.

   

  23.              Curtains, hangings and temporary decorations shall not obstruct exits, fire safety signs or fire-fighting equipment.

   

  24.              Notices detailing the actions to be taken in the event of fire or other emergency shall be prominently displayed and maintained in good condition.

   

  25.              Fire drill and emergency lighting tests shall be conducted.  Records of these tests shall be made available to the Licensing Authority upon request.

   

  26.              All fire exits and means of escape shall be signed in accordance with BS5499.

   

  27.              An evacuation policy shall be in place that is to the satisfaction of the Fire Authority.  All staff members shall be trained in the evacuation policy.

   

  28.              Wall and ceiing finishes shall be fire resistant.

   

  29.              Exit doors shall open outwards (or be secured in the open position).

   

  The Prevention of Public Nuisance

   

  1.              Noise or vibration shall not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.

   

  2.              A specific taxi operator shall be nominated for staff and customer use.  The company's telephone number shall be advertised to customers.  The operator, and all drivers, shall be aware that they should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily.  In addition, staff shall leave as quietly as possible, particularly at night and early morning.

   

  3.              The volume of amplified sound used in connection with the entertainment shall at all times be under the control of the management.

   

  4.              The delivery of goods shall be restricted to daylight hours.

   

  5.              The handling of beer kegs, bottles and other similar items shall not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside buildings.

   

  6.              Bottle skips and bins containing cans or bottles shall not be emptied outside after closing but shall be dealt with the next day during normal office hours.

   

  7.              Adequate refuse bins shall be provided for customer use outside takeaways and removed at closing time.

   

  The Protection of Children From Harm

   

  1.              There shall be limitation of access dependant on nature of activities.

   

  2.              There shall be robust use of Prove It/PASS Cards.

   

  3.              There shall be a full range of soft drinks.

   

  4.              Children must be accompanied by an adult who will be taking table meals.

   

  5.              There shall be no Adult Entertainment.

   

  6.              Misbehaviour by children shall not be tolerated.

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

•  

  The Prevention of Public Nuisance

   

  1.              Cooking, noxious or persistent smells from the premises shall not cause a nuisance to nearby properties.

   

  2.              The mechanical extract system installed within the kitchen shall operate in a manner so as not to cause a noise or odour nuisance to nearby residents.

   

  3.              The extractor equipment installed must be to the satisfaction of the Senior Environmental Health Officer.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

• - Page 1 of 1