Flintshire County CouncilTy Dewi Sant

Beduscu Dinasty

104 Chester Road East, Shotton, Deeside, Flintshire, CH5 1QD

Completed application 048322 which is a Variation Application for Premises Licence from 30/06/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• provision of late night refreshment
• the supply of alcohol
• a performance of live music

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  1. Every retail sale or supply of alcohol made under this licence must be made or authorised by a person who holds a personal licence.

   

  2.  No supply of alcohol may be made under this licence

   

  a.              At a time when there is no designated premises supervisor in respect of it or,

   

  b.              At a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.

   

  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.              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.

   

  5.              For the purposes of the condition set out in paragraph 4-

   

   

  (a)“duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979(6);

   

  (b)“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;

   

  (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(7).

   

  6.              Where the permitted price given by Paragraph (b) of paragraph 5 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.

   

  7.              (1)  Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 5 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.

   

  Plan Ref 04/12/20

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

  CCTV

   

  A CCTV log will be completed on a weekly basis to record all elements of the CCTV System is maintained in good working order and recordings date and time stamped.

   

  Only nominated staff shall be trained in the operation of the CCTV system to ensure    rapid data retrieval & downloads of footage can be provided to the Police & the Local Authority Officer upon reasonable request in accordance with the Data Protection Act.

  CCTV shall be continually recording during licensable hours.

  In the event of a failure of the CCTV system for any reason, a record of the failure will be recorded in the premises log and immediate steps will be made to rectify the problem.

  ALCOHOL

  Alcohol will only be sold with food orders for consumption on and off the  

  premises and for home delliveries.

     

  All home delivery orders for alcohol will be taken over the phone or on the

  Internet and full payment made prior to delivery.

   

  All alcohol will be stored on the premises in the fridge behind the counter and the

  store room.

   

  No alcohol will be served to anyone under the age of 18, for consumption on the premises

   

  INCIDENT LOG

  An incident log must be kept at the premises. Log records will be retained for a period of 12 months from the date it occurred. It will be made immediately available on request to an ‘authorised person’ (as defined by section 13 of the Licensing Act 2003), an authorised trading standards officer or the police, and must record the following;

  (a) All crimes reported to the premises (where relevant to the licensing objectives)

  (b) Any other incidents of disorder witnessed during deliveries

   

  REFUSALS

  Refusals Book

   

  The refusals book will be retained by the premises and will be used to record all refusals to sell alcohol for any reason.

   

  Where other age restricted products are sold at the premise, any refusals to sell such items to underage persons or persons who appear underage must be recorded.

   

  The details to be recorded must be as follows:

  (i) Time, day & date of refusal

  (ii) Item refused

  (iii) Name & address of customer (if given)

  (iv) Description of customer

  (v) Details of i.d. offered (if shown)

  The refusals book must be made available for inspection by responsible authorities on request.

  When the DPS is not on duty a contact telephone number will be available at all times.

  The Driver will always carry with him/her the following Compliance log books:

  a) Incident log

  b) ID Signature delivery log

  c) Customer Refusal Log.

   

  NOISE /NUISANCE CONTROL

   

  No refuse shall be disposed of or collected from the premises between the hours of 1900 and 07.00 on any day.

   

  The Premises Licence holder / Designated Premises Supervisor will ensure that litter arising from people using the premises is cleared away and checked periodically throughout the opening times and at the end of each night.

   

  The Manager and staff will carry out with regard to their own personal safety, their best endeavours to disperse any persons that appear to be loitering outside the immediate area of the restaurant.

   

  Notices will be displayed in a prominent position to remind customers to leave the area quickly and quietly and to respect local residents.

   

  TRAINING

   

  A “Challenge 25” policy shall be operated at the premises at all times including home deliveries.

  Prominent, clear and legible Challenge 25 signage shall also be displayed at all entrances to the premises as well as at, at least one location at the point of sale and behind any counter advertising the scheme operated.

   

  The only forms of ID that shall be accepted (at the discretion of the Management) as proof of age are a valid passport, a valid photographic driving licence, a PASS approved proof of age card, HM Services Warrant Card or other reliable photo I.D. that is approved for acceptance by the Police or other Authorised Officers.

   

  A documented training programme shall be introduced for all staff upon first appointment in a position to sell, serve alcohol. This training will include information on preventing the sale of alcohol to persons who appear to be drunk or underage or purchasing on behalf of another who appears to be drunk or underage at the point of sale.

   

  Relevant staff shall be given appropriate accredited training on the law

   

• ANNEX 3 - CONDITIONS ADDED AFTER SUB COMMITTEE HEARING

   

  During the extended hours (that is the hours in operation after 11.30pm) the licensable activities must only be provided to those attending a private pre-booked function

   

  Licensable actives are alcohol sales, recorded music indoors, live music indoors and provision of late night refreshments.

   

  A pre-booked function means a function which has been booked at least 24 hours in advance.

   

  Function means an event where a room is hired and no licensable activities are provided to members of the public who are not guests of that function.

   

  The licence holder shall enter into an agreement with a hackney carriage and/or private hire operator (taxi’s) to provide transport for customers, with contact numbers made readily available to customers who will be encouraged to use such service.

   

  Regular noise assessment will be carried out when amplified music is played at the premises and logged in a log book which will be made available to any responsible authority on request.