Flintshire County CouncilTy Dewi Sant

Thaidee Noodle Bar

8 Chester Street, Flint, Flintshire, CH6 5NR

Completed application 048395 which is a Cancellation/Surrender for Premises Licence from 04/04/2018 to 23/03/2022

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• 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              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.

   

  4              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).

   

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

   

  6               (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.

   

  7               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.

   

  8              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.

   

  9              For the purposes of the condition set out in paragraph 8 -

   

   

  (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+(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.

   

  10              Where the permitted price given by Paragraph (b) of paragraph 9 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.

   

  11              (1)              Sub-paragraph (2) applies where the permitted price given by Paragraph (b)

  of paragraph 9 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.

   

   

   

• Conditions Consistent with the Operating Schedule

   

  CCTV has been installed at the premises.The equipment will be mainted to the standard of North Wales Police Policy. All images to be retained for a minimum of 28 days and to be made available on request within a reasonable time to authorised officers. There are also two CCTV security camera positioned around the exterior of the premises.

   

  Alcohol will only be sold anciliary with food orders. 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 sold behind the counter and, additionally stored on the first floor of the premises

   

  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: 1 Incident log, ID Signature log, and Customer Refusal Log.

   

  Records of incidents will be recorded in an Incident log and retained on the premises for 12 months from the last incident. The premises will operate and record all Incidents of criminal activities, anti-social behaviour and injuries to persons using the following :- Compliance log books Customer Refusal, Authorisation of Alcohol, ID Signature to assist the police and authorities in carrying out their investigations. All log books are fit for purpose and will be retained on the premises for 12 months.

   

  An incident book (with the pages numbered sequentially) must be kept on the premises and be made available for inspection by responsible authorities within a reasonable time. The incident book must be used to record the following:

   

  (i) Any incident of violence or disorder on or immediately outside the premises

  (ii) Any other crime or criminal activity on the premises

   

  A refusals book must be retained by the premises and must 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.

   

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

   

  A “Challenge 25” policy shall be operated at the premises at all times. 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. Signage for “Challenge 25” scheme shall be displayed at the premises. A

  documented training programme shall be introduced for all staff in a position to sell, serve alcohol. The programme shall be made available for inspection at the request of Trading Standards, Licensing Authority Officers and Police. A written record shall be kept of the content of training.

   

  A member of staff must be trained in the use of the CCTV system with the knowledge to download footage at the request of Police or other relevant authority.

   

  All customers will be informed at the point of sale that if the delivery driver believes them to already be intoxicated they will not deliver the alcohol and a full refund will be made. 

   

  No orders will be accepted from customers who are believed to be drunk at the point of sale.

   

  When placing an order customers will be informed that it is unlawful to purchase alcohol for persons under the age of 18 years.

   

  At the point of delivery the driver must be instructed that should they believe that any alcohol ordered will be consumed by a person under the age of 18 years, delivery will be refused.

   

  Customers will be informed when placing an order over the phone or internet that the company operates a Challenge 25 Policy.

   

  All staff who engage in the sale of alcohol will be trained in the Challenge 25 policy prior to commencing their employment and will undertake refresher training every six months.

   

  Reference to Plan dated 21st February 2018.

   

   

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