THE AGRA RESTAURANT AND TAKEAWAY

12 ST LAWRENCE STREET, HORNCASTLE, LN9 5BJ

Completed application 074241 which is a Review of Licence/Certificate for Premises Licence from 29/07/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

•  

  Annex 1 - Mandatory Conditions

   

  MC2

  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.

   

  S19 Licensing Act 2003

   

  MC3

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

   

  S19 Licensing Act 2003

   

  MC4

  The admission of children under the age of 18 to film exhibitions permitted under the terms of this licence shall be restricted in accordance with any recommendations made

   

  a)  by the British Board of Film Classification (BBFC), where the film has been classified by that Board, or

  b)  by the Licensing Authority where no classification certificate has been granted by the BBFC, or, where the licensing authority has notified the licence holder that section 20(3)(b) (74(3)(b) for clubs) of the Licensing Act 2003 applies to the film.

   

  S20/74 Licensing Act 2003

   

  MC6

  (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).

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  MC8

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

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  MC9

  (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 licences 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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  MC10

  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; and

   

  (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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  MC11

  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. For the purposes of the condition set out in paragraph 1:

   

  (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×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.

   

  3. Where the permitted price given by Paragraph (b) of paragraph 2 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.

   

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

   

  The Licensing Act 2003 (Mandatory Conditions) Order 2014

   

   

• Annex 2 - Conditions Consistent With the Operating Schedule

  General

  Suitable beverages otherwise than intoxicating liquor (including drinking water) shall be equally available for consumption with or as ancillary to a meal.

  The Prevention of Crime and Disorder

  The provision of a minimum of 30 minutes of opening time (with access to toilet facilities) after the terminal hour for the supply of alcohol.

  No drink shall be removed from the premises in an unsealed container.

  Public Safety

  Not Applicable.

  The Prevention of Public Nuisance

  No nuisance shall be caused by noise coming from the premises or by vibration transmitted through the structure of the premises.

  All external doors and windows shall be kept closed when regulated entertainment is being provided except in the event of an emergency.

  There shall be placed at the exit from the premises in a place where can be seen and easily read by the public a notice asking customers to respect the needs of the local residents and requiring customers to leave the premises and the area quietly.

  Refuse such as bottles shall be disposed of from the premises at a time when it is not likely to cause disturbance to residents in the vicinity of the premises.

  Half an hour before the premises is due to close, music shall cease.

  No music or speech shall be relayed via external speakers.

  The Protection of Children from Harm

  Not Applicable.

   

• Annex 3 - Conditions Attached After a Hearing by the Licensing Authority

  The following condition was attached to the premises following a licensing hearing held on 26 September 2005:

  There shall be no amplification of any live music and no performances / provision of karaoke at the premises.

  The following conditions were attached to the premises following a licensing hearing held on 6 July 2020:

  CCTV - A digital closed circuit television system (CCTV) will be installed and maintained in good working order and be correctly time and date stamped.

  a)              The system will incorporate sufficient built-in hard-drive capacity to suit the number of cameras installed.

  b)              CCTV will be capable of providing pictures of evidential quality in all lighting conditions, particularly facial recognition.

  c)              Cameras will encompass all ingress and egress to the premises, all areas where sale/supply of alcohol occurs, all areas where the public have access and the area immediately outside of the premises.

  d)              The system will record and retain CCTV footage for a minimum of 31 days.

  e)              The system will record at all times when the premises are open.

  f)              The system will incorporate a means of transferring images from the hard-drive format that can be played back on a desktop computer.

  g)              The digital recorder will be password protected to prevent unauthorised access, tampering or deletion of images.

  h)              There will be at all times, when the premise is open, a member of staff on duty with access to the CCTV system who is trained in the use of the equipment, including the download of images.

  i)              Upon receipt of a request for a copy of CCTV footage from Officers of any Responsible Authority, the member of staff will produce the footage within 24 Hours, or less if urgently required for investigations of a serious crime.

  j)              CCTV footage must be made available to be viewed by Lincolnshire Police or an Officer of a Responsible Authority at the premises upon request.

  Incident Book - An incident book must be kept at the premises and maintained up to date (no later than 24 hours after the incident) at all times and will record the following:

                        Time and date details of all incidents/complaints of crime and disorder or anti-social behaviour.

                        All crimes reported to the venue.

                        Any faults in the CCTV system, searching equipment or scanning equipment.

                        Any visit by a Responsible Authority or emergency service.

  The incident book must be kept at the premises and made available to Lincolnshire Police or an Officer of a Responsible Authority on request, or during an inspection.

  Refusals Register - A Refusals Register must be kept at the premises and maintained and be kept up to date at all times, recording the date, time, type of product refused, reasons for every refusal to sell alcohol to a customer and the name and signature of the member of staff refusing the sale. The Refusals Record must be made available to Lincolnshire Police or an Officer of a Responsible Authority on request, or during an inspection. The Premises Licence Holder or the Designated Premises Supervisor (DPS) must monitor the Refusals Register every month and must sign and date the Refusals Register when this has been completed, or if the Refusals Register is electronic the date and time of the check done must be clearly recorded.

  Training - Training in relation to the use of the CCTV system, Challenge 25, under age sales, sales to adults on behalf of a minor (proxy sales), sales to intoxicated persons, refusals registers, incident records and all other conditions on the Premises Licence must be provided and undertaken by all members of staff (whether paid or unpaid) before a sale is made or alcohol is provided and at least every six months thereafter. Documented training records must be completed in respect of every member of staff and must include the name of the member of staff trained, date, time and content of training. The record must be signed by the member of staff who has received the training, the Designated Premises Supervisor (DPS), the Premises Licence Holder or external training providers. Documented training records must be kept at the premises and made available to Lincolnshire Police or an Officer of a Responsible Authority on request, or during an inspection.

  Challenge 25 Proof of Age Policy - Staff must require ID in the form of a current ten-year passport, photo card driving licence or PASS hologram identity card from any customer who appears to be under the age of 25 and verify the customer is over the age of 18 before any sale of alcohol is made. Notices must be exhibited at all points of sale and at all entrances and exits informing the customers and staff that the premises is operating a Challenge 25 Policy.

  Public Nuisance - Adequate bins shall be available for customers to dispose of litter.

  Right to Work - Right to work checks shall be conducted on all potential employees prior to their employment in any capacity at the business. Checks shall be in accordance with the Home Office Code of Practice for employers as current at that time. The Premises Licence Holder will operate a full digital HR management system where all relevant documents are stored for each individual member of staff. All relevant documents for members of staff will be retained for a period of two years post termination of employment and will be made available to Police, Immigration or Licensing Officers on request.

   

• Annex 4 - Plan for The Agra Restaurant & Takeaway, 12 St Lawrence Street, Horncastle, LN9 5BJ, is attached to this Premises Licence.