Asaya Thai Restaurant

21 Station Street, Keswick, CUMBRIA, CA12 5HH

Completed application 006671 which is a Change of Supervisor for Premises Licence from 29/05/2007 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• a performance of live music

Additional Conditions

• EMBEDDED CONDITIONS - ON AND OFF LICENCE

   

  Alcohol shall not be sold or supplied except during permitted hours.

   

  In this condition, permitted hours means:

   

  (a)              On weekdays, other than Christmas Day, Good Friday or New Year’s Eve, 10:00 to 23:00

  (b)              On Sundays, other than Christmas Day or New Year’s Eve, 12:00 to 22:30

  (c)              On Good Friday, 12:00 to 22:30

  (d)              On Christmas Day, 12:00 to 15:00 and 19:00 to 22:30.

  (e)              On New Year’s Eve, except on a Sunday, 10:00 to 22:30.

  (f)              On New Year’s Eve on a Sunday, 12:00 to 22:30.

  (g)              On New Years Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day.

   

  The above restrictions do not prohibit:

   

  (a)              during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

  (b)              during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  (c)              during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;

  (d)              consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  (e)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  (f)               the sale of alcohol to a trader or club for the purposes of the trade or club;

  (g)              the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  (h)              the taking of alcohol from the premises by a person residing there;

  (i)              the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of  alcohol by persons so supplied; or

  (j)               the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  OFF SALES

   

  1.              Alcohol shall not be sold or supplied except during permitted hours.

   

  In this condition, permitted hours means:

   

  (a)              On weekdays, other than Christmas Day, 08:00 to 23:00.

  (b)              On Sundays, other than Christmas Day, 10:00 to 22:30.

  (c)               On Christmas Day, 12:00 to 15:00 and 19:00 to 22:30.

  (d)              On Good Friday, 08:00 to22:30.

   

  The above restrictions do not prohibit:

   

  (a)               during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;

  (b)               the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  (c)              the sale of alcohol to a trader or club for the purposes of the trade or club; or

  the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces.

   

  2.              Alcohol shall not be sold in an open container or be consumed in the licensed premises.

   

  ON-LICENCE, NO CHILDREN’S CERTIFICATE

   

  No person under 14 years of age shall be in the bar of the licensed premises during the permitted hours unless one of the following applies;

   

  (a)              He is the child of the holder of the premises licence;

  (b)              He resides in the premises, but is not employed there;

  (c)              He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress; or

  (d)              The bar is in the railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

   

  In this condition “bar” includes any place exclusively or mainly used for the sale and consumption of intoxicating liquor.  But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  Sections 145 to 154 Licensing Act 2003, relates to the presence of children in licensed premises.

   

  Private Entertainment

   

  The provision of regulated entertainment, that is, the provision of dancing, music or any other entertainment of the like kind, is prohibited (unless it is a licensable activity included in this licence) with the exception of pre-booked private events limited to pre-invited guests only.

   

  Recorded Music

   

  Provision may be made for the public entertainment in the premises by the reproduction of wireless (including television) broadcasts (or of programmes included in any programme service [within the meaning of the Broadcasting Act 1990] other than a sound or television broadcasting service), or of public entertainment by way of music and singing only which is provided solely by the reproduction of recorded sound.

   

   

• CONDITIONS IMPOSED BY THE ENVIRONMENTAL HEALTH AUTHORITY

   

  PPN4

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

   

  PPN

  Noise emanating from the premises shall not exceed NR35 when measured 3m from the nearest noise sensitive use.  In order to assess compliance with this requirement, all measurements shall be carried out in accordance with BS7445 Parts 1, 2 & 3.

   

  PPN9

  There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public (or member and their guests) notices pointing out the needs of local residents and the need to leave the premises and the area quietly. (Note:  this may also include reference to vehicles.)

   

  PPN14

  The placing of bottles into receptacles outside the premises is not permitted to take place after/between the hours of 2000 and 0800 to minimise disturbance to nearby properties.

   

  PPN18

  There shall be no emission from the premises of any odour which is likely to cause a nuisance to nearby premises.

   

  PPN20

  There shall be provided at the premises suitable and sufficient containers for the storage and disposal of waste foods and other refuse from the premises.  Those containers shall be constructed and maintained so as to prevent access, except by staff.

   

  PPN23

  No refuse shall be disposed of from the premises into a receptacle where such disposal is likely to cause a disturbance to residents in the area of the premises at any time between 20:00 and 08.00  on any day except Sunday when no such disposal shall take place before 10.00.

   

  PS2 - Electrical Installation Testing

  The electrical installation shall be inspected and tested at intervals specified by a competent person.  A satisfactory and valid inspection report shall be available on site for inspection by an authorised officer of the authority.

   

  PS4 - RCD

  Each socket outlet circuit or individual socket outlets used for regulated entertainment shall be protected by an integral residual current device (RCD) having a rated residual operating current not exceeding 30mA (0.03 amps).  Every such circuit and residual current device shall  be inspected and tested at intervals specified by a competent  person.  A satisfactory and valid inspection report shall be available on site for inspection by an authorised officer of the authority.

   

  PS6 - First Aid

  There shall be maintained on the premises at all times an adequate and appropriate supply of first aid equipment and materials for the use of customers.

   

   

   

   

   

• CONDITIONS IMPOSED AT LICENSING HEARING

   

  1.  Forecourt area not to be used after 10pm.

   

  2.  No live music in the forecourt.

   

  3.  No more than 20 people at any one time.

   

  4.  To supply a plan.

   

  5.  No unaccompanied children under 18 years.

   

   

   

   

   

   

   

• CONDITIONS CONSISTENT WITH OPERATING SCHEDULE

   

  1.              Training of staff.

   

  2.              Monitoring and supervision by responsible party of the premises at all times.

   

  3.              Members of Keswick Pubwatch Scheme and abide by their decisions & rulings in conjunction with local police.

   

  4.              Supervision by a trained member of staff at all times.

   

  5.              Adhere to Health & Safety laws & maintain property to ensure public safety.  Training of staff & regular update on issues of Health & Safety.

   

  6.              Regular inspection & service of fire alarms and regular inspection of fire doors & access points.

   

  7.              Strict policy of checking ages of customers.

   

  8.              Staff training in misuse of alcohol and supervision by trained staff at all times.

   

  9.              Exclusion of those deemed to be a public nuisance and reporting to police and other licensed premises via Pubwatch radio link.

   

  10.              Training of staff to ensure children do not consume alcohol or attempt to buy alcohol or get others to buy alcohol.

   

  11.              Train & monitor staff so that alcohol is not served to parents who are intoxicated where there are children present or at risk.

   

   

• LICENSING ACT 2003 MANDATORY CONDITIONS

   

  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.

   

  Mandatory Condition where Door Supervisors are provided

   

  Any individual employed on the premises to carry out a security activity must be licensed by the Security Industry Authority.