Asaya Thai Restaurant

21 Station Street, Keswick, CUMBRIA, CA12 5HH

Premises Licence PL0280 from from 30/10/2018 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• a performance of live music
• any playing of recorded music

Additional Conditions

• EMBEDDED CONDITIONS - ON AND OFF LICENCE

   

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

   

  The above restriction does 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.

   

   

• 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.     The 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.

   

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

  1.               (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).

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

  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.                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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014

   

  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(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 rate 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)              “valued added tax” means value added tax charged in accordance with the Value Added Tax Act 1994(7).

   

  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.

   

   

   

   

   

• CONDITIONS IMPOSED AT LICENSING HEARING 28 SEPTEMBER 2006

   

  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 IMPOSED BY ENVIRONMENTAL HEALTH

   

  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.  CONDITION AMENDED BY LICENSING PANEL AT A HEARING ON 17 JUNE 2011

   

  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 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.

   

   

• CONDITIONS IMPOSED AT LICENSING HEARING 17 JUNE 2011

   

    1.              Noise assessments

                The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. A written record shall be made of those assessments in a log book kept for that purpose and shall include the time and date of the checks, the person making them and the results including any remedial action.

   

    2.              Bottle disposal

                The placing of bottles into receptacles outside the premises is not permitted to take place after/between the hours of 8pm and 8am to minimise disturbance to nearby properties on any day except Sunday when no such disposal shall take place before 10am.

   

    3.              Gas Testing

                Any gas boiler, calorifier or other gas appliances will be tested at least every 12 months by Gas Safe authorised workmen and subsequent satisfactory and valid inspection report to be available on site for inspection by an authorised officer of the authority.

   

    4.              Licensee Safety Inspection

                Before the premises are opened for the purposes authorised by the licence an inspection shall be carried out by the licence holder to ensure that the premises are safe for use.

   

    5.              We have always and will always operate a zero tolerance toward illegal drugs.

   

    6.              All instances of crime and disorder will be reported to the police and will be kept in an incident log book.

   

    7.              Responsible drinking will be encouraged at all times.

   

    8.              Bar Staff will supervise customers leaving at closing time to monitor noise.

   

    9.              A recognised proof of age policy will be enforced.

   

  10.              Children only to be allowed on the premises when accompanied by an adult and during food service hours.