Application Details

Application Number:
69541
Licence Number:
1202
Licence Description:
Licensing Act 2003
Licence Type:
Premises Licence
Application Type:
Minor Variation
Status:
In progress
Licensee:
Hearth End Ltd
Agent:
Aspire Licensing
Trading Name:
Sobremesa
Licence Address:
207A Chillingham Road
Newcastle Upon Tyne
NE6 5LL
Received Date:
16-06-2021
Consultation End Date:
30-06-2021
 

  Application Specifics

Premises Licence

Details of Proposed Application / Variation:
Application for a minor variation to the premises licence to amend the layout in accordance with the plan submitted with the application incorporating the area of the new pavement cafe permission into the premises licence plan.
Performance of a Play:
No
Seasonal Variations:
Seasonal TimingsNew Years Eve The licensable activities specified in this licence may be provided from the end of the specified finish times on any day which is New Years Eve to the beginning of the start times on the following day (New Years Day).
Exhibition of a Film:
No
Indoor Sporting Event:
No
Boxing or Wrestling :
No
Performance of Live Music:
No
Playing of Recorded Music:
Yes
Recorded Music Start Monday:
12:00
Recorded Music End Monday:
00:00
Recorded Music Start Tuesday:
12:00
Recorded Music End Tuesday:
00:00
Recorded Music Start Wednesday:
12:00
Recorded Music End Wednesday:
00:00
Recorded Music Start Thursday:
12:00
Recorded Music End Thursday:
00:00
Recorded Music Start Friday:
12:00
Recorded Music End Friday:
00:00
Recorded Music Start Saturday:
12:00
Recorded Music End Saturday:
00:00
Recorded Music Start Sunday:
12:00
Recorded Music End Sunday:
00:00
Performance of Dance:
No
Anything of a similar description to that falling within (E), (F) or (G):
No
Provision of Late Night Refreshment:
Yes
Provision of Late Night Refreshment Start Monday:
23:00
Provision of Late Night Refreshment End Monday:
00:00
Provision of Late Night Refreshment Start Tuesday:
23:00
Provision of Late Night Refreshment End Tuesday:
00:00
Provision of Late Night Refreshment Start Wednesday:
23:00
Provision of Late Night Refreshment End Wednesday:
00:00
Provision of Late Night Refreshment Start Thursday:
23:00
Provision of Late Night Refreshment End Thursday:
00:00
Provision of Late Night Refreshment Start Friday:
23:00
Provision of Late Night Refreshment End Friday:
00:00
Provision of Late Night Refreshment Start Saturday:
23:00
Provision of Late Night Refreshment End Saturday:
00:00
Provision of Late Night Refreshment Start Sunday:
23:00
Provision of Late Night Refreshment End Sunday:
00:00
Sale of Alcohol by Retail :
Yes
Sale of Alcohol by Retail - Alcohol Consumption:
Both on and off the premises
Sale of Alcohol by Retail Start Monday:
12:00
Sale of Alcohol by Retail End Monday:
23:30
Sale of Alcohol by Retail Start Tuesday:
12:00
Sale of Alcohol by Retail End Tuesday:
23:30
Sale of Alcohol by Retail Start Wednesday:
12:00
Sale of Alcohol by Retail End Wednesday:
23:30
Sale of Alcohol by Retail Start Thursday:
12:00
Sale of Alcohol by Retail End Thursday:
23:30
Sale of Alcohol by Retail Start Friday:
12:00
Sale of Alcohol by Retail End Friday:
23:30
Sale of Alcohol by Retail Start Saturday:
12:00
Sale of Alcohol by Retail End Saturday:
23:30
Sale of Alcohol by Retail Start Sunday:
12:00
Sale of Alcohol by Retail End Sunday:
23:30
Opening Hours Start Monday:
12:00
Opening Hours End Monday:
00:00
Opening Hours Start Tuesday:
12:00
Opening Hours End Tuesday:
00:00
Opening Hours Start Wednesday:
12:00
Opening Hours End Wednesday:
00:00
Opening Hours Start Thursday:
12:00
Opening Hours End Thursday:
00:00
Opening Hours Start Friday:
12:00
Opening Hours End Friday:
00:00
Opening Hours Start Saturday:
12:00
Opening Hours End Saturday:
00:00
Opening Hours Start Sunday:
12:00
Opening Hours End Sunday:
00:00
Late Night Levy:
No

Conditions

Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence
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 +(DxV) 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.
(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 ofdisability).
The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
(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.
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.Responsible person is defined in Section 153(4) of the Licensing Act 2003.
The premises shall operate as a rustic style Café/ restaurant with bar and there will be no change to the brand or operating style without prior written notice to the Licensing Authority and Northumbria Police; which shall include details of the brand or operating style of the premises. The Licensing Authority shall advise within 21 days whether a formal application for variation or a new application is required and the licence holder shall comply with that direction.
Alcohol may only be served on the premises to persons seated taking a table meal and as ancillary to that meal.
The premises will only have one draft premium lager/beer available at any one time.
Alcohol shall not be sold or supplied unless suitable beverages other than alcohol (including drinking water) are equally available for consumption with or otherwise as an ancillary to meals served in the premises.
Waiter/waitress service shall be provided for all orders of food and drinks.
Off sales will be provided at the discretion of management and only in circumstances where either a customer has purchased food at the premises or where the supply is in conjunction with the supply of a catering service. Any alcohol provided for off sales will be in a sealed container.
Takeaway food will not be provided after 23:00hrs; except to customers who have dined at the premises and want to take their remaining food home. Takeaway will not include pizza's doner kebabs; chips or fried chicken (fried chicken may be included as an ingredient but not as a stand alone product)
A 'Challenge 25' policy shall be adopted; implemented and maintained ensuring that all members of staff are trained to refuse supply to anyone who appears to be under the age of 25 and who is seeking to obtain any age restricted product unless that person provides credible photographic proof of age evidence. Such credible evidence shall include a photograph of the customer and acceptable form of ID. Examples of acceptable ID are limited to photo card driving licence; passports; military identification or proof of age cards bearing the 'PASS' hologram. No other evidence of age and identity may be accepted.
There shall be displayed suitably worded signage of sufficient size and clarity at the point of entry to the premises and in a suitable location at any points of display and sale advising customers that underage supplies of alcohol are illegal and that they may be asked to produce evidence of age.
Staff shall refuse to supply alcohol to any adult who they reasonably suspect to be passing the alcohol to those underage. Details of such refusals shall be documented and made available to police or local authority on request.
An incident book shall be kept at the premises which is utilised and maintained at all times. This book will be available to the Police or local authority on request.
The Premises Licence Holder shall ensure that all relevant members of staff receive training in their responsibilities under the Licensing Act 2003. Such training shall be documented and records made available upon request from the Police or an authorised officer of the Licensing Authority.
A CCTV system shall be designed; installed and maintained in proper working order; to the satisfaction of; and in consultation with; Northumbria Police. Such a system shall:i) Be operated by properly trained staff;ii) Be in operation at all times that the premises are open;iii) Ensure coverage of all public entrances and exits; till areas; any existing outside areas and other areas as required by Northumbria Police; iv) Be kept in a secure environment under the control of responsibly named individual.v) During the times licensable activities are provided; have a member of staff present and trained in the retrieval of CCTV footage; with the ability to download the relevant footage onto a disc at the request from Northumbria Police;vi) Be capable of recognition of all persons entering the premises.vii) Provide continuous recording facilities for each camera to a high standard of clarity. Such recordings shall be retained on tape/disc/hard drive or otherwise for a minimal period of 28 days and shall be supplied to a Police and local authority on request. Images recorded are to be retained in an unedited format and the CCTV system must continually record whilst the premises is open.
The Premises Licence holder will at all times maintain adequate levels of staff. Such staff levels will be disclosed; on request; to the police and Licensing Authority.
A record must be kept detailing; the name of the person left in charge of the premises and at times and dates when the authority to cover the function of Designated Premises Supervisor exists. The record must be produced and made available at the time of the visit for inspection upon request by any responsible authority.
The last sale of alcohol will take place at 23:30 with a 30 minute drinking up period to commence then.
No refuse shall be deposited in any skip; bin to other container of a like nature; located in the open air outside of the premises between the hours of 22:00 and 08:00 Monday to Sunday; and any such skip; bin or container shall not be removed from the premises between those hours.
No deliveries shall be taken at or dispatched from the premises between the hours of 22:00 hours and 08:00 hours on any day.
A conspicuous sign will be placed at the exit of the premises to remind customers to be considerate of neighbours when leaving the premises.
At the close of business each day there will be a clear up of any litter and waste in the outside vicinity of the premises.
The level of amplified sound shall be background in style and enable customers to talk in comfort.
When regulated entertainment including recorded music is taking place all doors and windows will be closed.
The operator shall ensure that at all times when the premises are open for any licensable activity there are sufficient competent staff on duty at the premises for the purpose of fulfilling the terms and conditions of the licence and for preventing crime and disorder.
The maximum number of persons permitted on the premises at any one time shall not exceed a figure prescribed by the fire authority in accordance with the fire safety risk assessments and which is reasonable and reflects the maximum safety capacity as prescribed by the fire authority.