Application Details

Application Number:
76796
Licence Number:
26810
Licence Description:
Licensing Act 2003
Licence Type:
Premises Licence
Application Type:
Full Variation
Status:
In progress
Licensee:
Ski Promotions Limited
Agent:
Sarah Smith
Trading Name:
Horticulture and Pepo
Licence Address:
1 - 3 Market Lane
Newcastle Upon Tyne
NE1 6QQ
Received Date:
06-04-2022
Consultation End Date:
04-05-2022
 

  Application Specifics

Premises Licence

Details of Proposed Application / Variation:
Application for a variation to a premises licence: 1. To vary the layout of the premises to incorporate the neighbouring Don Vito's site, as set out in the layout plan submitted with the application. 2. To replace all conditions under Annex 2 with the Schedule of Conditions submitted with the application. 3. To permit off sales of alcohol, limited in accordance with the Schedule of Conditions. 4. To permit all licensed activities to be extended for an additional hour on the day that GMT changes to BST
Performance of a Play:
No
Exhibition of a Film:
Yes
Indoor Sporting Event:
No
Boxing or Wrestling :
No
Performance of Live Music:
No
Playing of Recorded Music:
No
Performance of Dance:
No
Anything of a similar description to that falling within (E), (F) or (G):
No
Provision of Late Night Refreshment:
Yes
Supply or Sale by Retail of Alcohol:
Yes

Premises Licence Times

Licence Activity Times

PLAYING OF RECORDED MUSIC AND SIMILAR
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
PERFORMANCE OF DANCE AND SIMILAR
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
PERFORMANCE OF LIVE MUSIC AND SIMILAR
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
PLAYS
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
FILMS
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
INDOOR SPORTING EVENTS
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
BOXING OR WRESTLING ENTERTAINMENT
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
LIVE MUSIC
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
RECORDED MUSIC
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
PERFORMANCE OF DANCE
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
OTHER STANDARD ACTIVITIES
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
LATE NIGHT
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
SUPPLY OF ALCOHOL
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 
OPENING HOURS
Start Time
End Time
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
 
 
 

Conditions

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.
Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence
(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.
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.
Only films that have been classified by the British Board of Film Classification or by any other body designated under section 4 of the Video Recordings Act 1984 may be exhibited on the premises.
The admission of children (ie. persons under 18 years of age) to the exhibition of any film must be restricted in accordance with any recommendation made by:a) the British Board of Film Classification;b) a film classification body designated from time to time under section 4 of the Video Recordings Act 1984; or;c) the Licensing Authority; following notification to the licence holder that section 20 (3) of the Licensing Act 2003 applies to the film in question.
The premises shall operate as a bar and restaurant providing food and drink. There shall be no change to the operating style without proper written notice to the Licensing Authority; which shall include details of the operating style proposed. The Licensing Authority shall advise within 21 days whether a formal application for full or minor variation or a new licence is required and the licence holder shall comply with that direction.
The premises will trade primarily as a restaurant and sale or supply of alcohol will be ancillary to the premises' main use as a restaurant.
A substantial food offering will be available until at least one hour before the cessation of sale of alcohol
Waiter/waitress service will be available throughout the hours that the premises are open.
At any given time; a minimum of 70% of the public trading area will be set aside for tables and chairs.
A meeter/greeter will be on duty to direct customers to their tables.
Alcohol sales to customers who are standing will be restricted to persons waiting for tables and shall be no more than 30% of the trading area at any one time. The meeter/greeter will manage customers entering the premises to ensure compliance.
The operator shall ensure that at all times when the premises are open for any licensable activity there is 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 operator and designated premises supervisor shall conduct a risk assessment for the general operation of the premises and in the case of individual bespoke events.
No noise from the premises; including noise from patrons; amplified music or live music shall be audible beyond the boundary or within any parts of the building which do not form part of the licensed premises.
Save for music led events the level of amplified sound shall be background in style and enable customers to talk in comfort.
A CCTV system shall be designed; installed and maintained in proper working order; to the satisfaction of the Licensing Authority and in consultation with Northumbria Police. Such a system shall:-a) be operated by properly trained staff;b) be in operation at all times that the premises are being used for a licensable activity;c) ensure coverage of all entrances and exits to the licensed premises internally and externally;d) ensure coverage of such other areas as may be required by the Licensing Authority and Northumbria Police;e) provide continuous recording facilities for each camera to a good standard of clarity. Such recordings shall be retained on paper or otherwise may be put on tape or otherwise (for a period of 28 days); and shall be supplied to the Licensing Authority or Police Officer on request;f) During times licensable activities are provided; a member of management or staff will be contactable and trained in the retrieval of CCTV footage; with the ability to download relevant footage onto a disc within a reasonable time of any request from Northumbria Police to do so.
A Challenge 25 policy shall be adopted ensuring that all members of staff at the premises shall refuse to sell alcohol to anyone who appears to be under the age of 25 and who is seeking to purchase alcohol unless that person provides credible photographic proof of age evidence. Such credible evidence; which shall include a photograph of the customer; will either be a passport; photographic driving licence; military ID or Proof of Age card carrying a 'Pass' logo.
Every sale of alcohol for consumption on the premises shall be at not less than the minimum price calculated in accordance with the following or as varied in accordance with this condition:- Bottle/330ml of beer; lager; cider; perry or similar £3.50Pint glass of beer; lager; cider; perry or similar £3.50125ml of wine or similar £3.50175ml of wine or similar £4.00250ml of wine or similar £4.50Bottle/750ml of wine or similar £14.00Measure/25ml of spirits; liqueurs or similar £3.50Measure/50ml of spirits; liqueurs or similar £4.50Measure/50ml of fortified wine or similar £3.50Where alcohol is supplied under the premises license of a type not expressly referred to above; the minimum price applicable to the supply shall be the minimum price for the type of alcohol referred to above that is most similar to that supplied.The minimum price shall be varied every two years following discussion with the Premises License Holder as follows: unless the Licensing Authority consider it appropriate not to do so:-i. The retail prices index shall be as defined in section 989 of the Income Tax Act 2007 (being currently; the general index of retail prices (for all items) published by the Statistics Board or; if that index is not published for a relevant month; any substituted index or index figures published by the Board).ii. The first variation shall take place on the 1st December 2020 and each subsequent variation shall take place in every two years thereafter.iii. The varied minimum price shall be the sum produced by multiplying the minimum price then applicable by a figure expressed as a decimal and determined by the formula:1 + (RD - Rl)/RIWhere RD is the retail prices index for the 1st September 2018 or each subsequent second anniversary of 1st September 2016 and RI is the retail prices index for the 1st September 2018 (or each subsequent second anniversary of 1st September 2020).iv. The figure determined in accordance with this formula is rounded to the nearest third decimal place.v. If in relation to any two year period RD is equal to or less than RI; the figure determined in accordance with the formula shall be 1 and there shall be no change in the minimum price for that year.vi. The varied minimum price shall after application of the formula be rounded up or down to the nearest £0.05.Before the 1st December 2020 and each second anniversary of 1st December 2020; the Licensee shall give notice to the Licensing Authority of the varied minimum prices calculated in accordance with this condition unless otherwise agreed.
There will be no specific trading hours/evenings when alcohol is discounted and used as a vehicle to attract customers.
There shall be no hot food takeaway facility at the premises after 23:00 hours; save for to customers who have consumed a table meal or those who have pre-ordered food to be delivered via a delivery service.

Documents

Description Thumbnail Download/View
Hort-Revised-Annex-2-conditions-rev-A-4893900.1-.pdf Download
Application-plans-4901669.1-.pdf Download
Application-to-vary-a-premises-licence-form.pdf Download