Full Variation - Benfleet Tandoori

Applicant: Graham Hopkins, GT Licensing Consultants

Proposed amendment to the licence:

The business operates as a bona fide restaurant with service by dine in, customer collections & home deliveries.
1) To increase the permitted hours for the sale of alcohol for consumption on the premises to be from 11.00 until 01.00 the following day all week. 
2) To add the sale of alcohol for consumption off the premises to be from 11.00 until 01.00 the following day all week.
3) To increase the permitted hours for the performance of live and recorded music, provision of performances of dance and the provision of late night refreshment to be until 01.00 the following day all  week.
4) To remove all existing conditions under "The Prevention of Crime & Disorder",  "Prevention of Public Nuisance and  "Protection of Children From Harm" headings at Annex 2 of the premises licence and replace them with the proposed conditions listed at Section 16 of the application form. 

New Proposed  conditions:

The prevention of crime and disorder

1) The premises shall primarily operate as a restaurant with a capacity of 72 for dine in service. 

2) The sale of alcohol for consumption on the premises shall only be permitted to seated customers with all service by waiting staff only. Customers shall be permitted to purchase alcohol with or without food. A substantial food offer shall be available for most of the opening hours of the restaurant. Customers shall also be permitted to purchase alcohol before during and after a meal.  

3) The sale of alcohol for consumption off the premises shall only be permitted to accompany a substantial order of food by customer collection or home delivery.

4) No persons shall be supplied with alcohol at a bar or place of similar description within or outside the premises. No vertical drinking shall be permitted on the premises.

5) The premises shall have installed and maintain a closed-circuit television surveillance (CCTV) system which at all times complies with the below requirements:  

(a) CCTV shall be provided in the form of a recordable system, capable of providing pictures of evidential quality {in all lighting conditions} particularly facial recognition;
b) The system must comply with the minimum standards & requirements of Essex Police.
(c)  CCTV cameras shall cover all entrances {and exits} and the areas where alcohol sales take place;
(d) Equipment shall be maintained in good working order, be correctly time and date stamped, recordings shall be kept in good working order and kept for a minimum period of {31} days;
(e) Upon the reasonable request of the Police or Responsible Authority Officers, within 48 hours viewable copies of recordings shall be provided.

6) Signs shall be displayed at all entrances {and exits} advising customers that CCTV is operating at the premises and shall be a minimum size of 200 x 148 mm and clearly legible at all times when the premises conducts licensable activities.

7) An incident log shall be kept at the premises, and made immediately available to Police or Responsible Authority Officers upon reasonable request. The log shall be completed as soon as is possible and within any case within 4 hours of the occurrence and shall record the following:  
(a) All crimes reported to the venue.  
(b) All ejections of patrons.  
(c) Any complaints received concerning crime and disorder.  
(d) Any incidents of disorder.
(e) All seizures of drugs or offensive weapons.  
(f) Any faults in a CCTV system, searching equipment or scanning equipment  mandated as a condition of the licence. 
The incident log shall either be electronic or maintained in a bound document with individually numbered pages and be retained for at least {12} months from the date of the last entry. 

8)  A Challenge 25 scheme shall be operated, whereby any person who appears to be under the age of 25 years of age is required to produce on request an item which meets the mandatory age verification requirement (photo, name, date of birth and either a holographic mark or ultraviolet feature) and is either a:  
        Proof of age card bearing the PASS Hologram. 
        Photocard driving licence.  
        Passport. 
 or UK Armed Forces Identity Card.

9) The premises shall clearly display signs at each point of sale and in areas where alcohol is displayed advising customers that a ‘Challenge 25’ policy is in force.  At the point of sale, such signs shall be a minimum size of 200mm x 148mm.

10) A refusals record shall be maintained at the premises that details all refusals to sell alcohol.  Each entry shall, as a minimum, record the date and time of the refusal and the name of the staff member refusing the sale. All entries shall be made as soon as possible and in any event within 4 hours of the refusal and the record shall be made immediately available to Police or Responsible Authority Officers upon reasonable request. 
The refusals record shall be either electronic or maintained in a bound document and retained for at least 12 months from the date of the last entry.

11) All staff engaged in the sale or supply of alcohol on the premises shall have received training in relation to the protection of children from harm (including under-age sales), how to recognise drunkenness and the duty not to serve drunk persons. Refresher training shall be carried out at least every six months. 
Training records shall be kept on the premises (or otherwise be accessible on the premises) for a minimum of 12 months and made immediately available to Police or Responsible Authority Officers upon reasonable request.

12)  Notices shall be appropriately displayed requesting customers to be quiet and considerate to residents and businesses when they leave the premises.

13)  No waste especially glass bottles shall be moved within, removed from or placed in outside areas between 22.00 hours and 08.00 hours on the following day.

14)  Except when being used for entry or egress by a patron, all windows and door shall be kept shut when music is being played after 2200 hours.

15) No bottles or cans of alcohol shall be permitted to be taken outside the premises except to accompany a substantial order of food for customer collection or home delivery. No glasses shall be removed  or taken outside the premises at any time.

16) Off sales of alcohol shall be limited to accompany a substantial order of food for customer collection or home delivery.

17) At the time an online order is placed a declaration shall be required from the person placing the order that they are over 18 years of age.

18) When placing telephone orders that include alcohol customers shall be reminded that ID shall be required upon delivery. 

19) All deliveries of alcohol shall be made only to the address given at the time of ordering.

20) Alcohol shall not be delivered to any person other than at the residential or business address given. It shall not be delivered to persons in the vicinity of the premises or in a park, street or similar location.

21 All orders for home deliveries which include alcohol shall be paid for at the time of ordering via the internet, or via telephone credit card payment. There shall be no cash or payment taken at the time of delivery.

The prevention of public nuisance

1) All doors & windows shall be closed during regulated entertainment except for the entry or exit of customers. (Please note that the restaurant has lobbied doors to the front.)
2) A phone number shall be displayed for residents to contact Management with any concerns. Details of any complaints and the action taken shall be recorded in the Incident Book.

3) Staff shall direct customers to the nearby cab office / cab rank or call a cab for customers on request. 

4) The restaurant frontage shall be swept at close and kept tidy at all times.

The protection of children from harm

1) The Challenge 25 proof of age policy shall be adopted. See condition 8 at Box B (Prevention of Crime & Disorder) for full details.
2) All staff engaged in the sale or supply of alcohol shall receive full training on induction and refresher training every six months.  See condition 11 at Box B (Prevention of Crime & Disorder) for full details.
3) No child or young person under the age of 18 shall be permitted to consume alcohol on the premises at ant time. 
4) No unaccompanied children under 16 shall be permitted to be on the premises after 20.00. 

Proposed Opening Hours: