Sam Moi Oriental Noodle Bar and Restaurant

8 Hamilton Road, Felixstowe, Suffolk, IP11 7AU

Completed application 043826 which is a New Application for Premises Licence from 09/12/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• Annex 1 - Mandatory Conditions

  Where a premises licence authorises the sale of alcohol, the licence must include the following conditions:

   

  1. (1) No supply of alcohol may be made under the premises licence -

   

           At any time when there is no designated premises supervisor in respect of the premises, or

           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.

   

  2. (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.

  3. 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.

   

  3.1 . 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(a);

                   (b) “permitted price” is the price found by applying the formula-

   

  P = D + (D×V)

  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(a).

   

  3.2 . 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.

   

  3.3  (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.

   

• Annex 2 - Conditions Consistent with the Operating Schedule

  RESTAURANT LICENCE

   

  Licensing Act 1964, Sections 95 - Part IV licences for restaurants, guest houses etc

   

  1              Alcohol may be sold or supplied:

   

  On weekdays, other than Christmas Day, Good Friday or New Year’s Eve from 11a.m.

  To 12 a.m.

  On Sundays, other than Christmas Day or New Year’s Eve and on Good Friday, 12 noon to 11.30 p.m.

  On Christmas Day 12 noon to11.30 p.m.

  On New Year’s Eve, except on a Sunday, 11 a.m. to midnight.

  On New Year’s Eve on a Sunday, 12 noon to 11.30 p.m.

  On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31 December).

   

  2              The above restrictions do not prohibit:

   

  During the first twenty minutes after the above hours the consumption of the alcohol on the premises;

  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;

  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 an ancillary to the meals;

  Consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the premises.             

   

  3              Suitable non-alcoholic beverages, including drinking water shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises.

   

   

  4         The premises must be bona fide used for the purpose of habitually providing the customary main meal at midday or in the evening, or both, for the accommodation of persons frequenting the premises.

   

  5         Alcohol shall not be sold or supplied on the premises otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to his meal.

   

   

• Annex 3 - Conditions attached after a hearing by the licensing

  authority