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Details for Case Reference: LICPR/05/904745

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Property Details
Case Reference Number: LICPR/05/904745
Trading Name and Address: Bertie Blossoms
323 Portobello Road, LONDON, W10 5SY
Ward: Golborne
Conservation Area:
Designated Premises Supervisor: Ms Maria Fernanda Rivas Fernandez
Licensee Details
Licensee:

That Dive Bar Portobello Limited
41 Great Portland Street
London
W1W 7LA

Licence Details
Licence Type: Premises Licence
Licence Number: 05/904745/12
First Licence Date: 20/05/2005
Latest Start Date: 29/04/2022
Expiry Date:
Licence Terminated:
Reason:
Licensable Activities and Conditions
Granted Licensable Activities Sale by retail of alcohol - On the Premises
See conditions annex 2 for non standard times, seasonal variations and other restrictions
Monday 10:00 to 24:00
Tuesday 10:00 to 24:00
Wednesday 10:00 to 24:00
Thursday 10:00 to 24:00
Friday 10:00 to 24:00
Saturday 11:00 to 24:00
Sunday 12:00 to 23:30

Playing of recorded music - Indoors
Unrestricted Hours

Provision of late night refreshments - Indoors
New Year's Eve from 23.00 to 05.00 the following day
Monday 23:00 to 00:30
Tuesday 23:00 to 00:30
Wednesday 23:00 to 00:30
Thursday 23:00 to 00:30
Friday 23:00 to 00:30
Saturday 23:00 to 00:30
Sunday 23:00 to 24:00

Regulated Entertainment for Private Use - Indoors

Conditions 01 (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).

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


03 (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.

04 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: ╜ 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.

05 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.

06 (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) Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

07 Alcohol shall not be sold, supplied or consumed in the premises except during permitted hours.
In this condition, permitted hours means:
a) On the following weekdays, namely Monday to Friday, other than Christmas Day, or Good Friday, 10 a.m. to midnight,
b) On Saturdays during the months of August to the following May, other than Christmas Day, 11 a.m. to midnight; on Saturdays during the months of June and July 10 a.m. to midnight
c) On Sundays, other than Christmas Day; and on Good Friday: 12 noon to 11:30 p.m.
d) On Christmas Day: 12 noon to 11:30 p.m.;
e) On New Year's Eve, from the end of the 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, until midnight on 31 December).


08 The above restrictions on the sale and supply of alcohol do not prohibit:
during the first twenty minutes after the above hours, the consumption of alcohol on the premises;
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.
where this licence permits off sales, 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;
where this licence permits off sales, the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
consumption of alcohol on the premises by, or the taking of, sale or supply to, any person residing on the premises
the sale or supply of alcohol to a trader or club for the purposes of the trade or club;
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;
(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 designated premises supervisor, or the consumption of alcohol so supplied, if the alcohol is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises


09 No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:
(1) He is the child of the holder of the premises licence.
(2) He resides in the premises, but is not employed there.
(3) 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.
(4) The bar is in 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 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. - This condition is of "nil effect" and the child provisions contained within the Licensing Act 2003 shall apply.


10 After 20:00pm alcohol shall only be sold to customers seated at tables (including the bar servery) on the hatched ground floor area only.


11 Alcohol shall only be sold by waiter or waitress service to customers seated at tables on the unhatched ground floor area only.

12 Alcohol shall only be sold to customers on the mezzanine floor who are having a meal after 20:00pm.

13 Substantial food shall be available daily, including evening meals.


14 No noise or vibration associated with the operation of plant at the premises shall give rise to a nuisance to the occupiers of neighbouring properties.


15 No smells generated from the cooking processes at the premises, shall give rise to nuisance to occupiers of neighbouring properties.


16 The premises shall close, and all patrons to have left the premises, no later than 30 minutes after the end of the permitted hours for the sale by retail of alcohol on the premises.

17 Clearly legible notices shall be displayed at all exits from the premises requesting patrons to respect the needs of local residents and to leave the premises and area quietly.


18 Rubbish including bottles or cans shall not be deposited outside the premises, refuse collections and deliveries shall not take place between 23:00 hours and 07:00 hours;


19 The external doors of the premises shall be kept closed except for immediate access and egress and the folding French windows shall be locked shut from 22:00 until the premises closes.


20 The Premises Licence Holder shall provide and maintain a dedicated telephone number of the Designated Premises Supervisor or the duty manager for use by any person who may wish to make a complaint during the operation of the licence, which shall be provided to the Licensing Authority and local residents' associations. Any change to the number shall be notified to the Licensing Authority and to local residents' associations within 7 days of the change.


21 The external tables will be taken inside by 22:00.


22 The 3 booths at the back to be dining only after 20:00 (e.g. no drinking only in these booths after this time).


23 The front external drinking area shall be kept clear of all customers consuming drink and / or food from 22:00 until the premises closes to the public.


24 On Monday to Saturday nights, after 23:00, the retail sale of alcohol shall be ancillary to a substantial table meal.

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London W8 6PW
Licensing Telephone Number: 020 7341 5152
Licensing Email Address: [email protected]