East Devon District Council

Smugglers Kitchen (The)

Fore Street, Beer, SEATON, Devon, EX12 3JF

Completed application 054376 which is a New Application for Premises Licence from 16/09/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• ANNEXE 1 - MANDATORY CONDITIONS

   

  1.              (a)              There shall be no sale or supply of alcohol when there is no designated premises supervisor in respect of this premises licence or at a time when the said premises supervisor does not hold a personal licence or when his/her licence is suspended.

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

  2.              (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).

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

  4.              (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.

  5.              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.”

  6.              (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 7(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 + (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.

  (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.

   

   

• ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Prevention of Crime and Disorder.

   

  A CCTV system shall be installed to cover all entry and exit points enabling frontal identification of every person entering in any light condition.

   

  The CCTV system shall continually record and cover areas where alcohol is kept for selection and purchase by the public, whilst the premises is open for licensable activities. It shall operate during all times when customers remain on the premises.

   

  All recordings shall be stored for a minimum period of 31 days with correct date and time stamping and shall be made available immediately upon the request of Police or an authorised officer of the council throughout the preceding 31 day period.

   

  A staff member from the premises who is conversant with the operation of the CCTV system, shall be on the premises at all times when the premises are open to the public. This staff member must be able to show a Police or authorised council officer recent data or footage with the absolute minimum of delay when requested.

   

  CCTV shall be downloaded on request of the Police or authorised officer of the council.

   

  Appropriate signage advising customers of CCTV being in operation, shall be prominently displayed in the premises.

   

  A documented check of the CCTV shall be completed weekly to ensure all cameras remain operational and the 31 days storage for recordings is being maintained.

   

  A premises daily register shall be kept at the premises. This register shall be maintained and kept for a rolling period of 12 months. The register shall record all incidents which may have occurred which are relevant to the supply of alcohol and the promotion of the licensing objectives. Such incidents shall include, but not be limited to, complaints made to the premises alleging nuisance or anti-social behaviour by persons attending or leaving the premises and all refusals to sell alcohol. 

   

  The register shall be readily available for inspection by an authorised person upon reasonable request.

   

  Super-strength lagers, beers and/or ciders, i.e. those with an ABV of 6.5% or higher, shall not be sold at the premises.

   

  Public Safety.

   

  All exit routes shall be kept unobstructed, shall have non-slippery and even surfaces, shall be free of trip hazards and shall be clearly signed.

   

  Public areas shall be maintained free from obstruction and trip hazards.

   

  The premises licence holder shall ensure that a suitable fire risk assessment and emergency plan is in place at all times.

   

  An adequate and appropriate supply of first aid equipment and materials shall be available on the premises.

   

  Regular checks and maintenance shall be carried out on all equipment, electrical installations, emergency lighting and fire alarms and equipment to ensure their continued safe operation. A written record of these checks shall be kept and made available to an authorised officer of the licensing authority.

   

  Prevention of Public Nuisance. 

   

  Arrangements shall be put in place to ensure that waste collection contractors do not collect refuse between 19:00 and 07:00. 

   

  Patrons using outside area of the premises shall be monitored regularly to ensure the potential for noise nuisance is controlled. 

   

  Signage requesting customers to be respectful of others when entering or leaving the premises shall be installed in a prominent position by the premises’ exit. 

   

  No person shall be allowed to leave the licensed area whilst in the possession of any open drinking vessel, whether empty or containing any beverage. 

   

  Loudspeakers shall not be placed outside the premises building. 

   

  Protection of Children from Harm. 

   

  The Licensee to adopt a “Challenge 25” policy where all customers who appear to be under the age of 25 and attempt to purchase alcohol or other age-restricted products are asked for proof of their age. The Licensee to prominently display notices advising customers of the “Challenge 25” policy. The following proofs of age are the only ones to be accepted:

  •              Proof of age cards bearing the “Pass” hologram symbol

  •              UK Photo Driving licence

  •              Passport

  •              A Military ID Card

   

  Notices advertising that the premises operates a "Challenge 25" scheme shall be displayed in a clear and prominent position at the premises entrance.

   

  All occasions when persons have been refused service shall be recorded in the premises daily register.

   

  The register will contain details of time and date, description of the attempting purchaser, description of the age restricted products they attempted to purchase, reason why the sale was refused and the name/signature of the salesperson refusing the sale. 

   

  Documented delegation of authorisations to sell alcohol shall be maintained at the premises and shall be available on request by an authorised officer of the Licensing Authority or a constable.

   

  A prominent clear notice shall be displayed at the point of entry to the premises advising customers that they may be asked to produce evidence of their age if seeking to purchase alcohol.

   

  All alcohol for delivery shall be ancillary to a food order.

   

  Where alcohol is offered for sale and delivery on the company’s website the following terms shall apply:

   

  a)              Orders are only acceptable from customers over the age of 18. 

  b)              A "Challenge 25" scheme is operated and customers who appear to be under the age of 25 will be required to produce a valid form of identification before the consignment of alcohol is delivered to them.     

  c)              The only acceptable forms of ID are:

                i.   proof of age card bearing the PASS hologram logo;  

                ii.  passport; or  

                iii. UK photo driving licence.

                iv. A Military ID Card

  d). Alcohol will not be delivered to any person who is challenged and fails to provide an acceptable form of ID

   

  There shall be the following statement on the premise’s website before point of order: “You must be 18 years old or over to purchase alcohol from this website.  Be aware that purchases of alcohol are subject to a ‘Challenge 25’ age verification scheme. 

  It is a criminal offence for anyone under the age of 18 to buy or attempt to buy alcohol, and for anyone buying or attempting to buy alcohol for persons under the age of 18. 

  All purchases and attempted purchases are recorded.”   All deliveries will be made by a reputable courier who has a relevant age verification process or the premises Licence holder, or a direct employee of the Premises Licence holder.

  Alcohol shall not be delivered to a person in a public place (e.g. car park, street corner, bus stop etc.)

   

  Where deliveries are made by the Premises Licence holder, or a direct employee of the Premises Licence holder, the person making the delivery shall carry a book, or other form of record, in which they shall record the date, time and circumstances under which any challenge is made in accordance with the "Challenge 25" scheme. This record, a version of which must be kept in English, shall be made available for inspection by any police, community support or authorised Council officer upon demand. The Designated Premises Supervisor shall frequently check the record to ensure all staff are using it and shall sign and date it immediately after the latest entry as a record of doing so.

   

   

   

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None. 

   

• ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The licensable activities authorised by this licence will be confined to the areas that are outlined in RED on the plans submitted to and approved by the Licensing Authority.

   

   

Premises Plans

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