The Bank & Number 9

St Andrews Road, EXMOUTH, Devon, EX8 1AP

Completed application 057561 which is a Cancellation/Surrender for Premises Licence from 02/08/2017 to 09/04/2024

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• provision of late night refreshment
• the supply of alcohol
• a performance of live music
• any playing of recorded music

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.

  7.              (a)              Admission of children (under the age of 18) to any exhibition of films must be restricted in accordance with the film classification applied by the body designated as the authority under Section 4 of the Video Recordings Act 1984.

  (b)              Where the film classification is not specified or where the Licensing Authority notifies the licence holder that Section 20(3) (b) applies to the film in question, admission of children must be restricted in accordance with any recommendations made by the Licensing Authority.

  8.              Any person used to carry out a security activity as required under any condition of this licence/certificate must be licensed or authorised to do so by the Security Industry Authority.

• ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1. The premises consist of two venues known as the Bank and Number 9. They are joined at the rear by a communal beer garden in which is situated a bar servery that is permanently erected but not operated full time.

   

  2. On Sunday to Thursday inclusive, the Premises Licence Holder and/or DPS shall carry out a risk assessment, taking the layout of the premises and the proposed activity to be carried out into consideration, to determine whether door stewards are required and employ SIA stewards in such numbers and at such times determined by that risk assessment.

   

  3. On Fridays from 22.00hrs there will be a minimum of four (4) SIA Door Staff. If either venue closes there will be a minimum of three (3) SIA Door Staff.

   

  4. On Saturdays from 22.00hrs there will be a minimum of four (4) SIA Door Staff.

   

  5. On Bank Holiday Sundays from 22.00hrs there will be a minimum of five (5) SIA Door Staff.

   

  6. On New Year’s Eve from 21.00hrs there will be a minimum of six (6) SIA Door Staff.

   

  7. The maximum occupancy figure for the premises will be a figure agreed with the Licensing Authority and the Devon and Somerset Fire & Rescue Service based on fire safety issues, available floor space and sanitary accommodation available.

   

  8. A personal licence holder shall be in attendance during the whole of the period that licensable activities are taking place.

   

  9. The designated premises supervisor will ensure that all staff receive suitable training as to what to do in an emergency and in general safety precautions and normal operation procedures.

   

  10. The designated premises supervisor will ensure that where doorstaff are employed in the premises they enter in a register kept for that purpose their full name, Security Industry Authority badge number (including expiry date), the time that they began their duty and the time that they completed duty, immediately after doing so. The register shall be kept on the premises at all times and shall be made available for inspection by a police officer or duly authorised officer of the licensing authority. Registers shall be retained for at least 12 months from the last entry.

   

  11. CCTV will be installed, maintained and operated to the satisfaction of the Chief Officer of Police and Local Authority.

   

  12. CCTV images will be retained for a minimum of 28 days copies of which will be supplied to the Licensing Authority or Police upon request.

   

  13. If the CCTV equipment is inoperative, the Police and Local Authority will be informed as soon as possible and immediate steps will be taken to put the equipment back into action.

   

  14. A notice will be displayed at the entrance to the premises advising that CCTV is in operation.

   

  15. All outside live and recorded music will cease at 11pm.

   

  16. No customers carrying open or sealed bottles will be admitted to the premises and no customers will be permitted to take open bottles or glasses from the premises.

   

  17. Used glasses and bottles will be regularly removed from public areas.

   

  18. All external doors and windows will be kept shut other than for access or egress when events involving amplifies music or entertainment are likely to give rise to noise.

   

  19. The designated premises supervisor, or such person so authorised by him, will control the volume of music or other apparatus used.

   

  20. Door staff and staff employed at the premises will endeavour to encourage patrons leaving the premises to do so quietly.

   

  21. A senior member of staff will assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment.

   

  22. All means of escape, i.e. corridors, gangways, passages, stairways, exitways, etc. shall be kept free from obstruction at all times when members of the public are on the premises.

   

  23. The emergency lighting with which the premises are provided shall be maintained in efficient working order and be in operation during the whole time that the public are in the premises. The existing system must illuminate all exit signs, doorways, step and passages forming exit routes from the licensed premises and any other part of the premises specified in the schedule of conditions and shall be independent of the normal lighting system. Oil lamps and candles shall not be used.

   

  24. The premises will operate a Challenge 21 policy. The only acceptable forms of ID will be Passport, Photo Driving Licence, Government approved PASS Card and military ID bearing Photo and date of birth.

•  

  ANNEXE 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.