Seaton Tram Station

Underfleet, SEATON, Devon, EX12 2TB

Completed application 045917 which is a New Application for Premises Licence from 21/05/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• 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.

  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.              No anti-social behaviour or drunkenness will be tolerated.

  2.              At least one personal licence holder will be on duty at all times when alcohol is available for sale.

  3.              CCTV, fire and security alarms will be installed and maintained in all areas of the licenced premises.

  4.              CCTV images will be retained for a minimum of 14 days and to be produced on the request of the Police or a Licensing Officer of East Devon District Council.

  5.              The CCTV system will be operational at all times the premises are trading. If the system is faulty or not working then the Police and East Devon Licensing Service will be informed immediately. Details of the malfunction will be recorded in the premises incident book.

  6.              A4 sized warning notices will be displayed in public areas of the premises and at all entrances advising that CCTV is in operation.  The signs located at entrances will be located on the exterior of the building at, and adjacent to, all public access doors.  All signs must comply with the requirements of the Data Protection Act 2002.

  7.              An incident book will be maintained within which full details of all occurrences of disorder and refused alcohol sales at the premises are recorded.  The incident book will be kept on the premises at all times and made available for inspection by officers of both the Licensing Authority and the Police.

  8.              Suitably qualified door supervisors wearing clothing to make them clearly identifiable will be employed when both the provision of regulated entertainment and the supply of alcohol are taking place.

  9.              No one carrying open or sealed bottles or glasses will be admitted to the premises at any time and no visitors will be permitted to take open containers or alcoholic or soft drinks from the premises.

  10.              The licensable amplified evening music events will all finish at 11pm or earlier.

  11.              Major incident procedures, evacuation, emergency access, signage, fire, first aid, security & alarms and alcohol consumption have been addressed through our Safety Management System (ROGS Safety Regulations 2006) which is regulated by Her Majesty's Railway Inspectorate.

  12.              Regular Risk Assessments and maintenance checks are carried out across the network, including Seaton Tram station.

  13.              All regulated entertainment events have a capacity by way of a booking system, none of which exceed 200 at any time.

  14.              Irresponsible drinks promotions or Happy Hours are not held at the premises.

  15.              The licence holder or members of staff authorised by them must check the premises prior to its opening to the public in order to ensure there are no risks to customers and that all safety precautions are in place.

  16.              The licence holder must ensure that all staff receive appropriate training regarding emergency and general safety precautions and procedures.

  17.              The licence holder must ensure that all staff are aware of their social and legal obligations and their responsibilities regarding the sale of alcohol.

  18.              Free drinking water is available at all times that the premises is open to the public.

  19.              All bottles, glasses and rubbish is removed from public areas on a regular and frequent basis. 

  20.              The electrical system at the premises, including portable appliances is inspected and tested annually by a competent person and a satisfactory safety report obtained.  A competent person is the qualified electrician who is registered with the ECA or NICEIC. All safety certificates and inspection reports are kept on site and are available for inspection by officers of relevant statutory bodies. 

  21.              The fire safety measures with which the premises are provided will be maintained in good working order, and their adequacy is determined on a regular basis, by the carrying out of a fire risk assessment as required by, and in accordance with the Regulatory Reform (Fire Safety) Order 2005.

  22.              An adequate and appropriate supply of First Aid equipment and materials is available on the premises.

  23.              The licence holder will ensure that staff regularly patrol the premises both indoors and out to supervise the orderly conduct of customers.

  24.              People will be asked to leave quietly at the end of the evening in case of late night events, all music events will be finished by 2300 or earlier.

  25.              Prominent, legible notices requesting people to leave the premises and area quietly will be displayed at all exits.

  26.              The licence holder, or persons authorised by them, controls the volume of the regulated entertainment taking place at the premises, by the installation of a noise limiter.

  27.              External doors and windows will be kept shut, other than for access and egress in all areas when events involving amplified music or speech or other entertainment are likely to rise to noise.

  28.              No music or speech will be permitted to be played by external speakers without written consent from the Licensing Officer of East Devon District Council.

  29.              There will be ample provision of litter bins including recyclables.

  30.              Where drinks are going to be consumed in outdoor areas they must be served in plastic or toughened glass.

  31.              Whilst children will be allowed into the premises with an accompanying adult for the evening events, they are not actively encouraged through the marketing & promotion, unless it is a child-specific event. 

  32.              There will be a full range of soft drinks on sale if children are present at evening events.

  33.              The premises will adopt a Challenge 21 policy. The only acceptable forms of ID will be Passport, Photo Driving Licence or Government Approved PASS Card.

  34.              All refusals will be recorded in a refusal book

  35.              All staff and volunteers will have been through the CRB process before engaging directly in any children's entertainment or activities in line with company protocol.

  36.              If there is restrictions on the admission of children to the premises this will be displayed outside the premises.

  37.              No individual member of staff under the age of 18 will be permitted to sell alcohol. All staff will undergo regular training and understand what is required of them under the legislation.

  38.              A record of the training will be kept and the member of staff asked to sign to say that they have understood it.  These records will be checked and signed on a regular basis by management.

  39.              Members of staff will be advised that they themselves might be personally liable if they sell to young persons in breach of the legal requirements.

•  

  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.