East Devon Tennis Centre

Withycombe Village Road, EXMOUTH, Devon, EX8 3AE

Premises Licence PLWA0576 from from 16/06/2009 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• 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

   

  1.              The consumption of alcohol must not be permitted other than within the licensed area.

  2.              The licence holder or people authorised by them must check the premises prior to its opening to the public in order to ensure there are no risks to patrons and that all safety precautions are in place.

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

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

  5.              All bottles, glasses and rubbish must be removed from public areas on a regular and frequent basis.

  6.              The electrical system at the premises, including portable appliances must be inspected and tested annually by a competent person and a satisfactory safety report obtained. A competent person will be a suitably qualified electrician who is registered with the ECA or NICEIC.

  7.              The Gas System, including appliances, must be inspected annually and tested by a Gas Safe Registered engineer and a satisfactory Gas Safety Certificate must be obtained.

  8.              Any oil fired boilers and appliances currently installed on the premises or installed in the future must be inspected and tested annually and an OFTEC certificate of inspection must be obtained.

  9.              All safety certificates and inspection reports must be kept on site and made available for inspection by officers of relevant statutory bodies.

  10.              The fire safety measures with which the premises are provided must be maintained in good working order, and their adequacy will be 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.

  11.              An adequate and appropriate supply of first aid equipment and materials must be available.

  12.              The licence holder must ensure that staff regularly patrol the premises both indoors and out to supervise the orderly conduct of patrons.

  13.              The licence holder, or persons authorised by them, must control the volume of regulated entertainment taking place at the premises.

  14.              No music or speech is permitted to be played by external speakers without the written consent of the Licensing Authority.

  15.              Where outside areas are provided for the use of patrons facilities for the depositing and the collection of litter must be maintained.

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

  17.              A proof of age policy agreed in writing by the Licensing Authority must be enforced.

  18.              No music or amplified sound is to be played except within the fitness suite and bar area and then not later than 21.00 hours on any day of the year unless the applicant has first submitted a comprehensive noise report detailing noise containment and materials to be used to acoustically insulate the licensed premises, and a noise limiter installed in each room and the levels to be set by an Environment Health Officer for Pollution from East Devon District Council.

  19.              The designated smoking area to be the small patio immediately adjoining the fitness suite.

  20.              Customers must be asked not to stand around talking in the street outside the premise or car park and must be asked to leave the vicinity quickly and quietly.

  21.              Suitable signage must be displayed at the patio entrance requesting patrons to respect the amenities of local residents.

  22.              An announcement must be made prior to closing requesting patrons co-operation in leaving the premises and vicinity as quietly and quickly as possible.

  23.              The licensable activities authorised by this licence must be restricted to the areas as indicated on the legend on the plan deposited with and approved by the Licensing Authority.

• 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.

   

Premises Plans

• Plan - East Devon Tennis Centre - Page 1 of 1