East Devon District Council

Gerrard Arms

St Andrews Square, COLYTON, Devon, EX24 6JN

Completed application 054202 which is a Change of Supervisor for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.

  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

   

  Embedded Conditions Consistent with the Licensing Act 1964

   

  1.              The permitted hours to sell alcohol on this licence do not prohibit or restrict on the licensed premises the sale or supply to, or consumption of alcohol by, any person residing on the premises.

  2.              The permitted hours to sell alcohol on this licence do not prohibit or restrict the sale of alcohol to a trader or club for the purposes of the trade or club.

  3.              The permitted hours to sell alcohol on this licence do not prohibit or restrict the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered.

  4.              The permitted hours to sell alcohol on this licence do not prohibit or restrict the taking of alcohol from the premises by a person residing there.

  5.              The permitted hours to sell alcohol on this licence do not prohibit or restrict the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by them at their own expense, or the consumption of persons so supplied.

  6.              The permitted hours to sell alcohol on this licence do not prohibit or restrict the supply of alcohol for consumption on premises to persons employed there for the purposes of the businesses carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

  7.              The permitted hours to sell alcohol on this licence do not prohibit or restrict 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.

   

  Conditions Consistent with the Operating Schedule

   

  1.              The proprietor will liaise with the Licensing Authority and Responsible Authorities as necessary  to further the licensing objectives.

  2.              All alcoholic (with the exception of wine) and soft drinks will be served in plastic or toughened glasses.

  3.              If glass bottles are used the contents will be decanted into a plastic or toughened glasses.

  4.              All bottles to be served to the customers will be made of plastic.

  5.              No customer carrying open or sealed bottles or glasses will be admitted the premises at any time.

  6.              All bottles and glasses will be removed from public areas and the grounds on a regular and frequent basis.

  7.              A proof of age policy to the satisfaction of the Police and Licensing Authority will be in place.

  8.              The premises will maintain a policy of zero tolerance to illegal drugs and the use or supply of illegal drugs on the premises will result in a report to the police and banning from the premises.

  9.              All staff will attend Drug Awareness Courses.

  10.              A “customer code of conduct” poster will be displayed warning customers that if they act in an inappropriate manner they could be barred from all licensed premises in the vicinity.

  11.                            Membership of the Local Licensees Association will be maintained and a representative will attend meetings and participate in all initiatives.

  12.              A person holding a Personal Licence will be on the premises at all times when alcohol is being served or regulated entertainment provided.

  13.              The Licensee shall keep an ‘Incident Report Register’ to the satisfaction of the police and the Licensing Authority, in which full details of all occurrences of actual or potential crime and disorder involving patrons of the premises.  The Register is to 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.

  14.              All exit doors will be easily operable without the use of a key card code or similar means and will be available for egress while the public are on the premises.

  15.              Means of escape will be maintained unobstructed, immediately available and clearly identifiable.

  16.              Exit doors will be regularly checked to ensure they function satisfactorily. Records of these checks will be kept on the premises at all times and shall be made available for inspection by an officer of the Devon Fire and Rescue Service or a duly authorised officer of the Licensing Authority.

  17.              All fire doors will be maintained effectively self-closing and shall not be held open other than by devices approved by the Devon Fire and Rescue Service.

  18.              All gangways, exit ways, treads of steps or stairways will be maintained with non-slippery and even surface.

  19.              All floor coverings will be secured and maintained so they will not ruck. Mats will be fitted into a mat well so as to be flush with the floor surface.

  20.              Hangings, curtains will be secured and maintained in a flame retardant condition.

  21.              Upholstered seating will be fire retardant and compliant with current Fire Safety Regulations.

  22.              Fire Drill will be conducted monthly. Records of these checks will be kept on the premises at all times and shall be made available for inspection by an officer of the Devon and Somerset Fire and Rescue Service or a duly authorised officer of the Licensing Authority.

  23.              All fire exists and means of escape will be signed in accordance with BS5499.

  24.              Wall and ceiling finishes will be fire resistant.

  25.              When disabled people are present adequate equipment arrangements will exist to enable their safe evacuation in the event of an emergency

  26.              An adequate and appropriate supply of First aid equipment and materials will be available on the premises.

  27              There shall be a nominated First Aider at the premises. The nominated First Aider shall check the First Aid equipment and materials at least once a month.

  28.              Fire Safety signs will be adequately illuminated.

  29.              Emergency lighting batteries will be fully charged before the admission of the public.

  30.              Emergency lighting tests will be conducted monthly and the entire system will be inspected and tested annually by a competent person to ensure safety.  A competent person will be a qualified electrician who is registered with the EIC or NICEIC.

  31.              All lavatories, urinals and wash basins shall at all times be kept in good order and repair and be properly and effectually cleaned, ventilated and supplied with water and all necessary requisites and all doors leading thereto shall be suitably marked.

  32.              The electrical system, including portable appliances will be inspected and tested annually by a competent person to ensure safety.  A competent person will be a qualified electrician who is registered with the EIC or NICEIC.

  33.              The gas System, including appliances will be inspected and tested by a CORGI registered gas engineer annually and a satisfactory Gas Safety Certificate will be obtained.

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

  35.              The premises will have suitable Public Liability insurance in the sum of not less than £2,000,000.00 (two million pounds).

  36.              A list of local taxi firms and their telephone numbers will be prominently displayed.

  37.              A crime prevention policy agreed by the Police and Licensing Authority will be in place.

  38.              A sufficient number of suitable receptacles for refuse storage will be provided in the garden.  The receptacles will be maintained in a clean condition.

  39.              Children under 14 not permitted in the bar.

•  

  ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  1.              Door Supervisors registered with the Security Industry Authority to be employed from 9.00 pm until 30 minutes after the end of permitted hours on any day that live music, recorded music, performance of dance and any entertainment of a similar nature is planned to take place on the premises with the event being open to the public and continuing after 12 midnight.

  2.              At all other times door supervisors may be employed at the discretion of the Designated Premises Supervisor.

  3.              Where door supervisors are required under conditions 1 or 2 above they will

                a)   Be correctly registered with the SIA

                b)   Display the correct name badge

                c)   Carry proof of registration

                d)   Be used at a ratio to be agreed by the Licensing Authority and Police, which is currently  1 door supervisor to 75 patrons

  4.              Where door supervisors are required under conditions 1 or 2 above a minimum of two door supervisors will be employed at the premises.

  5.              A notice will be prominently displayed stating clearly that children under sixteen must be in the company of a parent/guardian or responsible adult and that children under 16 will not be permitted in the bar area.

  6.              Bottle skips and bins containing cans or bottles will not be emptied outside after 10.00 pm, but will be dealt with the next day during normal office hours.

  7.              All external doors and windows will be kept shut, other than for access and egress, in all rooms when events involving amplified music or speech or other entertainment are likely to give rise to noise.

  8.              A senior member of staff (manager) 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.

  9.              Patrons will be asked not to stand around talking in the street outside the premises or any car park and asked to leave the vicinity quickly and quietly.

  10.              Suitable signage will be displayed at the exit to request the co-operation of patrons in particular, to make as little noise as possible when leaving the premises.

  11.              An emergency lighting system which complies with the British Standard 5266: Part 1 will be installed and maintained at the premises.

   

  CONDITIONS ATTACHED AFTER A REVIEW HEARING ON 13 SEPTEMBER 2011

   

  1.              CCTV will be installed at the premises to the satisfaction of the Police and the Licensing Authority in line with the Council’s policy as soon as possible and no later than three months from the date of this hearing.

  2.              All challenges to young persons attempting to purchase alcohol will be noted in a ledger.

  3.              A Challenge 25 policy to be written into the Premises Management Policy immediately.

•  

  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  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.