East Devon District Council

Jack in the Green (The)

London Road, Rockbeare, EXETER, Devon, EX5 2EE

Premises Licence PLWA0486 from from 26/10/2006 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• 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.              People carrying open or sealed bottles or glasses must not be admitted to the premises.

  2.              Customers must not be permitted to take open containers of alcoholic or soft drinks from the premises.

  3.              All bottles and glasses must be removed from the public areas as soon as they are finished with or empty.

  4.              A proof of age policy agreed by the police and the licensing authority must be in place.

  5.              An anti drug policy agreed by the police and the licensing authority must in place.

  6.              A detailed ‘customer code of conduct’ poster must be displayed warning customers that if they act in an inappropriate manner, they could be barred from all licensed premises in the vicinity.

  7.              Any restrictions on the admission of children to the premises must be displayed outside the premises.

  8.              When disabled people are present, adequate arrangements must exist to enable their safe evacuation in the event of an emergency.

  9.              When events involving amplified music or speech or other entertainment likely to give rise to noise are taking place the air management system within the premises must be used.

  10.              All staff must receive suitable training as to what to do in an emergency and in general safety precautions.

  11.              The Designated Premises Supervisor or senior member of staff must check the premises prior to opening to ensure there are no risks to patrons and that all safety precautions are in place.

  12.              A means of addressing patrons during operative hours, which can be heard above entertainment or a means of interrupting the entertainment to make important safety announcements must be available.

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

  14.              The Designated Premises Supervisor or a senior member of staff must check prior to entertainment, and periodically during the entertainment, that all windows and doors are shut.

  15.              The Designated Premises Supervisor or a senior member of staff must assess the impact of any noisy activities on neighbouring residential premises at the start of the activity and periodically throughout the activity.

  16.              The Designated Premises Supervisor or a senior member of staff must control the sound levels of any music or entertainment taking place.

  17.              Noise emanating from the premises must not be clearly audible 1 metre from the façade of the nearest residential property.

  18.              Noise emanating from the premises must not exceed 5dBA in any octave band for a 5 minute Leq above background level at the façade of the nearest residential property.

  19.              Between 11:00 pm and 2.00 am noise emanating from the premises must not be clearly distinguishable above background levels and shall not cause a statutory nuisance.

  20.              The premise’s air management system must not cause a nuisance by its operation.

  21.              The delivery of goods must be restricted to the normal working day.

  22.              The use of gardens and external play areas must not commence before the start of normal trading hours and must cease at dusk or at 9:00 pm, whichever is the earlier.

  23.              No music or speech will be relayed by external speakers without the written consent of the licensing authority.

  24.              Staff must monitor the use of the car park to ensure patrons do not congregate in that area and cause annoyance to nearby residential properties.

  25.              Facilities for depositing litter and the collection of litter generated by patrons must be available and maintained within any outside area which is available for the use of patrons.

  26.              Lighting in gardens and external areas must cease at 9:00 pm except for health and safety or security reasons and must never be intrusive to nearby residential properties.

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

                             

  None.

• ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The extent of the areas within which the various licensable activities are permitted are as shown outlined in PINK and outlined in GREEN and marked bar servery on the plan deposited with and approved by the Licensing Authority.