Kingfisher Inn (The)

Dolphin Street, COLYTON, Devon, EX24 6NA

Premises Licence PLWA0064 from from 24/11/2005 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the supply of alcohol
• a performance of live 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.

•  

  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.              If after the expiry of six months from the second appointed date the Licensing Authority serves written notice on the licensee requiring that CCTV be provided it will be installed, maintained and operated to the satisfaction of the Chief Officer of Police and Local Authority and conditions 2 to 5 also complied with.

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

  3.              CCTV recordings will be maintained for an appropriate period of time (generally one month - but to be agreed with Police and Licensing Authority).

  4.              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.

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

  6.              All staff will receive training on licensing issues.

  7.              Membership of the Local Licensees Association will be maintained.

  8.              The proprietor will have regular contact with the Licensing Authority and the Devon and Cornwall Constabulary and will have involvement in local crime prevention initiatives.

  9.              The provision of adequate lighting already in place in bar, restaurant and the beer garden will be maintained.

  10.              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 including the gardens and car park and shall be independent of the normal lighting system. 

  11.              The management will maintain the four (4) escape routes from the premises.

  12.              An adequate and appropriate supply of first aid equipment and materials will be available for the use of patrons.

  13.              Management will provide plastic glasses on extremely busy nights i.e. Colyton Carnival Night.

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

  15.              All deliveries to the premises will be restricted to arrive during the day.

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

  17.              If live music is performed it will be restricted to up to four (4) times per year.

  18.              No adult entertainment will be provided on the premises.

  19.              No children’s activities will be offered on the premises.

  20.              A proof of age policy agreed by the police and local authority will be enforced.

  21.              Children will only be permitted on the premises when accompanied by an adult.

•  

  ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY (08/04/2015)

   

  1.              The rear beer garden to be closed to clientele at 11pm each day (except for the use of the outside toilets and smoking area).

  2.              The outside smoking area will only be used to accommodate a maximum of four (4) persons after 11pm.

  3.              No alcoholic drinks shall be taken outside after 11pm.

  4.              Notices to clientele will be erected in the garden area notifying the closing time of the garden.

  5.              Notices to clientele will be erected in the garden area notifying the close proximity of residents properties to ensure that noise is kept to a minimum.

  6.              Suitable rubbish bins will be located in the garden to ensure that all rubbish including packaging is contained.

  7.              There will be regular collections of glasses and bottles from the garden area.

  8.              Prominent notices will be put up at the premises reminding clientele to leave the premises quickly and quietly at closing time.             

  9.              The floodlighting in the Boules area at the top of the rear beer garden will be turned off by 11pm every night of the week.

•  

  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The licensable activities authorised by this licence will be confined to the areas that are hatched in RED on the plan deposited with and approved by the Licensing Authority.  Recorded music will be restricted to indoors only.