East Devon District Council

Royal York & Faulkner Hotel (The)

The Esplanade, SIDMOUTH, Devon, EX10 8AZ

Premises Licence PLWA0418 from from 24/11/2005 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
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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 premises management will liaise with the Licensing Authority, Police, Fire and other relevant authorities as necessary to further the licensing objectives.

  2.              If in the opinion of the Premises supervisor supervision is required then doorstaff will be employed at the entrance to the premises from 7:00 pm until the main exit doors of the premises are closed.

  Such Door Saff will be:-

  (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 Police and Local Authority, which is currently 1:75.

  (e)              A female supervisor will be available if searches are to be conducted on female customers.

  (f)              Will wear clothing that can be easily and clearly identifiable on CCTV - i.e. wear a reflective number between 1 and 99 (at least 100mm high) in a prominent position on the upper part of the body.

  (g)              There will be no less than two door supervisors.

  3.              CCTV will be operated and maintained to the satisfaction of the Police and Local Authority.

  4.              Recordings of CCTV in bars will be retained for one month.

  5.              The CCTV equipment will be checked on a regular basis.

  6.              If the CCTV is inoperative the Police and Local Authority will be informed as soon as possible and immediate steps taken to restore the equipment to full working order.

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

  8.              The capacity of the Faulkner Bar will be 90 persons.

  9.              The capacity of Blinis will be 70 persons.

  10.              In Blinis Bar -

  (a)              Save for wine, port and sherry etc, alcohol and soft drinks will be served in plastic or toughened glasses.

  (b)              If glass bottles are used the contents will be decanted into a plastic or toughened glass.

  (c)              All bottles greater than 250ml to be served to the customers will be made of plastic.

  (d)              No customer carrying open or sealed bottles or glasses will be admitted to the premises at any time.

  (e)              All bottles and glasses will be removed from public areas on a regular and frequent basis.

  (f)              Wine will continue to be served in bottles and wine glasses will be supplied.

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

  12.              Irresponsible drinks promotions will not be permitted, and the Standards for the Management of Standard Drinks Promotions produced by the British Beer and Pub Association will be complied with.

  13.              The Royal York and Faulkner Hotel has a zero tolerance to illegal drugs and its use or supply on the premises will result in:-

  (a)               Report to the Police.

  (b)              Banning from the premises.

  14.              Drug awareness courses will be undertaken by staff when the opportunity presents itself.

  15.              The Royal York and Faulkner Hotel will continue to receive reports via the Devon and Cornwall Constabulary Incident System.

  16.              An incident book will be kept detailing any instances of public disorder or matters affecting licence.  The incident book will be made available to officers of the Licensing Authority and the Police.

  17.              All exit doors will be easily operable and will be available for egress while the public are on the premises.

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

  19.              Exit doors will be regularly checked to ensure they function satisfactorily. Records of these checks will be kept and produced on request.

  20.              All fire doors will be maintained effectively self-closing and shall not be held open other than by approved devices.

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

  22.              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.

  23.              Hangings, curtains and temporary decoration in public areas will be maintained in a flame retardant condition.

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

  25.              Notices detailing the action to be taken in the event of a fire or other emergency will be prominently displayed and maintained in good condition.

  26.              Fire Drill and emergency lighting tests will be conducted at least monthly. Records of these tests will be made available to the Licensing Authority upon request.

  27.              An Evacuation Policy will be in place that is to the satisfaction of the Fire Authority.

  28.              All staff members will be trained in the evacuation policy.

  29.              All fire exits and means of escape will be signed in accordance with BS5499.

  30.              Wall and ceiling finishes will be fire retardant.

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

  32.              Adequate and appropriate supply of first aid equipment and materials will be available on the premises.

  33.              There shall be a nominated named first aider.

  34.              The first aider shall check the first aid equipment and materials at least once a month.

  35.              In the absence of adequate daylight the lighting in any area accessible to the public will be fully operational.

  36.              Fire safety signs will be adequately illuminated.

  37.              Emergency lighting will not be altered without the prior written agreement of the Devon Fire and Rescue Service.

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

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

  40.              The electrical system at the premises, including portable appliances will be inspected and tested annually by a competent person to ensure safety.

  (The installation will have a full inspection at least every 3 years and be tested annually.  A competent person will be a qualified electrician who is qualified to complete works as per the I.E.E. wiring Regulations 16th Edition or is registered with the ECA or NICEIC.).

  41.              Where temporary electrical equipment is used, a suitable circuit breaker device will be installed to cover this equipment.  The circuit breaker will operate at a current not exceeding 30 mA and must comply with BS 4293.  The device will be tested monthly and the tests will be recorded in a log kept for the purpose.

  42.              Temporary electrical wiring and distribution systems will not be installed unless inspected by a suitably qualified electrician.  Temporary electrical wiring and distribution systems will comply with BS 7671 or, where applicable BS 7909.

  43.              Temporary electrical wiring and distribution systems, not installed by a suitably qualified electrician, will be inspected and certified by a qualified electrician before they are put to use.

  44.              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.

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

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

  47.              The premises will have a suitable Public Liability insurance in the sum of not less than £2,000,000 (two million pounds).  A certificate is obtained each time and displayed at the premises.

  48.              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 fire precautions (workplace regulations).  The applicant understands that the fire safety of occupants is also influenced by numbers of persons present, their disposition and the activities taking place, and therefore undertakes to maintain a safe occupancy limit.

  49.              Free drinking water will be available to customers at all times the premises are open to the public.

  50.              The telephone numbers of a local taxi firms will be displayed at the premises for the benefit of customers.

  51.              A member of staff is on call throughout the night if required.

  52.              Prominent clear legible notices will be displayed at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.

  53.              A crime prevention policy agreed with the Police and Licensing Authority will be place.

  54.              Children under the age of sixteen must be accompanied by a parent/guardian or responsible adult unless resident in the Hotel.

  55.              Children other than those resident in the hotel must leave the bar areas after 9:00 pm.

• 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 shaded in PINK on the plans submitted to and approved by the Licensing Authority.

Premises Plans

• Plans - Royal York and Faulkner - Page 3 of 2
• Plans - Royal York and Faulkner - Page 1 of 2
• Plans - Royal York and Faulkner - Page 2 of 2