East Devon District Council

Spar

88-90 High Street, HONITON, Devon, EX14 1JW

Completed application 058041 which is a Variation Application for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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 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.

  3.              (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 sale of alcohol of all descriptions is authorised by this Licence.

  2.              Alcohol shall not be sold in an open container or be consumed in the licensed premises.

  3.              The times permitted to sell alcohol do not prohibit or restrict the sale of alcohol to a trader or club for the purposes of the trade or club.

  4.              The times permitted to sell alcohol 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.

  5.              The times permitted to sell alcohol 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.

  6.              The times permitted do not prohibit or restrict, during the first twenty minutes after permitted hours, the taking of alcohol from the premises, unless the alcohol is supplied or taken in an open vessel.

   

  Additional conditions

   

  1.              The Premises shall maintain a CCTV system which gives coverage of all entry and exit points. The system shall continually record whilst the premises are open and conducting licensable activities. All recordings shall be stored for a minimum period of 28 days. Recordings shall be made available upon the receipt of a request by an authorised officer of the police or the local authority to the DPS or Manager.

  2.              There shall be CCTV in Operation signs prominently displayed at the premises.

  3.              An incident log (whether kept in a written or electronic form) shall be retained at the premises and made available to an authorised officer of the police or local authority.

  4.              The premises shall operate a proof of age scheme, such as Challenge 25, whereby the only forms of acceptable identification shall be a photographic driving licence, a valid passport or any other recognised form of photographic identification incorporating the PASS logo, with instore challenge signage on display.

  5.              The premises will be fitted with a burglar alarm system.

  6.              The premises will be fitted with a panic button system for staff to utilise in case of an emergency.

  7.              All online/telephone delivered and collected sales to follow a set procedure to ensure that any order placed is made by and received by customers aged over 18 and only delivered to proper addresses residential or commercial or orders and or deliveries to be refused.

  8.              The premises licence holder shall ensure that the appropriate fire safety, and health and safety regulations are applied at the premises.

  9.              Fire fighting equipment available.

  10.              The premises licence holder will endeavour to eliminate or minimise any nuisance arising out of its licensable activities.  In doing so the premises licence holder will work with enforcement authorities where any issues are identified. A complaints procedure will be maintained in order that local residents have a means of contact if necessary.

  11.              The sale and supply of all spirits shall be by way of counter service only.

  12.              Notices will be displayed asking customers to leave the premises quietly.

  13.              All staff will receive comprehensive training in relation to age restricted products and in particular the sale of alcohol with records kept for 12 months with a recorded ongoing 6 monthly alcohol refresher training regime with records to be made available to appropriate officers upon request to the DPS or manager. No member of staff will be permitted to sell age restricted products until such time as they have successfully completed the aforementioned training.

  14.              An age till prompt system will be utilised at the premises in respect of age restricted sales.

  15.              A refusal register (whether kept and written or electronic form) will be maintained at the premises and will be made available for inspection upon request by an authorised officer of the police or the local 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.