East Devon District Council

Spar (Feniton)

13 Winchester Close, Feniton, HONITON, Devon, EX14 3EX

Completed application 039641 which is a Change of Name/Address of Holder 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

   

  1.              Alcohol must only be sold or supplied from these premises in a sealed container.

  2.              No consumption of alcohol on the premises will be permitted.

  3.              CCTV will be installed and maintained to the satisfaction of the Chief Officer of Police and the Local Authority.

  4.              Recordings will be maintained for one calendar month.

  5.              If the CCTV equipment is inoperative the Police and the Local Authority will be informed as soon as possible and immediate steps will be taken to put the equipment back into action.

  6.              A notice must be displayed at the entrance of the premises advising CCTV is in operation.

  7.              Irresponsible drinks promotions must not be permitted.

  8.              A Refusals Book must be kept and all refused sales entered with description of the customer and reason for refusal.

  9.              All exit doors must be easily opened without the use of a key, card or code and must be available for egress while the public are on the premises.

  10.              Means of escape must be maintained unobstructed, immediately available and clearly identifiable.

  11.              Exit doors must be regularly checked to ensure they function satisfactorily.

  12.              Any fire doors must be maintained effectively self closing and shall not be held open other than by approved devices.

  13.              Regular Risk assessments must be carried out and concerns identified must be rectified.

  14.              Delivery goods must be restricted to the following times: 7.00 am to 10.00 pm.

  15.              The movement of bins and rubbish outside the premises must be kept to a minimum before: 7.00 am. 

  16.              Staff must monitor the outside area around the store to ensure patrons do not congregate in this area and cause annoyance.

  17.              Ventilation equipment must be regularly cleaned and maintained to minimise the levels of odour generated by the premises.

  18.              Suitable Rubbish Bins must be provided for the disposal of packaging discarded by customers.  These will be regularly emptied.

  19.              If a person appears to be less than twenty-one years of age there must be no supply of alcohol to that person unless they can produce evidence of their date of birth.  Notices to that effect must be prominently displayed on the premises.

  20.              The only forms of identification that can be acceptable will be a valid photo driving licence, passport, Portman Group or Pass 10.

  21.              The fire safety measures with which the premises are provided must be maintained in good working order, and their adequacy will be determined on a regular basis, by the carrying out of a fire risk assessment as required by, and in accordance with the Regulatory Reform (Fire Safety) Order 2005.  The Risk Assessment must be displayed in the staff area for perusal by staff and any Officer from the Devon Fire and Rescue Service, Environmental Health and the Licensing Authority.

  22.              As the safety of occupants is influenced by the numbers of persons present in the premises, their disposition and the activities taking place the management of the premises must ensure that the safe occupancy level of the premises is never exceeded.

  23.              All fire fighting equipment with which the premises are provided shall be maintained in efficient working order and inspected annually.

  24.              There will be no adult entertainment permitted on the premises.

•  

  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.

Premises Plans

• Plan - Spar Feniton - Page 1 of 1