East Devon District Council

Steamers

New Cut, Beer, SEATON, Devon, EX12 3DU

Completed application 058055 which is a Transfer Application for Premises Licence from 24/11/2005 to indefinite

Applicant(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
• an exhibition of a film

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 Premises Operating Schedule

   

  1.              Door Supervisors will be employed from 30 minutes prior to a function until the end of the event if it is intended that regulated entertainment shall go beyond midnight.  If door supervisors are required they will be:

  a)              Registered with the Security Industry Authority.

  b)              Will display a correct name badge.

  c)              Will carry proof of registration.

  d)              Will be used as a ratio to be agreed by the Police and Local Authority (current suggestion is 1:75).

  e)              There will be no less than two Door Supervisors in attendance at the entrance of the premises from 30 minutes prior to a function until the end of the event.

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

  3.              Recordings will be maintained for an appropriate period of time (generally one month - but to be agreed with Police and Local 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.              Alcohol with the exception of wine will be served in plastic or toughened glasses.

  7.              If glass bottles are used the contents will be decanted into plastic or toughened glass before being served to customers.

  8.              No person carrying open or sealed bottles or glasses will be admitted to the premises at any time.

  9.              All glasses will be removed from public areas on a regular and frequent basis.

  10.              Wine will continue to be served in bottles and wine glasses will be supplied.

  11.              A proof of age policy agreed by the police and local authority will be enforced to the satisfaction of the Police and Local Authority.

  12.              Irresponsible drinks promotions must not be permitted, and the Standards for the Management of Responsible Drinks promotions including Happy Hours produced by the British Beer and Pub Association will be complied with.

  13.              There shall be no happy hours.

  14.              Steamers has a zero intolerance to illegal drugs and its use or supply on the premises will result in,

                (a) report to the police

                (b) banning from the premises

  15.              A licensing incident book will be maintained.

  16.              The licensee will consider membership of the Local Licensees Association if invited.

  17.              All exit doors will be easily operable without the use of a key card, code or similar means 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 must be maintained in a flame retardant condition.

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

  25.              Emergency lighting tests must be conducted at least monthly.  Records of these tests will be made available to the Licensing Authority upon request.

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

  27.              The fire safety measures with which the premises are provided must be maintained in good working order, and their adequacy must 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 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

  28.              Wall and ceiling finishes must be fire resistant.

  29.              When disabled people are present adequate arrangements must exist to enable their safe evacuation in the event of an emergency.  There must be adequate exits on the flat.

  30.              Adequate and appropriate supply of first aid equipment and materials must be available on the premises.

  31.              There shall be a nominated First Aider.

  32.              The nominated First Aider shall check the first aid equipment and materials at least once a month.

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

  34.              Fire safety signs must be adequately illuminated.

  35.              Emergency lighting must not be altered without the prior approval of the Fire Safety Officer.

  36.              Emergency lighting batteries must be fully charged before the admission of the public.

  37.              Emergency lighting tests must be conducted monthly.

  38.              Records of these tests must be made available to the Licensing Authority upon request.

  39.              All lavatories, urinals and wash basins shall 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 must be inspected and tested annually by a competent person to ensure safety.  The installation must 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 must be installed to cover this equipment.  The circuit breaker must operate at a current not exceeding 30 mA and must comply with BS 4293.  The device must be tested monthly and the tests will be recorded in a log kept for the purpose.

  42.              Temporary electrical wiring and distribution systems must 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, must be inspected and certified by a qualified electrician before they are put to use.

  44.              Any gas system including appliances must be inspected and tested by a Corgi registered gas engineer annually and a satisfactory Gas Safety Certificate will be obtained.

  45.              The premises must have a suitable Public Liability insurance in the sum of not less than £2,000.000 (two million pounds. A certificate must be obtained each time and displayed at the premises.

  46.              The premises must have a Certificate of Inspection for Portable Fire Fighting Equipment.  An inspection is carried out regularly and a new certificate obtained each time.

  47.              The premises must have a certificate of inspection for the Fire Detection Alarm.  An inspection is carried out regularly and a new certificate is obtained every time.

  48.              The premises have an Environmental Health Policy.

  49.              Free drinking water will be available at all times.

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

  51.              Drinking up time is 30 minutes after last alcohol is served to prevent congestion on departure.

  52.              Prominent clear and legible notices must 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 by the Police and Licensing Authority must be in place if required.

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

• 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

• Plan - Steamers - Page 1 of 1