East Devon District Council

Co-op, Exmouth (Littleham Rd)

8-10 Littleham Road, EXMOUTH, Devon, EX8 2QG

Completed application 058818 which is a Variation Application for Premises Licence from 20/12/2007 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.

   

  PREVENTION OF CRIME AND DISORDER

   

  1. CCTV

   

  1.1. The Premises Licence Holder shall install and maintain a CCTV system at the premises giving coverage of all customer entry points and areas to which customers have access in any lighting conditions.

   

  1.2. Such CCTV system shall be in operation whilst the premises are open for licensable activities and shall be capable of providing frontal identification of customers.

   

  1.3. All CCTV recordings shall be retained for a minimum of 28 days and shall be date and time stamped.

   

  1.4. CCTV recordings should be made immediately available for inspection upon receipt of a request by the Police and Authorised Officer of the Licensing Authority.

   

  1.5. A member of staff shall always be present on the premises whilst they are open who is capable of operating the CCTV system and able to facilitate immediate viewing of CCTV footage upon the request of the Police and Authorised Officer of the Licensing Authority.

   

  2. Proof of Age

   

  2.1. A Proof of Age Scheme, such as Challenge 25, shall be operated premises whereby the only acceptable forms of identification are a valid passport, UK driving licence, any form of identification containing the PASS hologram, military identification or any other form of identification time to time approved by the Secretary of State.

   

  3. Incident Log

   

  3.1. An Incident Record, whether kept in written or electronic form, shall be maintained at the premises and made available on request to the Police or an Authorised Officer of the Licensing Authority. The Incident Record shall record any complaints received in connection with the licensable activity committed at the premises, any faults with the CCTV system,

  any refusal to sell alcohol at the premises, and any visit to the premises by a responsible authority in connection with the licensable activity permitted at the premises.

   

  4. Training

   

  4.1. All relevant staff shall be trained in relation to their responsibilities under the Licensing Act 2003.

   

  4.2. Training Records shall be correct and made available for inspection upon receipt of request from the Police or an Authorised Officer of the Licensing Authority.

   

  5. Miscellaneous

   

  5.1. A notice must be displayed in the premises explaining that it is an offence for persons under the age of 18 to purchase alcohol.

   

  5.2. A panic alarm shall be installed and maintained at the premises.

  5.3. A burglar alarm system shall be installed and maintained at the premises.

   

  PUBLIC SAFETY

   

  The Premises Licence Holder shall ensure that the appropriate fire safety, and health and safety regulations are applied at the premises.

   

  PREVENTION OF PUBLIC NUISANCE

  A complaints procedure shall be maintained by the Premises Licence Holder, details of which shall be made available in store and upon request.

   

  THE PROTECTION OF CHILDREN FROM HARM

  1. Training

   

  1.1. All staff will receive comprehensive training in relation to age restricted products and in particular the sale of alcohol.

   

  1.2. No member of staff will be permitted to sell age restricted products until such time as they have successfully completed the aforementioned training.

   

  2. An age till prompt system shall be utilised at the premises in respect of alcohol.

   

  3. A refusals register (whether kept in written or electronic form) shall be maintained at the premises and shall be made available for inspection upon request by an authorised Officer of the Police.

•  

  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.