East Devon District Council

11A

11A Church Street, EXMOUTH, Devon, EX8 1PE

Premises Licence PLWA0197 from from 24/11/2005 to indefinite

Licence holder(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

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.

•  

  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.

  8.                            On the second floor of the licensed premises intoxicating liquor shall not be sold or supplied otherwise than:

  a)               to persons taking table meals there and for consumption by such persons as an ancillary to his meal.

  b)              suitable beverages other than intoxicating liquor shall be equally available for consumption with or otherwise as an ancillary to meals.

  9.              The premises shall retain the character of a wine bar restaurant.

   

   

  Conditions Consistent with the Premises Operating Schedule

   

  1.              The use of toughened glasses for the service of alcoholic and soft drinks will be increased.

  2.              To ensure regular surveillance of the premises, during the premises opening hours members of staff will periodically patrol those parts of the premises, both internal and external, to which the public have access. 

  3.              Management will ensure that all staff are aware of crime prevention measures at the premises.

  4.                            An anti drug policy agreed by the Licensing Authority and Police will be in force.

  5.              Suitable beverages other than intoxicating liquor shall be equally available for consumption by patrons at all times.

  6.              New Sound proofing and insulation must be installed and maintained to the satisfaction of the Council’s Environmental Health Service.

  7.              Customers must not be allowed to take open or sealed containers of drink onto the roof terrace after 9.00 pm.

  8.              The smoking shelter, railings, baffles and screens must be constructed in accordance with the details shown on plan 07.451.1 rev.B as deposited with and approved by the Licensing Authority.

•  

  ANNEXE 3 - CONDITIONS ATTACHED FOLLOWING A HEARING BY THE LICENSING AUTHORITY

   

  1.                            Customers must not be permitted to take open containers of alcoholic or soft drinks from the premises.

  2.              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.

  3.              All external doors and windows must be kept shut, other than for access and egress, in all rooms when events involving amplified music or speech or other entertainment are likely to give rise to noise.

  4.              Patrons must be asked not to stand around talking in the street outside the premises or any car park and asked to leave the vicinity quickly and quietly.

  5.              Bottle skips and bins containing cans or bottles must not be emptied outside after 10.00 pm, but will be dealt with the next day during normal office hours.

  6.              A senior member of staff (manager) must assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment.

  7.              Customers carrying open or sealed bottles or glasses must not be admitted to the premises at any time.

  8.              All bottles and glasses must be removed from public areas as soon as they are finished with or empty.

  9.              CCTV must be installed, maintained and operated to the satisfaction of the Chief Officer of Police and the Licensing Authority.

  10.              CCTV recordings must be maintained for an appropriate period of time (generally one month - but to be agreed with Police and Licensing Authority).

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

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

  13.              The management at the premises must ensure that staff are aware of social and legal obligations and responsibilities regarding the sale of alcohol.

  14.              Proof of age required in respect of the sale and supply of alcohol must be in an acceptable form such as photo driving licence, passport or nationally approved document without which the sale/supply of alcohol must be refused.

  15.              The premises must retain and make available to patrons the contact details for local taxi companies in the event that such patrons have not made alternative arrangements.

  16.              The electrical system, including portable appliances must be inspected and tested annually by a competent person to ensure safety.  A competent person will be a qualified electrician who is registered with the ECA or NICEIC.

  17.              The Gas System, including appliances, must be inspected and tested by a Gas safeI registered engineer annually and a satisfactory Gas Safety Certificate must be obtained.

  18.              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.

  19.              The premises must be subject to regular fire certificate inspection both in respect of the first floor and second floor.

  20.              All safety certificates and inspection reports must be kept on site and made available for inspection by officers or relevant statutory bodies. 

  21.              The applicant must ensure that at all times there are adequate first aid arrangements. First Aid kits are to be situated in the kitchen and behind the bar. All staff are to receive suitable training as to what to do in an emergency and in general safety precautions.

  22.              In respect of noise, the management at the premises must seek to ensure that patrons leave the premises making minimal noise at closing time.

  23.              Children attending at the premises must only be permitted entry if accompanied and supervised by an adult and must leave the premises by 9 p.m.

  24.              The management at the premises must ensure that staff are aware of social and legal obligations and responsibilities regarding the sale and supply of alcohol to persons under 18.

  25.              Membership of the Local Licensees Association must be maintained and the licence holder or their representative must attend meetings and participate in all relevant initiatives.

  26.              CCTV for the roof terrace, first and second floor stairs must be installed, operated and maintained to the satisfaction of the Licensing Authority.

  27.              A proof of age policy agreed in writing by the Licensing Authority must be enforced.

  28.              The Licence Holder or people authorised by them must check the premises prior to its opening to the public and periodically throughout the opening hours of the premises in order to ensure there are no risks to patrons and that all safety precautions are in place.

  29.              The Licence Holder must ensure that adequate external lighting is installed and maintained.

  30.              Where drinks are going to be consumed on the roof terrace they must be served in plastic or toughened glass.

  31.              Prominent, legible notices requesting people to respect the amenity of local residents must be displayed on the roof terrace.

•  

  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The extent of the areas within which the various licensable activities will be permitted are as shown hatched on the plan deposited with and approved by the Licensing Authority.

Premises Plans

• Plan - 11A - Page 1 of 1