East Devon District Council

Kilmington Cross Services

Gammons Hill (A35), Kilmington, AXMINSTER, Devon, EX13 7RB

Completed application 059263 which is a Change of Supervisor for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• provision of late night refreshment

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

   

  PREVENTION OF CRIME & DISORDER

  CCTV

  A digital CCTV system will be installed, or the existing system maintained, such system to be fit for the purpose.

  The CCTV system shall be capable of producing immediate copies on site. Copies of recordings will either be recorded digitally on to CD/DVD or other equivalent medium.

  Any recording will be retained and stored in a suitable and secure manner for a minimum of 31 days and shall be made available, subject to compliance with Data Protection legislation, to the police for inspection on request.

  The precise positions of the camera may be agreed, subject to compliance with Data Protection legislation, with the police from time to time.

  The system will display, on any recording, the correct time and date of the recording.

  The CCTV system will be maintained and fully operational throughout the hours that the premises are open for any licensable activity.

  STAFF TRAINING

  All staff engaged or to be engaged in the sale of alcohol on the premises shall receive training in age restricted sales. Induction training must be completed and documented prior to the sale of alcohol by the staff member.

   

  Refresher/reinforcement training must be completed and documented at intervals of no more than 6 months.

  Training records will be available for inspection by a police officer or other authorised officer on request.

  Training records will be retained at the premises or at the offices of the licence holder for a minimum period of 12 months.

  INCIDENT BOOK

  An incident book/register shall be maintained to record:

  all incidents of crime and disorder occurring at the premises

  details of occasions when the police are called to the premises

   

  This book/register shall be available for inspection by a police officer or other authorised officer on request.

  The book/register shall be retained at the premises or at the officers of the licence holder for a minimum period of 12 months.

  REFUSALS REGISTER

  All cashiers shall be trained to record refusals of sales of alcohol in a refusals book/register. The book/register will contain:

  details of the time and date the refusal was made;

  the identity of the staff member refusing the sale;

  details of the alcohol the person attempted to purchase.

   

  This book/register shall be available for inspection by a police officer or other authorised officer on request.

  The book/register shall be retained at the premises or at the officers of the licence holder for a minimum period of 12 months.

  PUBLIC SAFETY

  There will at all times be adequate levels of staff maintained at the premises. Such staff levels will be disclosed, on request, to the licensing authority and police.

  PREVENTION OF PUBLIC NUISANCE

  Adequate waste receptacles for use by customers shall be provided in and immediately outside the premises.

  PROTECTION OF CHILDREN FROM HARM

  The premises licence holder will ensure that an age verification policy will apply to the premises whereby all cashiers will be trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 25 years (or older if the licence holder so elects) to produce, before being sold alcohol, identification being a passport or photocard driving licence bearing a holographic mark or other form or method of identification that complies with any mandatory condition that may apply to this licence.

  Signage informing customers of the age verification policy adopted at the premises will be prominently displayed.

• 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.