Broadclyst Cricket Club

The Clubhouse, Killerton Park, Killerton, Broadclyst, EXETER, Devon, EX5 3LE

Completed application 058469 which is a Lost/Stolen Licence/Certificate/Notice for Club Premises Certificate from 30/06/2015 to indefinite

Applicant(s)

Permitted Activities

• the supply of alcohol
• the sale by retail of alcohol

Additional Conditions

•  

  ANNEXE 1 - MANDATORY CONDITIONS

   

  1.              The supply of alcohol for consumption off the premises must be made at a time when the premises are open for the purposes of supplying alcohol, in accordance with the certificate, to members of the club for consumption on the premises.

  2.              The alcohol supplied for consumption off the premises must be in a sealed container.

  3.              The supply of alcohol for consumption off the premises must be made to a club member in person.

  4.              (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).

  5.              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

  6.              (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.

  7.              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.”

  8.              (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.              The use of the premises will be for members of the club, their guests and visiting players and supporters during games of cricket and occasional social activities and not for the use of the general public.

  2.              The club will be run by its members, all of whom are aware of the club’s duty of care to all of those who use the facilities.

  3.              The club exists primarily to play cricket and while we hope that our members and guests will act responsibly at all times, we are aware of our obligations under the terms of the Licensing Act and the licensing objectives.

  4.              Under the terms of the club’s constitution, the club’s committee will withdraw membership if it is felt that any member’s behaviour is unsatisfactory, similarly guests will be asked to leave and will not be allowed to return.

  5.              Only club members will be permitted to serve alcohol on the premises and guidance on the Licensing Act and the licensing objectives will be given to all members who are asked to serve behind the bar.

  6.              A summary of the obligations of the club to all users of the premises and the expected conduct of members and guests will be prominently displayed in the pavilion alongside a copy of the licence itself.

  7.              The club will inform the police of any behaviour that occurs on the premises that is deemed to be either criminal or disorderly and will keep records of any incidents that occur on the premises.

  8.              The consumption of alcohol on the premises will be both monitored and restricted to alcohol purchased on the premises.

  9.              Any members or guests who attempt to bring alcohol onto the premises will be advised that the consumption of that alcohol contravenes the terms of the licence and will be asked to leave if they refuse to co-operate.

  10.              Although the club derives a profit from the sale of alcohol which is used to upkeep the facilities and playing area of the club, we will not seek to maximise revenue or encourage irresponsible drinking through the use of drinks promotions of any kind.

  11.              Members of the club who are asked to serve behind the bar will be given the requisite information regarding the legal and other responsibilities regarding the sale of alcohol and will be charged with ensuring that the premises are kept in a suitable condition for a licensed premise.

  12.              In accordance with the recommendations of the Police and Fire Services’ inspection of the premises, the club will adhere to the safety guidelines (for example, regarding the maximum number of people using the premises at any one time) that are advised and appropriate notices will be displayed.

  13.              Where the electrical and gas systems are required to be inspected and tested by a suitably qualified person to ensure the safety of the premises for those using it, this will be undertaken at the club’s expense.

  14.              A First Aid kit will be maintained in the kitchen area of the premises.

  15.              Tap water will be provided free of charge upon demand and a range of soft drinks will also be available for purchase at all times that the premises is in operation.

  16.              Although there are no local residents in the immediate vicinity of the premises the club will not allow any activity on the premises which is likely to cause a nuisance to members of the public.

  17.              Users of the club premises will be reminded of the need to respect the rights of other members of the public (by which we mean, in particular, residents in the surrounding area and other visitors to the National Trust Estate at Killerton).

  18.              Notices requesting members and guests to leave the area in a quiet and orderly manner will be displayed.

  19.              The club will enter into an agreement with a private company to dispose of used drinks containers.

  20.              Other than for occasional functions for which an application for a Temporary Entertainment Licence will be sought no regulated entertainment or use of external speakers will occur on the premises.

  21.              Where the ages of any young people present on the premises is not known to the members, any attempt by persons appearing to be under the age of 25 to purchase alcoholic beverages will be challenged and a certified proof of identification will be requested. If the member of the club serving behind the bar is not wholly satisfied with the identification presented then service will be refused.

  22.              There are no areas of the premises to which children will not have access, however, the members of the club are aware of their responsibilities of ensuring the safety and well-being of children on the premises therefore glassware will be removed from communal areas regularly.

  23.              The club will not provide entertainment of an adult nature and any persons deemed to be acting in a manner which may cause upset or risk to minors (e.g. swearing, aggressive behaviour or a lack of control due to excessive consumption of alcohol) will be asked to leave and a record of the incident will be kept.

•  

  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 hatched in RED on the plans submitted to and approved by the Licensing Authority.