East Devon District Council

Betsy's Knapp

Corner Bickwell Lane & Station Road / Bulverton Rd, SIDMOUTH, Devon

Withdrawn application 050684 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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.

  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

  1         The License Holder must ensure that the Venue Manager receives all Health and Safety Data relevant to the premises, prior to the premises being open to the public.

  2         The License Holder must ensure that radio contact between festival stewards and SIA Security staff is maintained during the hours that the premises are open to the public.

  3         The License Holder must ensure that all festival stewards receive training in safety routines prior to premises being opened to the public.

  4         The License Holder must ensure that noise levels and public behaviour are monitored.

  5         The License Holder must fully comply throughout the duration of the License with the festival safety and other policies as submitted to the Licensing Authority with the application for the grant of the Premises License.

  6         The License Holder must ensure that all SIA security staff are correctly registered with the Security Industry Authority.

  7         The License Holder must ensure that prior to the premises being opened to the public, security fencing is erected as shown on the plan deposited with and approved by the Licensing Authority.

  8         The License Holder must ensure that adequate lighting is provided throughout the premises during the hours that the premises are open to the public.

  9         The License Holder must, throughout the duration of the License, have regular contact with the Licensing Authority and the Devon and Cornwall Constabulary.

  10     The License Holder must fully comply throughout the duration of the License with the Risk Assessment submitted to the Licensing Authority.

  11     The License Holder must ensure the public are informed of emergency procedures prior to the commencement of all concerts and events.

  12     SIA stewarding levels will be commensurate with the determined risk levels for the venue concerned based on evidence from 2019 in regard to public disorder. Exact numbers of SIA and SFWP stewarding staff to be defined and documented through consultative process with relevant authorities not later than 60 days prior to event commencement.

  13     When going off duty stewards will remove any identifying clothing.

  14     Stewards will not consume, or be under the influence, of alcohol or controlled substances whilst on duty.

  15     The License Holder must ensure that the fire safety measures with which the premises are provided are 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.

  16     The License Holder must ensure that free fresh water is available at all times.

  17     The License Holder must ensure that an appropriate method for checking the number of people entering and leaving the premises is employed and steps will be taken so that, once the maximum occupancy is reached, no further persons are admitted.

  18     The License Holder must ensure that noise levels are monitored and adjusted to comply with the levels as determined in consultation with the Environmental health officer responsible for the event.

  19     The License holder will ensure that children under 12 will either be accompanied by a responsible adult or signed in as appropriate to designated workshops and events. Under 16’s must be accompanied by a responsible adult at any event that is programmed to run after midnight.

  20     There will be a dedicated area where under 18’s may purchase soft drinks.

  21     The License Holder must ensure that alcohol is not purchased or consumed by under age persons.

  22     No beverages, either alcoholic or non-alcoholic, will be sold in glass bottles. All bottled beverages are to be poured into glasses at the point of sale. All glasses will be plastic or toughened glass.

  23     A “Challenge 25” policy will be in operation throughout the event.

  24     The extent of the areas within which the various licensable activities will be permitted are as shown outlined in RED.

  Environmental Health:

  a)              There will be a level of 55db at the nearest residential property

  b)              There will be a meeting between responsible SFWP persons and an EHO from EDDC, on Date to be decided, to determine a "standard" level for the week in terms of the LNE venue.

  c)              A base level will be set with Production Director, Head of Sound for venue + EHO for EDDC in attendance.

  d)              Each evening a reading will be obtained from three locations to enable a pro-active response to the prevailing weather conditions. The three locations will be the first house away from the LNE venue in Bickwell Lane, Old railway line running between Woolbrook Road and Bulverton Folk Campsite and Residential Property between Ice House Lane and Dark Lane on the B3176.

  SFWP will supply a contact number to identified residents to allow a "direct" link in terms of sound levels. On contact from a member of the public SFWP will respond by detailing a member of staff to attend the location of the complaint to check sound levels and decide on an appropriate response.

   

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Conditions yet to be entered.

   

• 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.