East Devon District Council

Crealy Theme Park & Resort

Sidmouth Road, Clyst St Mary, EXETER, Devon, EX5 1DR

Completed application 030725 which is a Change of Supervisor for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• 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
• an indoor sporting event

Additional Conditions

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  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.

  Source: Section 19 Licensing Act 2003

  2.              (1)              The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

  (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;

  (d)              provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

  (i)              the outcome of a race, competition or other event or process, or

  (ii)              the likelihood of anything occurring or not occurring;

  (e)              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.

  Source: Section 19 & 19A Licensing Act 2003

  3.              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

  Source: Section 19 & 19A Licensing Act 2003

  4.              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

  Source: Section 19 & 19A Licensing Act 2003

  5.              (1)              The premises licence holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

  (2)              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 a holographic mark.

  Source: Section 19 & 19A Licensing Act 2003

  6.              The responsible person shall 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; and

  (b)              customers are made aware of the availability of these measures.

  Source: Section 19 & 19A Licensing Act 2003

  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.

  Source: Section 20 Licensing Act 2003

  8.                            Any person used to carry out a security activity as required under condition 6 of the premises Operating Schedule must be licensed by the Security Industry Authority.

  Source: Section 21 Licensing Act 2003

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  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              The maximum occupancy figures for inside the premises will be in agreement with the Licensing Authority and Devon and Somerset Fire and Rescue Service, based on the fire safety issues, available floor space and the sanitary accommodation available.

  2.              The area delineated on the amended plan 1 and edged in red indicates the entirety of the premises that will be the subject to this premises licence.  Areas hatched in brown are those areas in which marquees and other similar structures may be erected and within which licensable activities will take place.

  3.              Details of any marquees to be erected will be submitted for approval at least 28 days before the event is due to take place, in writing, to the Licensing, Fire and Police Authorities.

  4.              Areas known as Sir Walts Restaurant (as shown on plan A) and Adventure Zone (shown on plan B) are indoor areas in which alcohol will be sold.  The Animal Zone (as shown on plan C) will be provided for plays and occasion showing of films.  All indoor areas are shown on plan 1 delineated and marked A, B and C and within which licensable activities will take place.

  5.              Adequate supervision will be exercised over the premises and grounds by staff/CCTV.

  6.              In the event when a live band/group are playing or a disco is being held at the premises and tickets are sold to members of the public and the event is advertised to go beyond the hour of midnight doorstaff at a ratio of 1:75 will be required from 9.00 pm until 30 minutes after event ceases.  This will not be required for weddings or private functions however these private functions will be adequately supervised.  Whenever S.I.A. doorstaff are employed they will:

  (i)              display the correct name badge

  (ii)              carry proof of registration

  (iii)              will wear clothing that can be easily identified on CCTV

  (iv)              wear a reflective number between 1 and 99 at least 100mm high in a prominent position on the upper part of the body.

  (v)              where the number of supervisors exceeds 4 there should be both male and female staff available.

  7.              All staff will be trained in licensing matters and emergency procedures.

  8.              All instances of crime and disorder will be recorded and reported to the proper authority.

  9.              No customers carrying open bottles or glasses will be admitted to the premises at any time or permitted to exit the premises.

  10.              All bottles and glasses will be removed from public areas as soon as practicable when they are finished with.

  11.              Any person who appears to be aged under 18 will be asked for identification if attempting to purchase alcoholic drinks.

  12.              Identification that will be accepted are: a valid passport, photographic driving licence or approved identification card carrying PASS logo.

  13.              There will be no irresponsible drinks promotions.

  14.              There will be a 30 minute drinking up time prior to the premise closing when alcoholic beverages will not be supplied.

  15.              The electrical system will 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.

  16.              All accesses, doors and common area will be regularly checked by staff throughout the hours of trading.

  17.              First Aid materials will be available.

  18.              The provision of plastic glasses and bottles will be reviewed depending on the type of entertainment provided, the number and behaviour of patrons.

  19.              All recommendations of the Fire Officer or other proper authority will be acted upon.

  20.              When live bands or entertainment of a similar nature is to be performed on the premises we will liaise with Environmental Health concerning issues of noise and act upon any recommendations received.

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

  22.              Management will control the sound levels of the music/entertainment by means of verbal agreement with performers, setting maximum levels on the amplifier/sound system and the provision of a noise limiter if practicable or noise monitoring system to the satisfaction of the Police and Local Authority.

  23.              All recommendations of local authority officers concerning noise pollution, health and safety or other matters will be considered.

  24.              Normal restrictions as imposed by the Licensing Act 2003 will apply.

  25.              All staff will be trained in matters relating to children so as to prevent sales of alcohol to under 18’s.

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

   

  26.              Any amplified music after 7:00 pm must be played within the confines of a permanent licensed building or a marquee that has been adequately sound proofed with acoustic curtaining or some such acoustic device or equipment.

  27.              Digital recordings of all matters covered will be maintained for 7 days or as otherwise agreed with the Police and will be made available to either the Police or the Licensing Authority.

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

  29.              If the CCTV is inoperative, the Police and Licensing Authority must be informed immediately and the management must take immediate steps to put the equipment back into action.

  30.              An Anti Drug Policy to be copied to the Police and the Local Authority upon request.

  31.              No event involving the anticipated attendance of more than 2,500 people outside the hours of 10:00am to 10:00pm at any one time will be held without 28 days prior notice being given to the Police, Local Authority and Fire Service.

  32.              Suitable signage at the exits from the premises, or those parts of the premises being used for a particular event, will be displayed requesting the co-operation of patrons in particular, to be as quiet as possible when returning to their cars and leaving the premises.

  33.               No construction or dismantling of event equipment, stands, marquees and ancillary equipment to take place between 12:00 (midnight) and 7.00 am.

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  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

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