East Devon District Council

Park Farm

Trinity Hill Road, Musbury, AXMINSTER, Devon, EX13 8TB

Completed application 059315 which is a Change of Supervisor for Premises Licence from 22/04/2017 to indefinite

Applicant(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

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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.

  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.              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.              Whenever an outside area is to be used for a licensable activity for under 500 persons, notification must be given at least 14 days prior to the commencement of the event to The Licensing Authority, East Devon District Council Environmental Health, and the Chief Officer of Police. This notification should include an expected occupancy and plans

  showing locations of outdoor licensable activities and any temporary structures to be erected.

  2.              Whenever an outside area is to be used for a licensable activity for over 500 persons, the Licence Holder must fully comply throughout the duration of the licence with the Event Safety Management Plan submitted to and approved by the Licensing Authority, East Devon District Council Environmental Health, and the Chief Officer of Police. A final draft of the EMP must be submitted at least 28 days prior to the commencement of the event. This notification should include expected occupancy and plans showing locations of outdoor licensable activities and any temporary structures to be erected.

  3.              Whenever the area of the premises known as the Tea Shed’ is to be used for licensable activities, the timings of these activities will be undertaken as per the operating schedule for outdoor events, shown in the seasonal variations.

  4.              For any event under 500 persons, SIA security staff will be employed at the premises at the discretion of the Designated Premises Supervisor/River Cottage Events Manager in accordance with their assessment of risk for events at the premises. A written risk assessment will be prepared. The risk assessment shall be made available for inspection by the local authorities on demand.

  5.              For any event over 500 persons, SIA door staff will be employed at these events at a ratio agreed with the Police.

  6.              Where an event takes place involving camping, SIA door staff will be employed at a ratio agreed with the Police.

  7.              The premises will adopt a Challenge 21 policy. The only acceptable forms of ID will be Passport, Photo Driving License, or Government Approved PASS card.

  8.              For any outdoor event over 500 persons, details of the fields or areas which are to feature licensable activities, including details of occupancy caps, shall be made available in the Event Safety Management Plan. This plan is to be submitted to and approved by the Licensing Authority, East Devon District Council Environmental Health, and the Chief Officer of Police. A final draft of the EMP must be submitted at least 28 days prior to the commencement of the event.

  9.              Whenever an outside area is to be used for a licensable activity for over 500 persons, it shall be subject to the following seasonal restrictions: Large outdoor events over 500 persons will be limited to twice in any calendar year.  Large outdoor events over 500 persons will take place only between 1st of May and 31st September inclusive.  A minimum 60 day period between large outdoor events over 500 persons is required.

  Licensable Activities at large outdoor events will take place within the timings shown in the Seasonal Variations.

  10.              For any outdoor event the Music Noise Levels when assessed at the prediction stage or measured during sound checks should not exceed 65dBCA) over a 1 Sm period at 1 m from the facade of any noise sensitive premises.

  11.              For indoor events where live or recorded music is provided, the licence holder must ensure doors and windows to the area are kept shut after 2300.

  12              The licence holder, or a person authorised by them, must control the volume of regulated entertainment taking place at the premises.

  13.              The premises will adopt a Challenge 21 policy. The only acceptable forms of ID will be Passport, Photo Driving License, or Government Approved PASS card.

•  

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

                             

  None

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  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The licensable activities authorised by this licence must be restricted to the areas as indicated on the legend on the plan deposited with and approved by the Licensing Authority.