East Devon District Council

A La Ronde

Summer Lane, EXMOUTH, Devon, EX8 5BD

Completed application 051060 which is a Cancellation/Surrender for Premises Licence from 20/08/2007 to 10/08/2020

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
• the supply of alcohol
• a performance of dance

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 Licence Holder must provide training for staff who are involved in licensable activities to make them aware of their responsibilities regarding the ways that the licensing objectives are protected at the premises.

  2.              Any written risk assessments must be made available on request for inspection by officers of the Licensing Authority or other Responsible Authorities.

  3.              The erection or dismantling of temporary structures or plant must not take place whilst members of the public are in the vicinity.

  4.              Where there are any external electrical systems in place for a licensable activity, the system must be protected by a 30mA Residual Current Device.

  5.              Electric cables that could cause a tripping hazard must be covered with matting or buried if appropriate.

  6.              Adequate lighting must be maintained at all times to a level that will facilitate emergency egress from any licensed area.  Backup systems must be provided for use in case of emergency.

  7.              An evacuation plan must be adopted and maintained, which must be advised to all relevant members of staff.

  8.              Adequate access must be maintained for emergency vehicles on property under the Licence Holder’s ownership and control whilst the premises are open to the public.

  9.              A sufficient number of staff must be available to assist in the safe access and egress of the public from the property.  The number of staff required must be calculated on any advice received from the Fire Service or Police.

  10.              Firefighting equipment that must be checked and serviced in accordance with the manufactures recommendations or new equipment must be located at positions indicated on the plans approved by the Licensing Authority or any other plan which may from time to time be deposited with and approved by the Licensing Authority. 

  11.              All enclosed temporary structures intended for public use must be flame proofed to prevent accidental ignition.

  12.              Where any structure is erected for the purposes of housing a licensable activity, the plans for the structure must be forwarded to the Licensing Authority no less than one month before the event takes place, or other period as agreed in writing.  A plan will not be required if a plan has already been submitted which does not substantially differ in relation to any of the statutory specifications for plans.

  13.              Where any specific event involving more than four hundred (400) people at any one time (outside of the normal day to day running of the premises) and where any structures are erected for the purposes of housing a licensable activity, a plan must be prepared showing the structures and public area.  This plan to be submitted to the Police and Licensing Authority at least one month prior to the event, unless a similar plan has already been submitted.

  14.              Sound vibration must be controlled by the Licence Holder to prevent a public nuisance being caused at any adjacent property in separate occupation and ownership.

  15.              Where any person who appears under the age of 18 years of age attempts to purchase alcohol proof of age must be required.  Such proof will be production of a driving licence, passport or an identification card recognised by the Licensing Authority’s Statement of Licensing Policy.

  16.              The licensable activities authorised by this licence will be confined to the areas that are marked on the legend and within the area outlined in RED on the plan deposited with and approved by the Licensing Authority.

Premises Plans

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