East Devon District Council

Kennaway House

Coburg Road, SIDMOUTH, Devon, EX10 8NG

Completed application 031307 which is a Change of Supervisor for Premises Licence from 01/04/2009 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• 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.

  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

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  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              Events involving the sale of alcohol will not normally be available to the general public but will be by invitation only e.g. Wedding Receptions/Family Celebrations/Dinners.

  2.              If during a period of six months from the date of opening of the premises the Licensing Authority serves written notice on the Licence Holder requiring that CCTV be provided it must be installed, maintained and operated to the satisfaction of the Chief Officer of Police and Local Authority.

                If CCTV is required to be installed under condition 2 the following conditions 3 to 6 shall also apply.

  3.              CCTV must be installed, operated and maintained to the satisfaction of the Licensing Authority.

  4.              CCTV recordings must be maintained for a period of one month or for a period of time to be agreed in writing by the Licensing Authority.

  5.              If the CCTV equipment is inoperative the Licensing Authority must be informed as soon as possible and immediate steps to be taken to restore the equipment to full working order.

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

  7.              Membership of the local Licensees Association must be maintained and the licence holder or their representative must attend meetings and participate in all relevant initiatives.

  8.              A crime prevention policy agreed by the Licensing Authority must be in place.

  9.              An incident book must be maintained within which full details of all occurrences of disorder and refused alcohol sales at the premises must be recorded.  The incident book must be kept on the premises at all times and must be made available for inspection by officers of both the Licensing Authority and the police. 

  10.              No person carrying open or sealed bottles or glasses will be admitted to the premises at any time.

  11.              No customers will be permitted to take open containers of alcoholic or soft drinks from the premises.

  12.              The licence holder or persons authorised by them must check the premises prior to its opening to the public in order to ensure there are no risks to patrons and that all safety precautions are in place.

  13.              The licence holder must ensure that all staff receive appropriate training regarding emergency and general safety precautions and procedures.

  14.              The licence holder must ensure that all staff are aware of the social and legal obligations and their responsibilities regarding the sale of alcohol.

  15.              The telephone numbers of local taxi operators must be prominently displayed at the premises for the benefit of customers.

  16.              All bottles and glasses and rubbish must be removed from public areas on a regular and frequent basis.

  17.              The electrical system at the premises, including portable appliances must be inspected and tested annually by a competent person and a satisfactory safety report obtained.  A competent person will be a suitably qualified electrician who is registered with the ECA or NICEIC.

  18.              The Gas System, including appliances, must be inspected annually and tested by a Gas Safe registered gas engineer and a satisfactory Gas Safety Certificate must be obtained.

  19.              Any oil fired boilers and appliances currently installed on the premises or installed in the future must be inspected and tested annually and an OFTEC certificate of inspection must be obtained.  

  20.              All safety certificates and inspection reports must be kept on site and made available for inspection by officers of relevant statutory bodies.

  21.              The fire safety measures with which the premises are provided must be 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.

  22.              An adequate and appropriate supply of First Aid equipment and materials must be available on the premises.

  23.              The licence holder must ensure that staff regularly patrol the premises both indoors and out to supervise the orderly conduct of patrons.

  24.              Prominent, legible notices requesting people to leave the premises and the area quietly must be displayed at all exists.

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

  26.              A Health and Safety Policy must be implemented and maintained at the premises.

  27.              A proof of age policy agreed in writing by the Licensing Authority must be enforced.

  28.              Any staff that has contact with children at the premises must have undertaken a satisfactory Criminal Records Bureau check.

  29.              The consumption of alcoholic beverages in the garden must be limited to within the prescribed area shown on the plan deposited with and approved by the Licensing Authority, i.e. no alcohol to be consumed within 10 metres of the front boundary wall.

  30.              ‘No drinks beyond this point’ signs must be erected in the garden area.

  31.              Consumption of alcohol in outside areas must cease at 7:00 pm.

  32.              All containers of alcohol and soft drinks for outdoor consumption must be made of plastic.

•  

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

   

  1.              A member of staff must be on duty at the entrance/exit of the cellar bar from 11.00 pm until the terminal hour to control issues of noise disturbance.

   

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  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The licensable activities authorised by this licence will be confined to the areas that are indicated on the legend on the plan deposited with and approved by the Licensing Authority.