East Devon District Council

Lympstone Manor Hotel

Courtlands Lane, EXMOUTH, Devon, EX8 3NZ

Completed application 050042 which is a Change of Supervisor for Premises Licence from 11/05/2009 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

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.              (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.

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  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              A suitably trained Staff Member must be on duty at all times during the hours that the premises are open to the public.

  2.              CCTV will be installed operated and maintained to the satisfaction of the Licensing Authority and Chief Officer of Police.

  3.              CCTV images will be retained for a minimum of 14 days and be produced on the request of the police or the council (recording media must be set to 25 frames per second).

  4.              The CCTV system will be operational at all times whilst the premises are trading. If the system is faulty or not working then the police and the council must be informed immediately. Details of the malfunction will be recorded in the premises incident book.

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

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

  8.              All electronically amplified regulated entertainment must be played through the in-house PA system which is only to be operational in the designated rooms and not through any independent systems provided by the entertainers.  The controls for the in-house PA system must only be accessible by the Premises Licence Holder or people authorised by them.

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

  10.              The licence holder or staff authorised by them will check the premises before it opens to the public to ensure there are no risks to patrons and that all safety precautions are in place.

  11.              The licence holder will ensure that all staff receive appropriate training about emergency and general safety precautions and procedures.

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

  13.              The telephone numbers of local taxi operators will be made available at reception for the benefit of customers.

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

  15.              The electrical system at the premises, including portable appliances will 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.

  16.              The gas system, including appliances, will be inspected annually and tested by a Gas Safe Registered engineer and a satisfactory Gas Safety Certificate must be obtained.

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

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

  19.              The fire safety measures provided on the premises will 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.

  20.              An adequate and appropriate supply of first aid equipment and materials will be available on the premises.

  21.              Procedures will be in place to ensure that staff regularly patrol the premises both indoors and out to supervise the orderly conduct of patrons.

  22.              Notices will be displayed in appropriate areas requesting people to leave the premises and the area quietly and to respect the neighbours.

  23.              The Garden and Maintenance team will patrol the grounds regularly monitoring the disposal and collection of litter.

  24.              Children will be supervised by parents at all times.

  25.              No under l8’s will be permitted without an adult to supervise.

  26.              The premises will adopt a Challenge 21 Policy. The acceptable forms of ID to purchase alcohol will be Passport, Photo Driving Licence or Government approved PASS card.

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

   

  1.              A designated smoking area must be provided for patrons.  The smoking area must be clearly delineated on a plan approved by the Licensing Authority and an Environmental Health Officer of East Devon District Council.

  2.              A noise limiting device must be installed and maintained to the satisfaction of East Devon District Council’s Environmental Health Service.  The level must be set by an Environmental Health Officer of East Devon District Council.

  3.              All external windows and doors to any room where regulated entertainment is taking place must be kept closed except for access and egress.

  4.              Amplified music must only be played in the rooms marked as Music Room and Drawing Room on the plan submitted to and approved by the Licensing Authority. 

  5.              If the CCTV equipment is inoperative the Licensing Authority must be informed within seven days and immediate steps must be taken to restore the equipment to full working order.

  6.              Membership of the Local Licensees Association must be maintained and the license holder or their representative must attend meetings and participate in all relevant initiatives.

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

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

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

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

  11.              The premises must have a Health and Safety Policy which must be reviewed at least once a year and be available for inspection by the relevant authorities.

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

  13.              Prominent, legible notices stating that smoking is only permitted within the designated smoking area must be displayed.

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

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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 outlined in RED on the plans submitted to and approved by the Licensing Authority.