East Devon District Council

Lympstone Manor Hotel

Courtlands Lane, EXMOUTH, Devon, EX8 3NZ

Completed application 053627 which is a New Application for Premises Licence from 16/06/2022 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

•  

   

  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.

   

  8.                                          (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.

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Prevention of Crime and Disorder

   

  CCTV

  The premises shall install operate and maintain a comprehensive digital colour CCTV system.

  All public areas of the licensed premises including entry and exit points will be covered, including any outside areas under the control of the premises licence holder.

  The system must record clear images permitting the identification of individuals, and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition.

  The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

  All equipment must have a constant and accurate time and date generation.

  All recordings will be stored for a minimum period of 14 days with date and time stamping.

  Viewable copies of recordings will be provided on request to the Police or local authority officers as soon as is reasonably practicable and in accordance with the Data Protection Act 2018 (or any replacement legislation) a staff member from the premises who is conversant with the operation of the CCTV system, shall be on the premises at all times when the premises are open. This staff member must be able to provide an authorised officer of a responsible authority, copies of recent CCTV images or data with absolute minimum of delay when requested in accordance with the Data Protection Act 2018 (or any replacement legislation).

  The CCTV system will be capable of downloading images to a recognisable viewable format.

  There will be security measures in place to ensure the integrity of the system to prevent the tampering with, and deletion of, images.

  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.

   

  INCIDENT LOG

  An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details:

  i. Any incidents of disorder or of a violent or anti-social nature

  ii. All crimes reported to the venue, or by the venue to the police

  iii. All ejections of patrons

  iv. Any complaints received

  v. Seizures of drugs or offensive weapons

  vi. Any faults in the CCTV system

  vii. Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.

  Records must be completed within 24 hours of any incident, and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident.

  The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.

   

   

  Public Safety

   

  Alcohol and soft drinks in the Pool House Bar & Restaurant will be served in high quality polycarbonate glassware for customers consuming drinks in all external areas of the complex.

   

  A personal licence holder will be at the premises at all times when when alcohol is being sold or regulated entertainment is being provided.

   

  The new swimming pool has been risk assessed and the relevant safety and cleaning checks will be conducted daily. When the swimming pool is not is use there is a retractable metal cover for the entire pool surface which can take the weight of a person.

   

  There are adequate arrangements within the entire premises for disabled guests.

   

  Adequate and appropriate first aid equipment is available in all areas of the premises. At least one trained First Aider will be on duty when the public are present in the premises.

   

  A full fire and security check of the premises is conducted and recorded by a Duty Manager 5 times over a 24 hour period.

   

  STAFF TRAINING

  All staff engaged in licensable activity at the premises will receive training and information in relation to the following:

  i. The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

  ii. The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

  iii. How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

  iv. Recognising the signs of drunkenness.

  v. The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.

  vi. Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

  Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12 month intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.

  Training records will be retained for at least 12 months.

   

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

   

  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.

   

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

   

  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.

   

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

   

   

  Prevention of Public Nuisance

   

  Noise from the premises will be maintained at a level that will not be audible to any noise sensitive premises.

   

  A noise management plan (NMP) connected with the premises shall be planned and implemented in full. The NMP shall be sufficient to ensure that the music noise level from any regulated entertainment shall meet with part 2 of this condition.

   

  Between the hours of 07:00 and 23:00 the A-weighted equivalent continuous noise level (LAeq 15min) emanating from the premises, when measured or determined at the boundary of any noise sensitive property* over any 15 minute period with entertainment taking place, must not exceed the background noise level (LA90 15min) by more than 5 dB(A) with no entertainment taking place.

   

  Between the hours of 23:00 and 07:00 the A-weighted equivalent continuous noise level (LAeq5min) emanating from the premises, when measured or determined at the facade of any noise sensitive property* over any 5 minute period with entertainment taking place, must not exceed the background noise level (LA90 5min) with no entertainment taking place.

   

  Where access to the nearest sound-sensitive property is not possible, measurements shall be undertaken at an appropriate location and corrected to establish the noise levels at the nearest noise sensitive property.

   

  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.

   

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

   

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

   

  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.

   

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

   

  Amplified music must only be played in the areas outlined in red on the plans on the ground floor of the main hotel building and the Pool House as indicated on the plans submitted to and approved by the Licensing Authority.

   

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

   

  Disposal of bottles into waste receptacles will not be permitted to take place between the hours of 23.00 hrs and 0700 hrs to minimise disturbance to nearby premises.

   

  Ventilation and extract systems will be maintained so as to prevent noxious smells causing any nuisance to the public or nearby premises. The waste receptacle building and all waste bins will be kept clean and maintained so as to prevent noxious smells causing any nuisance to the public or nearby premises.

   

  The premises has a waste collection contract with a reputable local company.

   

  Protection of Children from Harm

   

  CHALLENGE 25

  There will be in place a written age verification policy in relation to the sale or supply of alcohol, which will specify a

  Challenge 25 proof of age requirement. This means that staff working at the premises must ask individuals who

  appear to be under 25 years of age, attempting to purchase alcohol, to produce identification. The only acceptable

  identification documents will be:

  - A photo driving licence

  - A passport

  - An identification card carrying the PASS hologram

  Unless such identification is produced the sale of alcohol must be refused.

  This policy will include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18.

   

  REFUSALS REGISTER

  An alcohol sales refusal register shall be kept at the premises and be maintained to include details of all alcohol sales

  refused. The register will include:

  i. the date and time of refusal

  ii. the reason for refusal

  iii. details of the person refusing the sale

  iv. description of the customer

  v. any other relevant observations.

  The refusals register will be made available for inspection and copying on request of an authorised officer of a responsible authority.

  All entries must be made within 24 hours of the refusal.

  Add the following conditions from your existing licence:-

  Children will be supervised by parents at all times.

  No under 18’s will be permitted without an adult to supervise.

   

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

   

•  

  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.

   

  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.