East Devon District Council

Lympstone Manor Hotel

Courtlands Lane, EXMOUTH, Devon, EX8 3NZ

Completed application 055516 which is a New Application for Premises Licence from 12/07/2023 to 12/07/2023

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• any playing of recorded music
• the supply of alcohol
• a performance of live music

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.

   

   

• ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  We will undertake all means necessary in order to provide a safe and secure environment for both our guests and our staff members in accordance with all of the licensing objectives. The licensee will ensure that there are competent staff on duty at all times.

   

  Prevention of Crime and Disorder

  At any time when alcohol is offered for sale at the premises, there shall be a minimum of 10 Door Supervisors who will be Security Industry Authority (SIA) registered.  Unless a lower number of staff is agreed with the Police Licensing Officer prior to the event. 

   

  Public Safety

  Alcohol and soft drinks will be served in polycarbonate glassware for customers consuming drinks in all external areas of the property.  The DPS will be at the premises at all times when alcohol is being sold and regulated entertainment is being provided.

  We have conducted a suitable fire risk assessment at the premises and implemented the necessary control measures.

  Exits from the premises will be regularly checked to ensure they function satisfactorily. Access is provided for the emergency vehicles and kept clear at all times.

  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.

   

  Prevention of Public Nuisance

  At least two weeks prior to the event, a Noise Management Plan (NMP) will be submitted for approval by East Devon’s Environmental Protection Team. On written approval of the NMP, the NMP will be implemented and operated during the hours of the event.

  The NMP should be designed to cover the prevention of public nuisance criteria detailed within the Licensing Act 2003 by the following:

   Setting out the methodology for controlling music noise from the event

   Ensuring that maximum music noise levels are not exceeded at the boundary of any noise sensitive property

   Setting out the methodology for a noise complaint handling procedure is in place.

  This must ensure that any noise complaints are recorded together with the following actions that have been undertaken. 

  Between the hours of 07:00 and 23:00 the A-weighted equivalent continuous music noise level (MNL15min) emanating from the premises, when measured or determined at the boundary of any noise sensitive property over any 15 minute period must not exceed 65 dB (MNL15min).

  Between the hours of 23:00 and 07:00 the A-weighted equivalent continuous music noise level (MNL5min) emanating from the premises, when measured or determined at the boundary of any noise sensitive property must not exceed 46 dB(MNL 5min).

  Customers will be asked to leave the premises quietly.

  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.

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

   

  Protection of Children from Harm

  The premises operates a proof of age policy that has been agreed by the Police and Licensing Authority.

  All bar staff, supervisors and managers have been trained in the legality and procedure of alcohol sales prior to undertaking the sale of alcohol, training records will be kept and made available for inspection and copying to an authorised officer of a responsible authority on request.

  The documentation will extend back to a period of 3 years and will specify the time, date

  and details of the person both providing the training and receiving the training.

  There will be in place a written age verification policy in relation to the sale or supply of alcohol which will specify a challenge 21 proof of age requirement. This means that staff working at the premises must ask individuals who appear to be under the age of 21, attempting topurchase alcohol, to produce identification.

   

  The only acceptable identification documents will be the following:

  a photo

  driving licence

  a passport

  an identification card carrying the PASS hologram.

   

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

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

   

   

   

   

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

   

  None. 

• 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.