East Devon District Council

Otter Nurseries

Gosford Road, OTTERY ST MARY, Devon, EX11 1LZ

Completed application 051958 which is a Change of Supervisor for Premises Licence from 01/10/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

  7.              (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.

  Source: Section 19A Licensing Act 2003

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              Alcohol must only be consumed on the premises within the coffee shop located within the areas that are outlined in blue on the plans submitted to and approved by the Licensing Authority and can only be served to customers with substantial hot and cold meals.  Other beverages must be widely available.  Consumption of alcohol is only permitted in these areas between 9.00 am and 8.30 pm.

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

  3.              All the tills in use on the premises must be programmed to flag up all products that are available for sale in the premises which are age restricted.

  4.              CCTV must be installed, operated and maintained to the satisfaction of the chief of police.

  5.              The CCTV system must be operational at all times whilst the premises are trading.  If the system is faulty or not working the Police and the East Devon Licensing Service must be informed immediately and immediate steps taken to put the equipment back into action.  Details of the malfunction must be recorded in the premises incident book.

  6.              CCTV images must be retained for a minimum of 31 days and made available to the police on request at any reasonable time.

  7.              A4 sized warning notices must be displayed in public areas of the premises and at all entrances advising that CCTV is in operation.  The signs located at entrances should be located on the exterior of the building at, and adjacent to, all public access doors.  All signs must comply with the requirements of the current Data Protection legislation.

  8.              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.

  9.              All safety certificates and inspection reports must be kept on site and made available for inspection by the relevant enforcement officers.

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

  11.              Safety inspections on fire escape routes and doors must carried out daily and must be part of all managers’ daily routine.

  12.              Access for emergency vehicles must not be restricted.

  13.              There must be arrangements in place to ensure safe evacuation of disabled people from internal areas.

  14.              There must be an adequate number of fire marshals in the store whilst it is open for business and they must have specific evacuation training.

  15.              There must be an adequate number of staff trained as first aiders available in the store whilst it is open for business.

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

  17.              All refuse generated by the store must have designated areas for storing before removal from the site and removal must be done regularly by a licensed refuge handler.

  18.              Delivery of goods to the licensed premises must only be undertaken between 8.00 am and 5.00 pm.

  19.              The premises must operate a challenge 25 proof of age policy.  Any person who is or appears to be under 25 must be asked to provide photographic identification before they are permitted to purchase or consume alcohol.

  20.              The only forms of identification accepted must be a valid UK photo driving licence, passport or recognised PASS scheme ID.

  21.              No gambling machines may be installed in the premises.

•  

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

   

  None

•  

  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The alcohol sales for ‘On’ consumption authorised by this licence will be confined to the areas that are outlined in BLUE and the ‘Off sales authorised by the licence will be confined to the areas that are outlined in BLUE and RED on the plans submitted to and approved by the Licensing Authority.