East Devon District Council

Spoken

43 The Strand, EXMOUTH, Devon, EX8 1AL

Completed application 031963 which is a Variation Application for Premises Licence from 05/07/2009 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

  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.                            Any person used to carry out a security activity as required under condition 8 of the premises Operating Schedule in Annexe 2 and condition 9 of the conditions attached after a hearing by the Licensing Authority in Annexe 3 of the licence must be licensed by the Security Industry Authority.

  Source: Section 21 Licensing Act 2003

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

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

  2.              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.

  3.              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.

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

  5.              The CCTV system must be extended to cover any outside area demarked for the consumption of alcohol.

  6.              No open containers of alcohol must be taken from the premises other than into an area demarked for alcohol consumption.

  7.              No alcohol to be consumed in any outside demarked area after 10:00pm.

  8.              Suitably qualified doorstaff must be employed from 9:00pm to 1.30am on Fridays and Saturdays or until 30 minutes after closing time - whichever is the sooner.

  9.              Live music at the premises must be non - amplified only.

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

  11.              A noise limiter device capable of being sealed will be installed and maintained to the satisfaction of the Corporate Director - Communities, East Devon District Council.

  12.              A wind down policy must be put in place at the premises.

  13.              A risk assessment must be in place for the premises and safety precautions checked on a daily basis.

  14.              All staff must be trained in all aspects of Health and Safety and updated on a regular basis.

  15.              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.

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

  17.              Charcoal filters must be installed to the cooker extraction unit to prevent odour.

  18.              The Designated Premises Supervisor must ensure that all customers leave the premises in an orderly manner.

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

•  

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

   

  1.              The size of the outside area to be licensed by the variation application submitted to the Licensing Authority on 26 June 2012 shall measure sixteen feet from the front of Spoken to the edge of the licensed area and seven feet from the side of Spoken to the edge of the licensed area.

  2.              The outside area will be licensed for the sale of alcohol only.

  3.              The licensing hours for the outside area will be reduced to end at 11.00pm when all drinking shall cease.

  4.              Plastic and/or toughened glass to be used in the outside area after 9.00pm.

  5.              The outside area is to be clearly delineated and customers should be seated at tables whilst consuming alcohol.

  6.              A CCTV monitor must be installed in an area on the premises where duty staff are able to monitor it.

  7.              At 11.00 pm all seating in the outside area will be stacked and secured so that they cannot be used. All tables and chairs to be removed from the outside when the premises close.

  8.              There will be clear signage in the outside area stating

  i)               Customers must be seated when consuming alcohol in this area.

  ii)               Customers will be requested to leave this area after 11.00pm.

  iii)               No drinks to be consumed outside of the designated area.

  iv)  Customers are asked to keep noise to a minimum when using the outside        designated area or when leaving the premises.

  9.              A minimum of 2 SIA registered door staff must be employed from 9.00pm to 1.30am on Fridays and Saturdays, Bank Holidays and Public Holidays or until 30 minutes after closing time whichever is sooner when the outside area is in use. Door staff will be employed at a ratio of 1:75.

  10.              The south-west facing aspect of the outside area of the premises cannot be used after 6.00 pm.

•  

  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.

Premises Plans

• Plan - Spoken - Page 1 of 1