Kingswood & Devoran Hotel

The Esplanade, SIDMOUTH, Devon, EX10 8AX

Completed application 026191 which is a New Application for Premises Licence from 13/04/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the sale by retail of alcohol
• provision of late night refreshment

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

  MANDATORY CONDITIONS 5 & 6 LISTED BELOW WILL COME INTO FORCE ON THIS LICENCE ON THE 1 OCTOBER 2010

   

  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

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              The CCTV system currently installed at the hotel must be operated and maintained to the satisfaction of the Licensing Authority and the Police.

  2.              CCTV recordings must be kept in accordance with current policy (DVD hard drive system currently 14 days).

  3.              Should the CCTV become defective the Licensing Authority and Police must be informed forthwith and immediate steps must be taken to repair.

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

  5.              Alcoholic drinks must only be consumed on the premises and on our enclosed forecourt.

  6.              No open containers of alcoholic drinks may be taken away from the premises or bought onto the premises.

  7.              Full lighting must be provided and maintained throughout the premises.

  8.              All bottles and glasses must be removed from public areas as soon as finished with.

  9.              There must be no irresponsible alcohol promotions.

  10.              A challenge 21 policy must be operated, any person who looks under 21 years must be asked for proof of age.  The accepted forms of identification are passport, photo driving licence and an identification card bearing the PASS logo.

  11.              Staff must be regularly trained in the proof of age policy and run a No ID No Sale policy.

  12.              Reception staff must be available to assist any customers with arrangements for getting home.

  13.              Membership of the local Licensees Association must be maintained and a representative must attend meetings regularly.

  14.              All electrical and gas systems must be regularly inspected by an approved contractor.

  15.              All safety certificates and instructions must be kept on site and made available for relevant authorities inspections.

  16.              When disabled people are present there must be adequate arrangements for safe evacuation and fully trained staff to enable a safe evacuation.

  17.              Emergency lighting must be provided and maintained in all areas.

  18.              There are 5 escape routes from the ground floor, all must be maintained and kept clear at all times.

  19.              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.

  20.              First Aid kits must be available for patrons from reception and there must be first aid appointed person within the business.

  21.              Staff must be trained on induction and at regular intervals throughout the year on what to do in an emergency and on general safety precautions.

  22.              This licence permits the performance of non amplified live music excluding the playing of percussion instruments including drums only.

  23.              Performances of amplified live music must be limited to no more than two per month.

  24.              The manager and senior staff members must regularly inspect the premises to ensure there are no risk to patrons and that all safety precautions are in place.

  25.              All external doors and windows must be kept shut apart from access and egress when live or recorded music is being played.

  26.              All music must be kept to a reasonable level as the floors above are used as hotel accommodation.

  27.              The majority of music must be background music ancillary to dining.

  28.              A senior member of staff must assess the impact of activities on neighbouring residential premises at the start of any music and must control levels of music.

  29.              Relatively small quantities of barrels and bottles are emptied during the daytime.

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

  31.              A full range of soft drinks must be available at the premises.

  32.              The licensable activities authorised by this licence must be confined to the area(s) as hatched in PINK on the plan deposited with and approved by the Licensing Authority.

Premises Plans

• Plan - Kingswood & Devoran Hotel - Page 1 of 1