East Devon District Council

Manor Gardens

Manor Gardens, Exmouth, Devon, EX8 1NZ

Completed application 057050 which is a New Application for Premises Licence from 22/06/2024 to 22/06/2024

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

• ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General - all four licensing objectives (b,c,d,e)

  Our Trustees, and committee members are invested in making this an enjoyable community event. We have additional adult day volunteers that are given a briefing and we have a thorough Event Management Plan and Risk Assessment.

  There will be 2 DBS checked SIA trained security staff of duty 9am to 7pm with an additional 2 on duty at peak times (12:30pm to 6:30pm) and 2 First Aid staff on duty with a 11am to 6:30pm.

  We also use competent professional companies for sound and light provision, additional sanitary and waste/ recycling provision and our alcohol bar is managed by the experienced event team at Bar Nova.

  We liaise with representatives of East Devon District and Exmouth Town councils, the Police, Ambulance and Fire brigade.

  The prevention of crime and disorder

  The bar operations will draw up plans for the safekeeping of staff belongings and provide systems of work for the effective management of cash on site to deter theft.

  Refusal of service of alcohol to intoxicated people will be promoted to staff in daily briefings and monitored by all.

  All bar, security staff will be instructed to:

  • Look out for any alcohol or drug related issues

  • Look out for any unusual or suspect behaviour, violence or thefts

  • General safety of visitors in the main area and surrounding areas

  • Report any issues to the Event coordinators, Licensee’s and Police if required

  • Policy on sensible drinking to be applied by all bar staff

  The Exmouth Pride merchandise stall cash, stock and donation buckets shall be monitored and managed by committee members to provide systems of work for the effective management of cash on site to deter theft.

  Volunteers are briefed on:

  • Look out for any alcohol or drug related issues

  • Look out for any unusual or suspect behaviour, violence or thefts

  • General safety of visitors in the main area and surrounding areas

  • Report any issues to the Committee members and Police if required

  Public safety

  Flow of people through the main thoroughfare will be continually monitored as would crowding in front of the stage. A first step to limit overcrowding would be to inform people that the main gate to Chapel Hill and then the Beacon Hill are now exits only, meaning through traffic would bypass the park and most new attendees would have to walk further round.

  The presenters and acts will be asked to change the tone of their performance or direct people to step back from the stage area as necessary.

  There is very limited seating for approximately 20 people near to the bar and traders and information stalls may have their own seating for staff.

  Streetscene emergency staff are available for call out to the public toilet block. Our 6 additional portloos are locked prior to our event and used by volunteers as well as the public. A portloo will be padlocked shut in the event of being unsanitary through misuse.

  The bar uses reusable plastic cups.

  The prevention of public nuisance

  The performance of live entertainment will be limited to a maximum duration of 7.5 hours inclusive of any breaks on the one day of the event. The event ends at 18:30pm with a clear message from our presenters and members of our committee to leave the park tidy and by considerate if people are moving their celebration on.

  Karats Ltd TA Pro Sound and light (Unit 9 Oak Tree Place, Marsh Barton, Exeter, EX2 8WA, t: 01392 274848 info@ProSoundandLight.co.uk are providing Audio services for Exmouth Pride on the 22nd June 2024 in the Manor Gardens, Exmouth. They are using a d&b audiotechnik Q1 line array system as this system gives and angle of audio dispersion that is controllable to some degree within the mid and high frequencies and it provides even sound coverage across the area. The speakers are on the stage pointing out to the middle of the gardens.

  The bass speakers shall be in a cardioid arrangement to steer the bass as much as possible towards the audience.

  We appreciate the importance of being respectful to our neighbours in the surrounding areas so we will endeavour to keep the noise level between 11am and 6:30pm below an average of 65dB LA Eq measured over 15 minutes at the boundary of the nearest residential area (as recommended by Environmental Health, EDDC.) Noise limiting devices will be used to achieve this. These will be tested hourly and these findings will be recorded and will be made available to anyone who wishes to see them. The person taking the recordings will be in contact with the sound engineer and make them aware of any changes to the levels so that appropriate action can be taken.

  Signs will be up on the main 3 entrances and at our information stall to email us on exmouthpride@gmail.com in case of noise-nuisance or anti-social behaviour and this will be monitored by Trustees half-hourly on the day and act as a record of concerns. Trustees will be in direct contact with our Sound Engineer.

  Set up of traders is from 9:00am to 10:30am with no vehicle movement until after 18:30 for take down which is complete by 20:00. We allow one silent run petrol generator as it is essential for our bouncy castle provider and it is far (see no. 43 on map) from residential premises. Delivery and collection of our portaloos and additional waste/recycling bins will be in the working day before and after the event.

  We will have additional large mixed wheelie bins supplied by Devon Contract Waste (now part of Suez) who sort recycling from refuse after the event, plus additional containers for glass. They will stored in the agreed area before and after the event and will be delivered and collected during the working day before/after the event.

  Traders are required to remove all of their own litter and recycling.

  We have a team of litter picker volunteers on duty in the afternoon.

  Banners and Correx boards are put up on the railings the week before the event as agreed and removed within 3 days of the event. Directional signs from the station to the park are put up on the morning of the event and taken down that evening.

  Pro sound and light will provide a floor standing colour wash lighting that lights the stage. To limit fumes we permit only one essential generator (for the Bouncy castle) and have 4 hot food stalls, including a gas BBQ, which will be operational 11am to 6:30pm on the day.

  The protection of children from harm

  Bar Nova are committed to ensuring that Alcohol is not sold to anyone under 18 using the Challenge 25 scheme.

  The Following notice will be posted at multiple locations on each bar:

  If you are lucky enough to look under 25, it may be that we ask you to prove your age when entering the bar area or when attempting to buy alcohol.

  Please don't be offended by this request, in fact take it as a compliment! The ONLY accepted proof of age documents are:

  1) Passport (Not a photocopy)

  2) Photo card Driving License

  3) Proof of Age Card - The card must be part of the PASS scheme and carry their hologram.

  Our roaming SIA licensed security team will be briefed on supporting the bar implement verification of the age of all customers who appear to be under the age of 25.

  Bar staff on the front line will also be required to check the id of any customer who appears to be under 25 and will reminded of this obligation at their daily briefing.

  A log will be kept on the bar and by each security person detailing any customers who are refused service as satisfactory ID has been requested but not been presented.

• 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 ORANGE on the plan submitted to and approved by the Licensing Authority.