East Devon District Council

Clapp Mill Farm

Westwood, BROADCLYST, EXETER, Devon, EX5 3DN

Completed application 047383 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 15/02/2011 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.

  2.              (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.

  3.              (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.

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              All sales of alcohol must be made via the internet or by telephone orders.

  2.              There must be no facility to sell alcohol from an onsite shop and no access must be allowed to the general public for the purchase of alcohol.

  3.              No advertising to road users or passersby regarding the sale of alcohol must be made at the site.

  4.              Security lights must be installed and maintained at the premises.

  5.              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.

  6.              The electrical system at the premises, including portable appliances must be inspected and tested annually by a competent person and a satisfactory safety report obtained.  A competent person will be a suitably qualified electrician who is registered with the ECA or NICEIC.

  7.              Emergency lighting must be installed and maintained.

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

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

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

  11.              Health and safety posters must be prominently displayed at the premises.

  12.              A recycling programme must be in place to keep rubbish to a minimum on the site.

  13.              There must be designated bin storage areas on the site.

  14.              Pest control measures must be in place to ensure that vermin are discouraged from being on the premises.

  13.              The licence holder must monitor noise production levels on a regular basis.

  14.              Children must not be permitted to be on the premises.

  15.              The licence holder must comply with an accredited ID scheme and must not sell to anyone who appears to be under 21, without valid photo ID.

  16.              The licence holder must refuse any sales that potentially will allow children access to alcohol.

•  

  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.

Premises Plans

• Plan 1 - Page 4 of 2
• Plan 1 - Page 1 of 2
• Plan 1 - Page 2 of 2