East Devon District Council

Michael's Cafe & Restaurant

11 Tower Street, EXMOUTH, Devon, EX8 1NT

Completed application 042318 which is a Cancellation/Surrender for Premises Licence from 31/05/2011 to 08/12/2016

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• 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

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              All staff must refuse the sale of alcohol to any person who appears drunk.

  2.              No customer must be permitted to take open containers of alcohol or soft drinks from the premises.

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

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

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

  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.              The gas system including appliances must be inspected annually and tested by a Gas Safe registered engineer and a satisfactory Gas Safety certificate must be obtained.

  8.              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.

  9.              All safety certificates and inspection reports must be kept on site and made available for inspection by officers of relevant statutory bodies.

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

  11.              Display signage of 'wet floor' if cleaning has taken place or a spillage has occurred.

  12.              Prominent, legible notices requesting people to respect the neighbours and to leave the premises and the area quietly must be displayed at all exits.

  13.              Bins to be kept in the storage area on the ground floor to prevent odour and seagull nuisance.

  14.              Any broken glass to be placed in the used bottles bin in the bin storage area.  This area must be locked at all times.

  15.              All staff must follow the Challenge 21 philosophy and refuse to sell alcohol to anyone who appears to be under the age of 21 without proof of age in the form of a photo driving licence, passport or an accredited photo ID card.

  16.              All staff must ensure that customers behave in a respectful manner and refrain from swearing.

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