East Devon District Council

Goren Farm

Broadhayes, Stockland, HONITON, Devon, EX14 9EN

Completed application 050696 which is a New Application for Premises Licence from 30/05/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• 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.

  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.              (a)              Admission of children (under the age of 18) to any exhibition of films must be restricted in accordance with the film classification applied by the body designated as the authority under Section 4 of the Video Recordings Act 1984.

  (b)              Where the film classification is not specified or where the Licensing Authority notifies the licence holder that Section 20(3) (b) applies to the film in question, admission of children must be restricted in accordance with any recommendations made by the Licensing Authority.

  8.              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

   

  All staff engaged in licensable activity at the premises will receive training and information in relation to the following:

  (i) The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable;

  (ii) The hours and activities permitted by the premises license issued under the Licensing Act 2003 and conditions attached to the licence;

  (iii) How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol);

  (iv) Recognising the signs of drunkenness;

  (v) The operating procedures for refusing service to any person who is

  drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.

   

  Licensable Activities at large outdoor events (over 500 persons) will take place within the timings shown in the Seasonal Variations.

   

  All alcohol and soft drink off-sales will be in sealed containers.

   

  The licensable activities authorised by this license will be confined to the area(s) as outlined in RED on the plans deposited with and approved by the Licensing Authority.

   

  Whenever an outside area is to be used for a licensable activity for over 500 persons, the Licence Holder must fully comply throughout the duration of the license with the Event Safety Management Plan submitted to and approved by the Licensing Authority, East Devon District Council Environmental Health, and the Chief Officer of Police. A final draft of the

  EMP must be submitted at least 28 days prior to the commencement of the event. This notification should include expected occupancy and plans showing locations of outdoor licensable activities and any temporary structures to be erected.

   

  Whenever an outside area is to be used for a licensable activity for over 500 persons, it shall be subject to the following seasonal restrictions:

  Large outdoor events over 500 persons will be limited to twice in any calendar year.

  Large outdoor events over 500 persons will take place only between 1st of May and 30th September inclusive.

  A minimum 60 day period between large outdoor events over 500 persons is required.

   

  Whenever the areas of the premises known as the Barn, shed, festival field or tree field are used for licensable activities, the timings of these will be undertaken as per the operating schedule for outdoor events, shown in seasonal variations.

   

  For any event over 500 persons, SIA door staff will be employed at these events at a ratio agreed with the Police.

   

  The premises must display Drink-driving campaign posters in prominent locations at the premises

   

  The premises shall install operate and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police and local authority.

  All Bars and point of sale areas will be covered

  All buildings used for the sale of alcohol entry and exit points will be covered.

  The system must record clear images permitting the identification of individuals, and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition.

  The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

  All equipment must have a constant and accurate time and date generation.

  All recordings will be stored for a minimum period of 14 days with date and time stamping. 

  Viewable copies of recordings will be provided on request to the Police and local authority officers as soon as is reasonably practicable and in accordance with the Data Protection Act 2018 (or any replacement legislation) a staff member from the premises who is conversant with the operation of the CCTV system, shall be on the premises at all times when the premises are open.  This staff member must be able to provide an authorised officer of a responsible authority, copies of recent CCTV images or data with absolute minimum of delay when requested in accordance with the Data Protection Act 2018 (or any replacement legislation).

  The CCTV system will be capable of downloading images to a recognisable viewable format. 

  There will be security measures in place to ensure the integrity of the system to prevent the tampering with, and deletion of, images.

   

  The Premises Licence Holder will ensure that all alcohol will be secured in a locked premises.

   

  The premises will maintain and operate a sales refusals log that will be used to record all refusals at the premises. These records will be kept for a minimum of 24 months, and made available upon request to officers of any responsible authority.

   

  Excluding events and published open days, Persons attending the premises known as 'The pound house' to buy alcohol will do so by appointment only in order to prevent public nuisance.

   

  The premises will be maintained in good order and in a safe condition at all times and areas not open to the patrons will be clearly marked.

   

  An adequate and appropriate supply of first aid equipment and materials will be available on the premises.

  A written risk assessment will be prepared. The risk assessment shall be made available for inspection by the local authorities on demand.

   

  Where an event takes place involving camping, SIA door staff will be employed at a ratio agreed with the Police.

   

  For any outdoor event over 500 persons:

  a)Details of the fields or areas which are to feature licensable activities, including details of occupancy caps, shall be made available in the Event Safety Management Plan. This plan is to be submitted to and approved by the Licensing Authority, East Devon District Council Environmental Health, and the Chief Officer of Police. A final draft of the EMP must be submitted at least 28 days prior to the commencement of the event.

  b) stewards will be roaming the site at all times and be on alert for any possible issues. Stewards will be briefed on how to spot potential health hazards and deal with them, before reporting back to the control centre.

  d)Stewards and security will be in touch via walkie-talkies and mobile phone at all times.

  e)Qualified First Aid staff cover and welfare areas will be in place during large events.

  f)Fire points and muster points will be clearly marked throughout the site with fire buckets, beaters and fire extinguishers.

  For any outdoor event the Music Noise Levels when assessed at the prediction stage or measured during sound checks should not exceed 65dBCA) over a 1 Sm period at 1 m from the facade of any noise sensitive premises.

   

  During large events where live or recorded music is provided, the licence holder must ensure doors and windows to the area are kept shut after 23:00 and music noise levels reduced.

   

  From 23:00, recorded & live unamplified music (without percussion instruments), will only take place inside, with all such activity ceasing at midnight.

   

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

   

  Should any complaints arise they will be dealt with in a co-operative manner.

  There will be in place a written age verification policy in relation to the sale or supply of alcohol, which will specify a Challenge 25 proof of age requirement. This means that staff working at the premises must ask individuals who appear to be under 25 years of age, attempting to purchase alcohol, to produce identification. The only acceptable identification

  documents will be: (i) A photo driving licence; (ii) A passport; (iii) An identification card carrying the PASS hologram. Unless such identification is produced the sale of alcohol must be refused.

   

  Any online sales of alcohol will be subject to age verification.

   

  During Large (over 500 persons) events:

  a) Zero tolerance approach of underage drinking or drugs on or around the premises with CCTV.

  b)All play equipment will be periodically checked.

  c)Young persons are to be accompanied by a responsible adult on the site with a maximum ratio of 2 children to one adult.

  d)No entertainers or staff will be left alone with children at any time unless they are holders of a full DBS check and up-to date certificate.

  e)All stewards and SIA staff will be briefed on the 'lost child' policy before starting their shift.

• ANNEX 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.