East Devon District Council

Great Western Railway Staff Association

3 Royal Avenue, EXMOUTH, Devon, EX8 1EN

Completed application 057438 which is a Change of Supervisor for Premises Licence from 25/07/2011 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• 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.              (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

   

  1.              Suitably qualified door supervisors must be employed when the premises are open beyond midnight and both the provision of regulated entertainment and the supply of alcohol are taking place.

  2.              CCTV must be installed, operated and maintained to the satisfaction of the Licensing Authority and the Chief Officer of Police in accordance with the requirements set out in the EDDC Licensing Policy.

  3.              CCTV images must be retained for a minimum of 14 days and to be produced on the request of the Police or a Licensing Officer of East Devon District Council.  Recording media must be set to 25 frames per second.

  4.              The CCTV system must be operational at all times whilst the premises are trading.  If the system is faulty or not working then the Police and East Devon District Licensing Service must be informed immediately.  Details of the malfunction must be recorded in the premises incident book.

  5.              A4 sized warning notices must be displayed in public areas of the premises and at all entrances advising that CCTV is in operation.  The signs located at the entrances should be located on the exterior of the building at, and adjacent to, all public access doors.  All signs must comply with the requirements of the Data Protection Act 2002.

  6.              Membership of the Local Licensees Association must be maintained and the licence holder or their representative must attend meetings and participate in all relevant initiatives.

  7.              A crime prevention policy agreed by the Licensing Authority must be in place.

  8.              An incident book must be maintained within which full details of all occurrences of disorder and refused alcohol sales at the premises must be recorded.  The incident book must be kept on the premises at all times and must be made available for inspection by officers of both the Licensing Authority and the police.

  9.              No person carrying open or sealed bottles or glasses will be admitted to the premises at any time.

  10.              No customers will be permitted to take open containers of alcoholic or soft drinks from the premises.

  11.              A door entry system using a proximity reader that records members entering the premises must be installed.

  12.              A club steward must be at the entrance door at all times during opening hours.

  13.              An appropriate method agreed in writing by the Licensing Authority must be employed for checking the number of people entering and leaving the premises and ensuring that once the maximum occupancy is reached, no further persons are admitted.

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

  15.              The licence holder or people authorised by them must ensure that all safety precautions are correctly adhered to.

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

  17.              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.

  18.              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.

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

  20.              Regular risk assessments must be carried out.

  21.              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.

  22.              Staff must patrol regularly inside and outside the premises and supervise the orderly conduct of club members and guests.

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

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

  25.              Exit signs must be clearly displayed and remain illuminated during any power failure.

  26.              The licence holder or persons authorised by them must control the volume of regulated entertainment taking place at the premises and ensure that there is no excessive volume.

  27.              Suitable signage must be displayed in all outside areas requesting patrons to respect the amenities of local residents.

  28.              Where drinks are going to be displayed outside in outdoor areas they must be served in plastic or toughened glass.

  29.              Where outside areas are provided for the use of patrons facilities for the depositing and collection of litter will be maintained.

  30.              No children under the age of 18 will be allowed on the premises unless accompanied by a responsible adult.

  31.              No children under the age of 16 will be allowed on the premises after 21.00 unless agreed by the club committee.

  32.              No children under the age of 16 will be allowed to approach the bar.

  33.              A separate bar must be available for the purchase of soft drinks.

  34.              There must be no entertainment of an adult nature on the premises.

•  

  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.