Wings Bar

33 - 35 Imperial Road, EXMOUTH, Devon, EX8 1DB

Open application 062667 which is a Variation Application for Premises Licence from 25/02/2015

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.

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              The licence holder will keep the premises as a private members club to which any one can join but there must be 48 hours between the date of application and being allowed to use the club facilities.

  2.              All guests must be sponsored by a member of the club.

  3.              The licence holders will have a members swipe card entry system fitted to the main door of the club.

  4.              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.

  5.              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.

  6.              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 Licensing Service must be informed immediately.  Details of the malfunction must be recorded in the premises incident book.

  7.              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 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.

  8.              All staff must receive training on emergency and general safety procedures and precautions.

  9.              A challenge 25 system will be implemented where anyone attempting to purchase alcohol who appears to be under 25 years of age will be required to produce proof of age.

  10.              Prominent notices will be displayed requesting members and their guests to leave the club quietly.  This will also be included within the club rules.

  11.              Staff will be required to check all areas on a regular basis.             

  12.              Children will not be permitted in the club after 9pm.

  13.              Signs will be displayed showing areas where children are not permitted.

•  

  ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  To remove the existing conditions on Annex 2 of the premises licence 1,2,3 and 12 and to add following conditions - see operating schedule:

  1.              No person under the age of 18 shall be permitted to remain on the premises after 22:00 hours, except for Mondays, Tuesdays and Saturdays when organised darts and pool competitions/league events are taking place, during which time they remain on the premises solely for the purpose of participating in those activities. 

  2.              All staff must receive training on emergency and general safety procedures and precautions.

  3.              Whilst the premises will be open to the public any discounts offered shall be restricted to members only.

  4.              Discounts shall only be applied upon presentation of a valid membership card at the time of purchase.

  5.              New members shall not be eligible to receive any membership discounts until 48 hours have elapsed from the time and date of their application for membership.

  6.              The licence holders will have a members swipe card entry system fitted to the main door of the club.

  7.              All staff must receive training on emergency and general safety procedures and precautions.

  8.              A challenge 25 system will be implemented where anyone attempting to purchase alcohol who appears to be under 25 years of age will be required to produce proof of age.

  9.              Prominent notices will be displayed requesting all customers to leave the club quietly. This will also be included within the club rules.

  10.              Staff will be required to check all areas on a regular basis.

  11.              Signs will be displayed showing areas where children are not permitted.

  12.              The premises shall install operate and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police and Local Authority.

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

  14.              CCTV will cover all areas of the premises including any outside areas used by customers.

  15.              All recordings will be stored for a minimum period of 28 days with date and time stamping.

  16.              The CCTV system will be capable of downloading images to a recognisable viewable format. 

  17.              If the CCTV equipment is inoperative, the Police and Local Authority must be informed as soon as possible and immediate steps will be taken to put the equipment back into action.

  18.              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 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.

   

  19.              Staff training

  All staff engaged in licensable activity at the premises will receive training and information in relation to the following.

  The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

  The hours and activities permitted by the premise’s licence issued under the Licensing Act 2003 and conditions attached to the licence.

  How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol)

  .Recognising the signs of drunkenness.

  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.

  Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

  20.              Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12 Month intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.

  21.              Incident Log

  An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details:

  Any incidents of disorder or of a violent or anti-social nature

  All crimes reported to the venue, or by the venue to the police

  All ejections of patrons

  Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.

  22.              Records must be completed within 24 hours of any incident, and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident.

  23.              The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.

   

  24.              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. 25. 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:

  A photo driving licence

  A passport

  An identification card carrying the PASS hologram

  Unless such identification is produced the sale of alcohol must be refused.

  25.              An alcohol sales refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused. The register will include:

  The date and time of the refusal

  The reason for refusal

  details of the person refusing the sale

  description of the customer any other relevant observations.

  26.              The refusals register will be made available for inspection and copying on request of an authorised officer of a responsible authority.  All entries must be made within 24 hours of the refusal.

  27.              Prominent notices will be displayed requesting members and their guests to leave the club quietly.

   

  28.              Staff will be required to check all areas on a regular basis, including toilets. The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.

   

   

   

•  

  ANNEX 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The licensable activities authorised by this licence will be confined to the areas that are shaded in PINK on the plans submitted to and approved by the Licensing Authority.