East Devon District Council

Netherton Club Hall

Oakview, Farway, COLYTON, Devon, EX24 6DF

Completed application 028424 which is a Transfer Application for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• entertainment facilities for dancing
• the sale by retail 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.              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.

  Source: Section 20 Licensing Act 2003

  3.                            Any person used to carry out a security activity as required under condition 5 of the premises operating schedule must be licensed by the Security Industry Authority.

  Source: Section 21 Licensing Act 2003

  4.              (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

  5.              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

  6.              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

  7.              (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

  8.              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.              It is the responsibility of the licensee to ensure that:

    the condition of the building and activities at the premises do not endanger those present;

  the use of the premises does not cause disturbance to nearby residents and passers-by; that everyone leaves as quietly as possible;

  the volume of amplified sound is under control; and

    all parts of the premises, which are open to the public, shall have sufficient lighting to enable adequate supervision.

  2.              The Designated Premises Supervisor shall make arrangements to ensure that the maximum number of persons permitted to be on the premises at one time is not exceeded. (See condition 26)

  3.              The Licensee or a nominated person shall maintain good order and decent behaviour in the licensed premises, and shall inform the Police immediately he/she becomes aware of any indecent conduct taking place or which is said to have taken place, in the premises.

  4.              The licensee or a nominated person shall be in attendance during the whole period the premises are open to the public.  Where there are more than 75 persons present the licensee, or nominated person, shall be assisted by at least one steward.  The steward shall wear either distinctive clothing or a suitable armband.

  5.              No exhibition, demonstration or performance of hypnotism (as defined in Section 6 of the Hypnotism Act 1952) shall be given on any person at the premises except with the written consent of the licensing authority and in accordance with any conditions attached to such consent.

  6.              All persons primarily employed in premises licensed to sell alcohol who vet customers in order to maintain good order shall be approved and licensed by the Security Industry Authority.

  7.              A register of names of persons on duty to vet customers and maintain good order at any given time, shall be kept on the premises and made available to a Police Officer or a duly authorised officer of the Licensing Authority on request by either of those officers.

  8.              All fire precautions with which the premises are provided shall be adequately maintained.  The fire safety provisions are indicated on the approved licensing plan and the Community Hall Fire Precautions Guide and Log contains advice on the maintenance of fire precautions.

  9.              A logbook shall be kept in which there shall be recorded details of tests and maintenance of the fire alarm (if applicable), emergency lighting and fire fighting equipment.

  10.              The licensee, nominated person and any stewards shall be familiar with the fire routine for the premises and means of calling the fire service.

  11.              The licensee or nominated person, before admittance of the public, shall:

  check that every exit door is unlocked and will easily open fully from the inside and ensure that all keys and other security fastenings are removed;

  walk each internal route leading to the exit doors to ensure that the route is unobstructed and safe to use;

  walk each external route leading from the exit doors to the assembly point to ensure that the route is unobstructed and safe to use, and

  unless the premises are being used in daylight without restriction of natural light, switch on the appropriate general lighting to ensure that the exit doors, internal and external exit routes and exit signs are illuminated.

  12.              If the premises are to be used for any purpose involving a closely seated audience the seating arrangement shall first be approved by the licensing authority.  A plan showing the approved layout shall be displayed next to the licence.

  13.              The written consent of the licensing authority shall be obtained before constructing a stage or alterations are made to the existing stage.

  14.              All heating appliances shall be fixed in position and be adequately guarded.

  15.              No explosive or highly flammable material shall be brought into the premises and no liquefied petroleum gas cylinders shall be used or stored in any part of the premises while the public is present.

  16.              No naked flames, smoke machines, lasers or pyrotechnics shall be used without the written consent of the licensing authority.

  17.              Smoking shall not be permitted on stage without the written consent of the licensing authority and shall not be permitted backstage including dressing rooms.  Prominent "No Smoking" signs shall be displayed in the backstage areas.

  18.              Curtains, drapes or other decorative material shall either be inherently non-flammable or comply with the current British Standard or an equivalent European Standard.  Scenery must be flame-retardant.

  19.              All toilet facilities shall be kept clean and in good working order and all doors leading to these facilities shall be suitably marked.

  20.              Before carrying out any alteration to the premises including the electrical installation, the wall and ceiling linings or any material alteration to the internal arrangement of the premises the written consent of the licensing authority shall be obtained.

  21.              Any alteration or addition to the electrical installation during the currency of the licence shall be in accordance with current IEE Regulations and re-inspected and tested and a copy of the certificate of inspection sent to the licensing authority on completion of the works.

  22.              All electrical sockets available for use by performers for their equipment shall be protected with a residual current device sensitive to tripping currents of not more than 30 milliamps.  This shall be achieved by either the provision of a protected circuit or as part of the socket outlet.

  23.              The clientele will not cause any disturbance when leaving the premises and the DPS will monitor the situation and will undertake such preventative measures as prove necessary.

  24.              Children will not attend any event at the Hall when not accompanied by adults or as members of organisations under the supervision of appropriate adults.

  25.              Door supervisors will be employed when notified in writing by the Local Authority or Police.  This condition does not prevent the Designated Premises Supervisor from employing suitably registered door supervisors if he/she identifies the need to do so.

  26.              The capacity for the main hall has been set as 200 persons and this will not be exceeded.

Premises Plans

• Plan - Netherton Club Hall - Page 1 of 1