Bayleaf Cafe (The)

19 The Strand, EXMOUTH, Devon, EX8 1AF

Withdrawn application 048438 which is a Variation Application for Premises Licence from 04/05/2016

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.              No open containers of alcohol will be taken from the premises other than for consumption in the external seating area marked in red on the plan.

  2.              All staff will be trained to promote the licensing objectives and a training log will be kept on premises.

  3.              The premises will maintain an incident book, to ensure any issues that occur are logged and relevant information would be kept.

  4.              The maximum number of persons in the premises at any time will not exceed 50.

  5.              A pre-opening check list will be maintained to ensure that all fire escapes are clear and that any problems with regards to public safety are rectified before the premises open.

  6.              The licence holder will carry out an annual risk assessment to identify and resolve any issues which impact on the licensing objectives.

  7.              The Designated Premises Supervisor will ensure that all staff are trained on the regulations regarding the retail of alcohol, and undertake regular ‘refresher’ sessions of the training to ensure all staff understand the importance of public safety.

  8.              All electrical appliances will be PAT tested by a registered company to ensure they are all safe to use.

  9.              A Fire Risk Assessment must carried out on the premises by a registered company prior to the licence being operated.

  10.              All gangways and accesses will be kept clear of obstructions.

  11.              All glasses and crockery will be cleared promptly from tables when vacated.

  12.              Staff will supervise the conduct of customers to ensure that no nuisance is caused to passers-by or to customers of nearby premises.

  13.              Clear and legible signs will be displayed at the exit to the premises requesting customers to leave the premises quietly.

  14.              No audio speakers or equipment will be placed or used outside the premises.

  15.              The volume of background music played inside the premises will be monitored by staff and will not cause a nuisance to passers-by or to customers of nearby premises.

  16.              All glassware will be replaced in the premises to ensure it is toughened and nucleated to prevent as much as possible any breakages of glassware.

  17.              All litter and waste will be disposed of promptly and the exterior of the premises will be kept clean and tidy at all times when the premise is open for business.

  18.              Cigarette disposal units will be installed at the exterior of the premises and will be emptied and cleansed regularly.

  19.              The premises will operate and enforce the ‘Think 25’ policy. Any person who appears to be under the age of 25 attempting to purchase alcohol must be asked for identification.

  20.              Notices informing customers that the ‘Think 25’ policy is in force will be prominently displayed in the premise.

•  

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

                             

  None

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  ANNEXE 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.