East Devon District Council

Brook Kitchen

60 High Street, BUDLEIGH SALTERTON, Devon, EX9 6LW

Completed application 043351 which is a New Application for Premises Licence from 22/03/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• 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.              Staff will be vigilant in preventing the use and sale of illegal drugs in the retail area.

  2.              Clear and conspicuous notices warning of potential criminal activity, such as theft that may target customers will be displayed.

  4.              Custom will not be sought by means of personal solicitation outside or in the vicinity of the premises.

  5.              Staff will be trained in asking customers to use the premises in an orderly and respectful manner.

  6.              Internal and external lighting will be fixed to promote the public safety objective.

  7.              Any lighting on or outside the premises will be positioned and screened in such a way so as to not cause a disturbance to nearby residents.

  8.              Staff will be trained in the adherence to environmental health requirements.

  9.              A log book or recording system shall be kept upon the premises in which will be entered particulars of inspections made, those required to be made by statute and information compiled to comply with any public safety condition attached to the premises licence that requires the recording of such information.

  10.              The log book shall be kept and made available for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.

  11.              All parts of the premises and all fittings and apparatus therein, door fastenings and notices, lighting, heating, electrical, air condition, sanitary accommodation and other installations, will be maintained at all times in good order and in a safe condition.

  12.              The premises will have noise reduction measures to address the public nuisance objective.

  13.              Prominent clear and legible notices will be displayed at the exit requesting the public to respect the needs of nearby residents and to leave the premises and the area quietly.

  14.              Deliveries of goods necessary for the operation of the business will be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.

  15.              The Licensee will ensure that staff who arrive early morning or depart late at night (e.g.; for unpacking, pricing newly delivered goods) when the business has ceased trading, conduct themselves in such a manner to avoid causing disturbance to nearby residents.

  16.              Customers will be asked not to stand around loudly talking in the street outside the premises.

  17.              Customers will not be admitted to premises above opening hours.

  18.              Bottles will not be disposed of outside of the premises before 8am or after the premises closes (the terminal hour).

  19.              Adequate waste receptacles for use by customers will be provided in the local vicinity.

  20.              The Premises will adopt a Challenge 25 policy. The only acceptable forms of ID will be Passport, Photo Driving Licence or Government approved PASS Card.

                The premises will provide clear “Challenge 25’ information to prevent the supply of alcohol to under-age drinkers.

  21.              A “Challenge 25” sign will be displayed which is a retailing strategy that encourages anyone who is over 18 but looks under 25 to carry acceptable ID if they wish to buy alcohol.

  22.              No minors unaccompanied by an appropriate adult will be permitted after 6.00 pm.

  23.              No person carrying open vessels containing alcohol will be admitted to the premises at any time.

  24.              No customers will be permitted to take open vessels containing alcohol from the premises.

•  

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

                             

  1.              When music is being played all windows and doors are to be kept shut save those used for access and egress of patrons on arrival or leaving the premises.

  2.              All sales of alcohol to be ancillary to the sale of food purchases.

  3.              A noise limiter must be installed, the levels of which should be set by EDDC Environmental Health.

  4.              An exchange of mobile phone numbers, contact details between the occupants of the first floor flats and the Premises Licence Holder so that licensing related issues and noise nuisance can be dealt with as soon as possible.

  5.              There shall be only four (4) smokers permitted on the pavement outside of the premises at any time. No alcohol to be taken outside of the premises.

•  

  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.