Arts Cafe

The Old Courthouse, Church Street, AXMINSTER, Devon, EX13 5AQ

Completed application 044660 which is a New Application for Premises Licence from 13/09/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              On a regular non-event day the Café Supervisor will be in overall control of activities taking place inside the Arts Cafe and Courtyard garden; ensuring that licensing objectives are met.

  2.              0n an event day one or more directors, or a responsible adult nominated by the director(s), will work alongside the Café supervisor and control activities taking place inside other areas of the Old Courthouse and the Courtyard garden during events; ensuring that licensing objectives are met.

  3.              One or more directors, or a responsible adult nominated by the director(s), will be on the premises from 30 minutes before the entertainment commences until 30 minutes after the entertainment ends.  Normal attendance is expected to number less than 75. When larger numbers are expected, there will be more nominated people on duty.

  4.              The Cafe Supervisor and directors will be distinctive in appearance: the supervisor will wear an apron and the directors will wear a badge.

  5.              An incident book will be kept with the first aid book and both will be maintained.

  6.              A maximum number of six events can be held between 18.00hrs - 22.00hrs each year, with at least four weeks in between each event and a maximum of two amplified outside events per week can be held between 1000hrs - 1800hrs.  These events must be held between 1st May and 30th October only each year. Any evening event between 1800hrs and 2200hrs must not follow on the same day as any of the two amplified events per week between 10.00hrs and 18.00hrs.

  7.              Whenever a temporary structure or bar is erected in the courtyard for the sale or supply of alcohol   the Licensing Authority and Police will be informed 14 days in advance with a plan showing the location in the courtyard of the structure or bar.

  8.              The licence holder must control the volume of regulated entertainment taking place at the premises, by monitoring the noise levels throughout the events and ensure that the volume is reduced sufficiently and to the satisfaction of an Environmental Health Officer of East Devon District Council.

  9.              A responsible adult will ensure that the volume of the music is not too loud.

  10.              Drinks will always be served in plastic ‘glasses’ at events.

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

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

  13.              Regular staff training will continue and will include the social and legal obligations and responsibilities regarding the sale of alcohol.

  14.              Free drinking water will always be available to customers.

  15.              The telephone numbers of local taxi companies will be displayed at the premises.

  16.              The tables will be cleared of dirty crockery and rubbish on a regular basis.

  17.              The electrical systerns and portable appliances will be checked annually.

  18.              The gas boiler and gas cooker will be checked annually.

  19.              The fire extinguishers will be checked annually.

  20.              The first aid kit will be regularly checked and maintained.

  21              Drinks will always be served in plastic ‘glasses’ at events.

  22.              The premises will adopt a Challenge 21 policy.  The only acceptable forms of ID will be Passport, Photo Driving Licence or Government Approved PASS Card.

  23.              Information/posters on our challenge policy will be displayed within the café to deter underage people from attempting to purchase alcohol.

•  

  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.