All Hat but no Cattle

34 Queen Street, SEATON, Devon, EX12 2RB

Completed application 052979 which is a Cancellation/Surrender for Premises Licence from 08/11/2017 to 12/11/2021

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.              CCTV will be installed, operated and maintained to the satisfaction of the Licensing Authority and Chief Officer of Police.

  2.              Images will be retained for a minimum of 21 days copies of which will be supplied to the Licensing Authority or Police upon request.

  3.              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.

  4.              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.

  5.              All signs must comply with the requirements of the Data Protection Act 2002.

  6.              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.

  7.              A challenge 21 notice will be displayed at the premises.

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

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

  10.              The licence holder will implement a sensible drinking policy and avoid irresponsible promotions such as happy hours to prevent crime and disorder. 

  11.              The licence holder will undertake ongoing risk assessments and adhere to guidance on fire precautions and safety in pubs to address public safety concerns. 

  12.              The licence holder will take steps to be pro-active and considerate to help prevent public nuisance.

  13.              The licence holder will discourage patrons from bringing children into the premises as it will predominantly be an adult environment.  If asked to bring in a child they must be seated and under supervision at all times.

  14.              A notice will also be displayed stating that drug use and violent/anti-social behaviour will not be tolerated on the premises.

  15.              Information will be displayed on the premises explaining what a unit of alcohol is and how it translates in practical terms to the drinks sold, together with information about the risks of drunk driving and chronic drinking.

  16.              All beer or cider will be available in half pints.

  17.              Wherever possible toughened glassware will be used. 

  18.              Customers who appear to be intoxicated will not be served and asked to leave. 

  19.              An incident book will be kept to log any refusals on the basis of no proof of age, intoxication or anti-social behaviour. 

  20.              The licence holder will conduct ongoing Health and Safety risk assessments to identify and deal with hazards that might involve tripping, manual handling, electric shock, hazardous substances etc.

  21.              The licence holder will conduct ongoing fire risk assessments.

  22.              A log book will be maintained to show that regular checks have been carried out to ensure smoke alarms and electrical appliances are all working properly.  Staff will be advised of the findings from any risk assessments, the notes for which will be left behind the bar for reference.

  23.              Regular staff will be asked to undertake first aid and fire safety training so they are aware of potential hazards and what to do in emergencies. 

  24.              Noise will be kept to a minimum.  There will be no kitchen extraction fans and all deliveries or rubbish disposal will take place during daytime hours.  Staff will be made aware of the above policies during training.

  25.              Notices will be posted at the door asking patrons to leave quickly and quietly.

  26.              No activities will take place on the premises which might give concern to children's safety (e.g. no adult entertainment or gambling) and a Challenge 21 policy will be in place. 

  27,              No children will be permitted in the premises unless accompanied by a responsible adult.  Ready to drink bottles of Alco-pops will not be sold.

•  

  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.