Exewake Barge

River Exe Estuary, OS Ref: SX9653081503, EXMOUTH, Devon

Completed application 045856 which is a New Application for Premises Licence from 30/03/2018 to indefinite

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.              As Exewake is a seasonal business, the premises will only be open from 1st March to 30 November each year.  

  2.              The Licence Holders will put in place strong management controls including effective staff training so that staff working for Exewake are aware of the premises licence and understand their responsibility in meeting the four licensing objectives with particular focus on: 1) not selling alcohol to underage people 2) not permitting drunk and disorderly behaviour on the premises 3) ensuring no violent or anti-social behaviour 4) ensuring no harm to children.

  3.              The Licence Holders will clearly communicate to staff the operating schedule with regards to the hours of operation and permitted licensable activities during those hours.

  3.              Staff will be trained in asking customers to use premises in an orderly, respectful and safe manner.  To demonstrate this, training records will be retained for at least 12 months and made available for inspection by officers of both the Licensing Authority and the Police.   

  4.              When organising a planned event tickets will be sold to limit the number of attendees in order to prevent overcrowding.

  5.              Alcohol kept on board the barge will be securely stored and not accessible to members of the public.

  6.              An incident book will be maintained and updated with full details of occurrences of disorder and refused alcohol sales.   This book will be kept on the premises at all times and will be made available for inspection by officers of both the Licensing Authority and the Police.

  7.              All visitors to the Exewake barge will be provided with buoyancy aids and they will be encouraged then to wear them at all times.

  8.              All visitors will be given the option to be driven to and from the barge in a skippered Exewake boat.in accordance with our Health & Safety policy.

  9.              A first aid box is kept at the barge and maintained with sufficient stock and our senior staff will be trained first aiders. 

  10.              All parts of the barge and all fittings and equipment within it will be maintained in good order and in a safe condition.

  11.              Staff will be trained to ask customers to keep noise to a minimum when they are taken ashore following an evening event. 

  12.              Stock necessary for the operation of the business will only be taken out to the barge at times which prevent nuisance and disturbance to residences at Exmouth Marina. 

  13.              Customer accessible waste bins will be provided on the barge during planned events customers will be asked not to throw anything over the side of the boats / barge in order to prevent waste entering the estuary. 

  14.              Waste will be removed from the barge and disposed of in the appropriate manner (recycled where possible) back on shore.

  15.              The Licence Holders will adopt the strategy of "Challenge 25" by making sure that every person attempting to buying alcohol, who looks under the age of 25, is challenged to produce a valid ID.   To do this we will: 1) Train staff on who to challenge and how and keep training records accordingly. 2)              Only accept ID in the form of Passport, Photo Driving Licence or Government Approved PASS card. 3) Display a "Challenge 25" poster at the Exewake barge to deter underage drinkers and also act as a back-up for staff. 4) Support staff by making sure that their decisions to challenge are backed up and not undermined. 5)              Keep a record at the barge of failed attempts by those under 25 to buy alcohol and communicate these to all staff.

•  

  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.