East Devon District Council

Ventons Devon Cyder

Willis Cottage, Clyst St Lawrence, Cullompton, Devon, EX15 2NL

Completed application 048321 which is a New Application for Premises Licence from 11/04/2019 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 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.

  3.              (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

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  All staff engaged in licensable activity at the premises will receive training and information in relation to the following:

  i. The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

  ii. The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached

  to the licence.

  iii. How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

  iv. The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or

  appears to be making a proxy purchase.

  vi. Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

   

  An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent

  details:

  i. Any incidents of disorder or of a violent or anti-social nature

  ii. Any crimes reported to the Police

  Records must be completed within 24 hours of any incident, and will contain the time and date, the nature of the incident,

  the people involved, the action taken and details of the person responsible for the management of the premises at the time

  of the incident.

  The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying

  upon request of an authorised officer of a responsible authority.

   

  The proposed licensed premises will be kept securely locked when unattended.

   

  Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12 month intervals.

   

  Training records shall be made available for inspection and copying at reasonable times upon request of an authorised

  officer of a responsible authority.

   

  Training records will be retained for at least 12 months.

   

  The proposed licensed premises is currently registered with Exeter & East Devon District Council EHO and has a rating of 4.

   

  The business complies with the EHO requirements and recommendations to ensure public safety in health & safety terms.

   

  There is safe access and egress to/from the premises, along with fire extinguishers and a water hose system in case of fire.

   

  The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to

  the licence will be adhered to.

   

  The location of the premises and type of sales we intend to make, which will be primarily by

  prior arrangement or appointment will mean their will be no public nuisance risk. There will be no disruptive noise, traffic,

  waste or disturbance issues arising from the licensable activities.

   

  There will be in place an age verification policy in relation to the sale or supply of alcohol, which will specify a Challenge 25

  proof of age requirement. This means that staff working at the premises must ask individuals who appear to be under 25

  years of age, attempting to purchase alcohol, to produce identification. The only acceptable identification documents will

  be:

  - A photo driving licence

  - A passport

  - An identification card carrying the PASS hologram

  Unless such identification is produced the sale of alcohol must be refused.

  This policy will include steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18.

  Special instructions will be added to courier delivery labels at point of order with the courier to highlight and emphasise

  awareness and the importance of these requirements.

   

  ONLINE SALES

   

  On our website a "Confirm you are 18" button will be added to permit access to further areas of our website.

   

  At the time an online order for alcohol is placed, a declaration will be required from the person placing the order that the

  person is over 18 years of age.

   

  All licence conditions pertaining to the online sale of alcohol must be part of the ‘Terms and Conditions’ which must be

  displayed on the website or any other promotional material and expressly brought to the attention of the buyer at the time

  of ordering, in particular the right and obligation of the driver to refuse delivery in specified circumstances.

   

  If a delivery driver considers the recipient of alcohol to appear under 25, recognised photographic identification (refer to

  mandatory conditions) will be requested and must be provided evidencing the recipient to be at least 18 years of age

  before any alcohol is handed over.

   

   

   

   

• ANNEX 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.