Sidmouth Rugby Club Ltd

Blackmore Field, Heydons Lane, SIDMOUTH, Devon, EX10 8NJ

Completed application 043253 which is a Change of Supervisor for Premises Licence from 11/08/2009 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

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  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.

  7.              (a)              Admission of children (under the age of 18) to any exhibition of films must be restricted in accordance with the film classification applied by the body designated as the authority under Section 4 of the Video Recordings Act 1984.

  (b)              Where the film classification is not specified or where the Licensing Authority notifies the licence holder that Section 20(3) (b) applies to the film in question, admission of children must be restricted in accordance with any recommendations made by the Licensing Authority.

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  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              The principal use of the premises must be and shall remain that of a Private Members Club.

  2.              Access to the premises by non-members must be limited by the application of the club rules as set by the General Management Committee.

  3.              The maximum occupancy figures for the premises must not exceed 280 persons. This is the figure previously agreed with the licensing authority and the Devon Fire and Rescue Service.

  4.              The club's bar manager and staff must monitor the number of people in occupation at anyone time by way of a head count.  In the unlikely event that this figure is reached the bar manager and staff must ensure that no further persons are admitted.

  5.              The club must have a pro-active policy to promote responsible drinking by its members and customers.

  6.              The club must check the age of all those individuals who appear to be under the age of 21 attempting to purchase alcohol.  The only type of identification that will be accepted is PASS accredited ID, passport or photo driving licence.

  7.              The club must prominently display signs explaining that any person who appears to be under the age of 21 years attempting to purchase alcohol will be asked for I.D.

  8.              An incident book must be maintained within which full details of all occurrences of disorder and refused alcohol sales at the premises must be recorded.  The incident book must be kept on the premises at all times and must be made available for inspection by officers of both the Licensing Authority and the police. 

  9.              Soft drinks must be available when the bars are open and free water must be provided on request.

  10.              The club must not run irresponsible drinks promotions or operate "Happy Hours" or similar promotions.

  11.              Patrons must be provided with and required to drink from plastic glasses in all outside areas during match days.

  12.              The club must display prominent signs at all exits requesting patrons to leave the premises and surrounding area in an orderly manner.

  13.              The electrical system at the premises, including portable appliances must be inspected and tested annually by a competent person and a satisfactory safety report obtained.  A competent person will be a suitably qualified electrician who is registered with the ECA or NICEIC.

  14.              The Gas System, including appliances, must be inspected annually and tested by a Gas Safe Registered engineer and a satisfactory Gas Safety Certificate must be obtained.

  15.              All safety certificates and inspection reports must be kept on site and made available for inspection by officers of relevant statutory bodies.

  16.              The club must maintain an accident report book on the premises.

  17.              An adequate and appropriate supply of First Aid equipment and materials must be available on the premises.

  18.              The sanitary accommodation consists of Female WCs x4, Male WCs x 3, Male urinals x 6, Male WHBs x 3, Female WHB's x 3. Disabled toilets and WHB x1.

  19.              The fire safety measures with which the premises are provided must be maintained in good working order, and their adequacy will be determined on a regular basis, by the carrying out of a fire risk assessment as required by, and in accordance with the Regulatory Reform (Fire Safety) Order 2005.

  20.              The club must ensure that all external doors and windows are kept shut, other than for access and egress, in all rooms when events involving amplified music or speech or other entertainment are likely to give rise to noise.

  21.              The premises events manager must assess the potential noise levels before, during and after events to ensure that noise levels are not excessive.

  22.              An announcement must be made prior to closing to inform patrons to leave the premises as quickly and quietly as possible.

  23.              The Club must implement a child protection policy and have an appointed Child Welfare Officer.   All members and coaches who have contact with children must be CRB checked.

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

   

  1.              Membership of the Local Licensees Association must be maintained and the licence holder or their representative must attend meetings and participate in all relevant initiatives.

  2.              Where outside areas are provided for the use of patrons facilities for the depositing and the collection of litter must be maintained.

  3.              The club must ensure that staff regularly patrol the premises both indoors and out to supervise the orderly conduct of patrons.

  4.              Bottle skips and bins containing cans or bottles must not be emptied outside the premises between the hours of 10.00 pm and 07.00 am on any day.

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  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.