East Devon District Council

Palm

2 Rolle Street, EXMOUTH, Devon, EX8 1HE

Withdrawn application 049903 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• 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.

  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.

  8.              Any person used to carry out a security activity as required under any condition of this licence/certificate must be licensed or authorised to do so by the Security Industry Authority.

• ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  In general, the bar will be operated to high standards in all aspects. The very nature of the bar, the product of offer, the aesthetics, the staff and the atmosphere we intend to purvey, will set the standard of operation. The DPS and staff will ensure that all aspects of the license and licensing objectives are adhered to. The owner and DPS understand their

  responsibility in ensuring public safety and upholding law and order.

  CCTV installed and maintained throughout the premises. The CCTV will have the capability to download images and footage to hard drive, USB or DVD. Signage will be on display.

   

  2 x SIA licensed Door Supervisors employed and clearly visible on Friday and Saturday evenings 20:00 until close (and throughout the week where necessary, eg. for a special event).

   

  A zero tolerance policy will be adopted for the use of drugs and weapons in the premises. The Door Supervisor will search anyone (on CCTV) if they are suspected of carrying, concealing or using weapons or drugs. A record will be kept of all searches and seized items.

   

  Bar staff will be trained in drug awareness and the licensing objectives. Records of staff training will be kept and maintained at the premises and will be made available for inspection by Police and Licensing Authority.

   

  Anyone carrying open or sealed bottles or glasses into the premises will be refused entry.

   

  No cheap drink promotions or drinking games

   

  Free drinking water on request

  Capacity will be monitored by the DPS and especially during busier times by the Door Supervisor by use of a clicker and head count. Ejection and rejection logs will be kept.

   

  Glassware will be collected on a regular basis and breakages or spillages will be dealt with immediately.

   

  The entrance and exit will be adequately lit to ensure customer safety when entering and exiting.

   

  An accident book and first aid kit will be maintained on the premises.

   

  Outside area of the building to be maintained to a high standard

   

  We will join any night time economy initiative active in Exmouth (eg. licensing meetings)

   

  Staff will check the premises prior to opening to ensure there are no risks to customers and that all safety precautions are in place.

   

  Electrical equipment on the premises will be PAT tested and a certificate obtained.

  Customers will be made aware of closing time with a gradual change in music and lighting.

   

  Signage and staff will encourage customers to leave the premises in a quiet and respectful manner.

   

  Staff training will include how to deal with and refuse further alcohol to customers who appear intoxicated and will adopt a duty of care of how to treat and deal with those customers (offer of water, assistance with a taxi home)

  Staff will regularly patrol the premises both indoors and outdoors to supervise the orderly conduct of customers, anyone acting inappropriately or disrespectfully will be asked to leave.

   

  Challenge 25 will be in operation

   

  Children allowed on the premises up to 19.00 if accompanied by an adult. Clear signage will display this.

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Conditions yet to be entered.

   

• 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.