East Devon District Council

English House

Fair Oak Close, Exeter Airport Business Park, EXETER, Devon, EX5 2UL

Completed application 056682 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 16/07/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• 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.

   

   

• ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  A personal Licence holder or the Designated Premises Supervisor will be on the premises at all times .

  STAFF TRAINING

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

   

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

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

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

  4.              Recognising the signs of drunkenness

  5.              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

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

   

  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.

   

  REFUSALS REGISTER

   

  An alcohol sales refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused. The register will include:

   

  1.              the date and time of refusal

  2.              the reason for refusal

  3.              details of the person refusing the sale

  4.              description of the customer

  5.              any other relevant observations.

   

  The refusals register will be made available for inspection and copying on request of an authorised officer of a responsible authority.

   

  All entries must be made within 24 hours of the refusal.

   

  All deliveries of alcohol shall be delivered to a premise with a valid post code.

  A written record shall be kept of all sales and the address of all deliveries.

  Company policy shall be that only one person will be permitted to collect purchases from the van upon receipt of delivery.

  ONLINE SALES

   

  Alcohol can only be ordered for delivery to a residential or business address and not to a public place.

   

  Alcohol can only be ordered for delivery to the person placing the order.

   

  Full address details, including postcode, must be given when placing an online order for alcohol.

   

  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.

   

  Customers will be reminded that it is a criminal offence for a person under 18 to purchase or attempt to purchase alcohol and that it is also an offence to purchase alcohol on behalf of a person under 18.

   

  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.

   

  Drivers will not deliver alcohol to any person anywhere other than at the residential address given when the order was placed.

   

  Alcohol will only be delivered to the person who placed the order and whose name appears on the credit/debit card (if used).

   

  Alcohol delivery will be refused if the driver considers the person receiving the delivery to be under the influence of alcohol or drugs.

   

  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.

   

  Alcohol delivery will be refused if the delivery driver believes that the alcohol was purchased on behalf of another person who is not 18 years or older.

   

  When executing a delivery of alcohol only pre-ordered alcohol may be carried by the delivery vehicle.

   

  CHALLENGE 25

   

  There will be in place a written 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 documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18.

• 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 RED HASHED area marked on the plans submitted to and approved by the Licensing Authority.