East Devon District Council

Blue Ball (The)

Sandygate, EXETER, Devon, EX2 7JL

Withdrawn application 060250 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 20/05/2021

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
• the supply of alcohol
• provision of late night refreshment

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

   

  If any premises licence application should be granted to a satisfactory standard, the existing premises licence will be surrendered.

   

  The DPS will be an active member of the Pub watch.

   

  The DPS will ensure that the public using the premises at all times have access to a telephone to call a taxi and will be provided with details of telephone numbers to call a taxi when required.

   

  Non-alcoholic drinks will be available at all times whilst the premises is open to the public.

   

  There will be a 30 minute ‘drinking up time’ following the cessation of the supply of alcohol on the premises, on the expiry of which the premises will close.

   

  The external bar will only be used between the hours of 10.00 hours and 22.30 hours daily.

   

  The external bar will be supervised at all times when in use.

   

  The external bar will be inaccessible to customers when not in use to ensure they do not have access to any alcohol.

   

  CCTV

   

  The premises shall install operate and maintain a comprehensive digital colour CCTV system.

   

  CCTV will cover all entry and exit points, the internal and external bar areas, internal customer areas and the external patio immediately adjacent to the rear of the premises.

  The system must record clear images permitting the identification of individuals, and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition.

  The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

   

  All equipment must have a constant and accurate time and date generation.

   

  All recordings will be stored for a minimum period of 31 days with date and time stamping.

   

  Viewable copies of recordings will be provided on request to the Police or local authority officers as soon as is reasonably practicable and in accordance with the Data Protection Act 2018 (or any replacement legislation) a staff member from the premises who is conversant with the operation of the CCTV system, shall be on the premises at all times when the premises are open. 

   

  This staff member must be able to provide an authorised officer of a responsible authority, copies of recent CCTV images or data with absolute minimum of delay when requested in accordance with the Data Protection Act 2018 (or any replacement legislation).

   

  The CCTV system will be capable of downloading images to a recognisable viewable format. 

   

  There will be security measures in place to ensure the integrity of the system to prevent the tampering with, and deletion of, images.

  The DPS will undertake a risk assessment in relation to any night where regulated entertainment and/or sale of alcohol is provided at the premises past 23:00hrs in order to determine whether SIA door staff will be required to promote the licensing objectives.

   

  Where the risk assessment identifies the need for SIA door staff, there will be a minimum of two, these will be provided at the times deemed by the risk assessment to be appropriate in the circumstances.

   

  This risk assessment can be undertaken once in relation to a series of nights where the same entertainment is to be provided (for instance, regular Friday night discos), so long as it is revisited regularly to ensure that the risk assessment remains appropriate for that night.

   

  The risk assessment is to be in written form and kept at the premises for at least 30 days after the night or series of nights to which it relates and be made available to responsible authorities upon request.

   

  The outside of the premises will be illuminated at all times that the premises are open to use of the public.

   

  The emergency lighting with which the premises are provided shall be maintained in efficient working order and be in good operation during the whole time that the public are in the premises.

   

  The existing system must illuminate all exit signs, doorways, step and passages forming exit routes from the licensed premises and including the gardens and car park and shall be independent of the normal lighting system.

   

  Oil lamps and candles shall not be used.

   

  There will be regular collection of glassware, ashtrays form public areas of the premises throughout opening hours.

  All exit signs shall be maintained in a good state of repair.

  All rubbish produced by the premises will be stored securely in a designated area.

   

  Facilities for depositing litter and the collection of litter generated by patrons will be available and maintained where outside areas are provided for use of patrons.

   

  The will be regular collections of litter.

   

  Appropriate fire safety measures will be installed and maintained as shown on the drawings accompanying this application.

   

  The DPS/manager will undertake a weekly inspection of the public areas of the premises to identify anything might present an identifiable risk to public safety. Any risks identified that are deemed to be unreasonable must be rectified at the earliest possible opportunity.

   

  Suitable signage at the exit to request the co-operation, of patrons in particular, to make as little noise as possible when leaving the premises.

   

  Patrons will be asked not to stand around talking outside the premises or any car park and asked to leave the vicinity quickly and quietly.

   

  When regulated entertainment is provided in the external areas of the premises, noise checks will be carried out at the nearest noise sensitive property. A noise check log ('the log') of these checks will be kept and maintained at the premises.

   

  As a maximum the log will record the date and time of the check, the name of the person making the check, the sound level and if required, any action taken.

   

  The log will be made available to an authorised officer upon request.

   

  All live music will cease 30 minutes before the premises closes, and in any event no later than 2200 indoors and 2000 outdoors.

   

  Children are to be supervised by a responsible adult at all times.

   

  Children shall not be permitted on the premises after 21:00 hours unless taking part in a function or table meal, when they shall be permitted to remain on the premises until the end of that meal or function.

   

  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.

  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:

   

  i.              the date and time of refusal

  ii.              the reason for refusal

  iii.              details of the person refusing the sale

  iv.              description of the customer

  v.              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.

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

   

  All speakers used outside for amplified music or sound shall be orientated so as to face towards the pub building. 

   

• ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The licensable activities authorised by this licence must be restricted to the areas as indicated on the legend on the plans deposited with and approved by the Licensing Authority.