East Devon District Council

Dream Glamping

Tank Field, South Farm, BUDLEIGH SALTERTON, Devon, EX9 7AY

Completed application 053445 which is a New Application for Premises Licence from 07/07/2022 to 31/08/2022

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• an exhibition of a film

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

   

  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. Recognising the signs of drunkenness.

  v. The operating procedures for refusing service to any person who is drunk, underage 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.

   

  Training shall be recorded in documentary form and shall be regularly refreshed at no greater than weekly 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.

  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. All crimes reported to the venue, or by the venue to the police

  iii. All ejections of patrons

  iv. Any complaints received

  v. Seizures of drugs or offensive weapons

  vi. Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.

  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.

   

  Open containers of alcohol shall not be removed from the premises.

   

  Customers will not be permitted to remove from the premises any drinks supplied by the premises (alcoholic or otherwise) in open containers.

   

  There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol.

   

  All alcohol on display will be in such a position so as not to be obscured from the constant view of the cashier / staff.

   

  There shall be no self-service of alcohol on the premises.

   

  Retail sale of alcohol shall only take place from a fixed bar, no mobile dispense sales will take place.

   

  A written drugs policy shall be in place and operated at the premises. It must detail the actions taken to minimise the opportunity to use or supply illegal substances within the premises. The policy must be made available for inspection and copying upon request by an authorised officer of a responsible authority.

   

  A structured training programme surrounding substance misuse will be in place. Training will be undertaken at (regular intervals) for all staff that deal with persons who are in the possession of/or incapacitated through the use of drugs or the combined effect of drugs and alcohol.

   

  Records will be maintained detailing the time and date of substance misuse training, the people who received the training, and the name of the person delivering the training.

   

  Records will be available for inspection by an authorised officer of a responsible authority at all reasonable times. The records will be retained for at least 12 months.

   

  There must be at the premises a lockable drugs safe to which no member of staff, save the DPS shall have access. All controlled drugs (or items suspected to be or to contain controlled drugs) found at the premises must be placed in this safe as soon as practicable. Whenever this box is emptied, all of its contents must be given to the police for appropriate disposal.

   

  Where a drug safe is available on the premises to deposit finds there will be in place a clear policy for the handling and packaging of seized items.

   

  A clear and legible notice must be prominently displayed at all entrances to the premises advising those attending, that the Police will be informed if anyone is found in possession of controlled substances or weapons.

   

  Appropriate security arrangements will be in place including toilet areas and other similar areas being regularly checked for evidence of drugs. The date and times of all checks will be recorded in a register kept for that purpose and be available for inspection and copying on request of an authorised officer of a responsible authority. Signage shall also be prominently displayed in the toilet areas advising patrons that checks are conducted regularly.

   

  A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours.

   

  Clear and legible notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and to leave the vicinity as quickly and quietly as possible.

   

  Clear and legible notices shall be prominently displayed at the entrances to the premises advising that if patrons cause any disturbance or disorder admission will be refused as a result.

   

  A telephone number shall be made available and displayed in a prominent location where it can conveniently be read from the exterior of the premises by the public for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons or activities associated with the premises. The telephone number will be a direct number to the management who are in control during opening hours. A record will be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call. Records will be made available for inspection and copying by an authorised officer of a responsible authority throughout the trading hours of the premises.

   

  After 23:00 hours noise levels in outside areas will be monitored and controlled to minimise any potential impact on local residents. Customers will be advised of the need to respect local residents where appropriate. Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises.

   

  Suitable receptacles will be provided for cigarette litter within the designated smoking area.

   

  The smoking bins/ash trays shall be regularly cleaned to ensure that all discarded smoking litter is removed and properly disposed.

   

  The handling of kegs, bottles, cleaning equipment, shall not take place before 09:00 hours or after 23:00 hours.

   

  No deliveries (in relation to licensable activities) to the premises shall take place between 21:00 and 07:00.

   

  All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting and lockable lid.

   

  A sufficient number of suitable receptacles must be located in appropriate locations for the depositing of waste materials such as food wrappings, drinks containers, smoking related litter, etc. by customers.

   

  The use of lighting in the communal campsite areas shall cease at 23:00 hours except for health and safety or security reasons.

   

  The maximum number of persons (including staff and entertainers) allowed at the premises shall not exceed 225.

   

  The Premises Licence Holder or nominated person shall ensure that the accommodation limit(s) specified on the licence is/are not exceeded and shall be aware of the number of the people on the premises at all reasonable times. This information shall be immediately available on the request of an authorised officer of a responsible authority.

   

  In respect of temporary sanitary facilities the servicing of sanitary accommodation must take place on a continuous basis throughout the event to ensure the sanitary accommodation is kept in a usable condition at all times when the public require it to be available.

   

  In respect of temporary sanitary facilities the removal of sewage must take place hygienically and appropriately at the conclusion of the event or as required.

   

  In the absence of adequate daylight, artificial lighting in any area accessible to the public shall be fully operational whilst the public are present.

   

  No drinking vessel, glass or bottle may be taken from the premises.

   

  The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.

   

  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.

   

  The premises shall display prominent signage indicating (at any point of sale) that a Challenge25 scheme is in operation.

   

  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.

   

  Notwithstanding the mandatory condition imposed by Section 20 of the Licensing Act 2003 the exhibition of films pursuant to this licence will be restricted to films that have been classified as Universal (U) or Parental Guidance (PG) by the designated film classification body.

   

• 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 areas that are outlined in RED on the plans submitted to and approved by the Licensing Authority.