East Devon District Council

Bar Buoy

43 St Andrews Road, EXMOUTH, Devon, EX8 1AR

Premises Licence PLWA0894 from from 08/07/2021 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• 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

   

  To promote all four licensing objectives the licence holder will put in place strong controls to ensure that all the business systems, including ordering, production and distribution, meet the four licensing objectives with particular focus on:

  1) not selling alcohol to underage people

  2) ensuring no harm to children

  3) preventing public nuisance

   

  The licence holder will carry out business functions and operate the business with a purpose of promoting these objectives and will support these objectives through operating schedules and systems.

   

  In order to discourage members of the public from attempting to purchase alcohol directly from the premises, the address of the premises will not be advertised publicly and only noted when there is a legal business requirement to do so.

   

  Any attempts of members of the public to attend the premises to purchase alcohol will be noted in an incident book which will be maintained and updated with full details of occurrences of disorder and refused alcohol sales.

   

  This book will be kept on the premises at all times and will be made available for inspection by officers of both the Licensing Authority and the Police.

   

  Orders will only be taken for delivery to a residential or business address and not to a public place.

  In order to maintain public safety, customer age confirmation will be obtained when an order is placed online. The website will also display a message which advises that a signature and proof of age may be required at the time of delivery.

  When cocktails are produced and bottled, measuring equipment will be used and a full ingredients list and ABV% included on the packaging.

  Strict hygiene standards will be maintained throughout the process.

   

  Cocktail recipes will be created and stored so that anyone mixing the cocktails will have clear instructions to follow.

   

  Ingredients will be clearly labelled and stored away from any domestic products to avoid cross contamination.

  Alcohol sales will not take place in person at the premises. All orders will be accepted either online or over the telephone.

   

  When the orders are ready to be dispatched, a courier company will be booked.

   

  Courier collections will only take place during daytime hours of 07:00 and 20:00 to avoid disturbance to nearby properties.

   

  As well as age confirmation being obtained during the online ordering process, age may also be checked at the time of delivery.

   

  UK wide delivery will be carried out by a courier company that is permitted to carry alcohol.

   

  All parcels dispatched that contain alcohol will be sent by means of a 'signed delivery' where the person signing may be asked to prove their age.

   

  Local delivery may, on occasion, be carried out by our own staff in our own vehicles and should this happen, staff will be trained to ask for proof of age if recipient looks under 25 years old. We will only accept ID in the form of:

                       Passport

                       Photo Driving Licence or

                       Government Approved PASS card

   

  Delivery staff will be over 18 years old and delivery will only take place between 8am and 9pm.

   

  We will keep a record at the premises of failed attempts by those to accept the delivery of alcohol.

   

  A record of all orders will be kept for a minimum of 12 months and will include full name and address of purchaser as well as time and date details of the delivery.

   

• 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 plan submitted to and approved by the Licensing Authority.