East Devon District Council

Exeter Athletic Rugby Club

Oil Mill Lane, CLYST ST MARY, Devon, EX5 1AF

Open application 062569 which is a Change of Supervisor for Premises Licence from 22/09/2023

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• 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.

• ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1. Training

   

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

   

  i. 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, under- age 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 6 monthly 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.

   

  2. Incident log

   

  An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details (select from the following):

  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.

   

  3. Alcohol Consumption

  Open containers of alcohol shall not be removed from the premises,

   

  4. Management Controls

  There shall be no admissions or re-admission to the premises after 23:00 hours. Alcohol sales finish at 23:00 and premises closes at 23:30 hours.

  Outside of the hours authorised for the retail sale of alcohol and whilst the premises are open to the public, all alcohol within the premises (including alcohol behind the counter) will be secured in a locked store room.

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

   

  5. Restrictions on Use of Premises

  The licensable activities authorised by this licence and provided at the premises shall be ancillary to the main function of the premises as a rugby club.

   

  6. Dispersal

  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 requesting patrons to respect the needs of local residents and businesses and to leave the vicinity as quickly and quietly as possible.

  When issues are identified approaches will be made to patrons who will be asked not to stand around talking 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 of patrons cause any disturbance or disorder admission will be refused as a result.

   

  7. Equipment and devices

  Any generator will be positioned away from residential premises and in the case of a mobile van positioned so that the vehicle acts as a screen.

  Where plant and machinery is likely to cause a noise problem it will be positioned in such a way that the building structure provides as much screening as possible for nearby noise-sensitive properties.

  The handling of kegs, bottles cleaning equipment, bottle disposal and similar items shall not take place before 11:00 hours or after 23:00 hours.

  No deliveries (in relation to licensable activities) to the premises shall take place between 23:00 hours and 08:00 hours.

   

  8. Restrictions on Outside Areas

  The premises closes at 23:30 hours

   

  9. Litter & Waste

  All waste shall be properly presented and placed out for collection.

  During the hours of operation of the premises, sufficient measures will be taken to remove and prevent litter.

  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.

   

  10. Lighting

  The use of lighting shall cease at 23:30 hours except for health and safety or security reasons.

   

  11. Lighting

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

   

  12. Glassware & Bottles

  All drinks shall be served in plastic/paper/toughened glass or polycarbonate containers.

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

  No customers carrying open or sealed bottles cans or other receptacles containing alcoholic liquor shall be admitted to the premises at any time that the premises are open to the public.

  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.

   

  13. Proof of Age Scheme

  All bar staff, supervisors and managers must be trained in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol and then at least every 6 months. Training shall be signed and documented. Training records must be kept on the premises and be made available for inspection and copying to an authorised officer of a responsible authority on request. The documentation relating to training should extend back to a period of three years and should specify the time, date and details of the persons both providing the training and receiving the training.

  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 in all areas where alcohol is located that a Challenge 25 scheme is in operation.

   

  14. 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:

  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.

   

  15. Unaccompanied Children

  Unaccompanied children under 16 will not be allowed upon the premises at any time. Accompanied children 16 will be allowed to remain on the premises between 11:00 hours and 23:00 hours.

   

  16. Till Prompt System

  All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.

   

  17. Films

  Notwithstanding the mandatory condition imposed by Section 20 of the Licensing Act 2003 (above) 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.