East Devon District Council

Exmouth Parade Mini Market

5 Parade, EXMOUTH, Devon, EX8 1RS

Completed application 055226 which is a Cancellation/Surrender for Premises Licence from 24/11/2021 to 08/02/2023

Applicant(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

   

  No alcohol or tobacco will ever be purchased from sellers calling at the premise. Exceptions to the condition would be purchases made from authorised representatives who have made prior appointments to visit the store.

  All alcohol and tobacco products sold at the premises shall have the relevant UK duty paid.

  Foreign tobacco, which does not comply with relevant UK legislation, shall not be stored and/or sold at the premises.

  Invoices, or copies of invoices, for all alcohol and tobacco purchases for the sale at the premises, will be retained and kept at the premises, and made available to officers from all Responsible Authorities on request.

  If any tobacco products purchased for or on behalf of the business does not have UK Duty Paid fiscal mark or are otherwise suspicious, the licensee and/or designated premises supervisor shall notify the supplier to Council Trading Standards and HMRC as soon as possible.

  All staff, who are not personal licence holders, 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, 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 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.

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

  All public areas of the licensed premises including entry and exit points will be covered, including any outside areas under the control of the premises licence holder.

  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.

  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.              Any faults in the CCTV system

  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.

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

  At any time when there is no Personal License holder on the premises there must be at least one member of staff on duty inside the premise who has been authorised by the DPS.

  All Records shall be retained at the premises for a period of no less than 12 months and made available to responsible authorities on request.

  A Fire risk assessment will be carried out and updated on an annual basis.

  Prominent signs will be displayed requesting customers to have regard for local residents when leaving.

  The premises adequate bins are available for customers to dispose of litter.

  A Challenge 25 policy will be adopted in order to reduce the potential for underage sales of age restricted products including alcohol. If a customer appears to be under 25 years of age and cannot prove that they are eligible to purchase the age restricted item with a valid UK or Ireland Photo card Driving Licence, a valid Passport or PASS accredited proof of age scheme card, they will be refused service.

  Challenge 25 posters will be displayed at the premises to reinforce this policy. Posters will be placed at; each till, each area alcohol is stocked and at the point of entry into the store. The posters will be displayed prominently and in sight of customers and staff.

  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

   

  Between the hours of 00:00 - 0400, Monday to Friday, ONE SIA Security Staff will be employed to control and monitor customers’ entry and exit at the premises, the SIA Security Officer’s sole duties will be security and they shall be on duty in addition to at least ONE other member of staff.

   

  Between the hours of 00:00 - 04:00, Saturday and Sunday, TWO SIA Security Staff to control and monitor customers’ entry and exit at the premises the SIA Security Officer’s sole duties will be security and they shall be on duty in addition to at least TWO other members of staff.

   

  The following details for each door supervisor will be contemporaneously entered into a register kept for that purpose:

  i.              Full name

  ii.              SIA licence/badge number, and registration number of any accreditation scheme recognised by the Licensing Authority (including expiry date of that registration or accreditation)

  iii.              The date and time they began their duty

  iv.              The date and time they completed their duty

  v.              The full details of any agency through which they have been allocated to work at the premises if appropriate

  The register shall be available for inspection and copying at all reasonable times by an authorised officer of a responsible authority.

  The register shall be kept at the premises at all times and be so maintained as to enable an authorised officer to establish the particulars of all door supervisors engaged at the premises during the period of not less than 12 months prior to the request.

• 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 plan deposited with and approved by the Licensing Authority.