East Devon District Council

Exmouth Beach - 260m x 40m area East of Lifeboat Station

Exmouth Beach, Opposite Fox Holes Car Park, EXMOUTH, Devon, EX8 2AY

Open application 061503 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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.

  7.              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

   

  1.              Staff will be fully briefed on licensing requirements and event safety procedures.

  2.              Adequate signage, fencing and clearly marked areas will guide attendees to minimise risk.

  3.              Emergency procedures, first aid stations and security personnel will be in place.

  4.              Coordination with local authorities, police, RNLI and licensing officers to ensure compliance.

  5.              Clear communication to attendees about rules, expected behaviour and designated areas for alcohol consumption.

  6.              Welfare area for lost children.

  7.               The event will be managed in accordance with an Event Management Plan (EMP) agreed with the Police and Local Authority.  The final EMP will be submitted to the Police and Local Authority one (1) calendar month prior to the event.

  8.              SIA Door Staffing numbers to be listed in the EMP and agreed with the Police at least 6 weeks prior to the event.

  9.              SIA trained security personnel will be present at all entrances/exits and patrolling throughout the event.

  10.              Bag checks and controlled entry points will be in place to prevent prohibited items.

  11.              Alcohol will be sold only to 18 and over age, with proof of age checks (challenge 25 policy).

  12.              Spike awareness included in briefing with clear plan of action.

  13.              Ask Angela signage will be in place.

  14.              Collaboration with the local police to respond quickly to any incidents.

  15.              Incident reporting procedures for staff to act immediately on any disorder.

  16.               An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details:

                                Any incidents of disorder or of a violent or anti-social nature

                                All crimes reported to the venue, or by the venue to the Police

                                All ejections of patrons.

                                Any visits by a responsible authority (under the Liensing 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.

  17.              First aid area - staffed by qualified personel, will be available on site.

  18.              Adequate lighting, fencing and safe pedestrian pathways to prevent accidents.

  19.              Capacity limits for spectator areas and designated player zones to avoid overcrowding.

  20.              Risk assessments conducted for all activities, including rugby, netball matches, stalls and food areas.

  21.              Sound levels monitored to avoid disturbance to local residents.

  22.              Waste bins and cleaning crews to keep the site tidy and reduce environment impact.

  23.              Heras fencing will be erected around the designated site, with the relevant exit and entry points.

  24.              Event timings set to minimise noise during early morning or late evening. 

  25.              Staff to manage queues and crowd movement efficiently.

  26.              Alcohol not to be sold to minors.

  27.              Child safeguarding policy in place for staff and volunteers.

  28.              Lost child procedures clearly communicated to staff and public.

  29.               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

  30.              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 the refusal

                                The reason for the refusal

                                Details of the person refusing the sale

                                Description of the customer

                                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.

   

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

   

  Conditions yet to be entered.

   

• 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.