East Devon District Council

Finn's Devon Ltd

Unit 5, Umborne Bridge, Dolphin Street, COLYTON, Devon, EX24 6LU

Open application 061805 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.

   

   

• ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  The premises will promote the four licensing objectives through its community-focused, food-led operation, with responsible management and staff supervision at all times.

  Events involving live music will be small-scale and occasional, typically consisting of acoustic or low-level amplified performances. These will be carefully managed to ensure minimal impact on the local area.

  Although alcohol will be available on and off the premises Sunday to Wednesday: 09:00 - 16:30 and Thursday to Saturday: 09:00 - 22:30, the enforcement we will set out on the premises will not make it possible to drink on the premises until 12:00 on any day, and due to the deli closing at 16:30 off licence activities will stop then. However if customers would like to take home unfinished bottles of wine after 16:30 we will allow that under our off licence timings. We will enforce these rules as a business to achieve our licensing objectives.

  The layout and operation of the premises will support safe and orderly behaviour, with clear access and egress routes maintained.

  Staff will be trained to understand their responsibilities in relation to the licensing objectives, including the responsible sale of alcohol and awareness of potential nuisance or disturbance. 

  The premises will maintain a welcoming, family-friendly environment, where food is always available and alcohol is not the primary focus.

  Management will take a proactive approach to identifying and addressing any issues that may arise, and will work with local authorities and the community to ensure the premises operates responsibly at all times.

  The prevention of crime and disorder

  The prevention of crime and disorder will be promoted through responsible management and staff supervision at all times.

  A Challenge 25 policy will be in place for the sale of alcohol, and acceptable forms of identification (e.g. passport, driving licence, or PASS-approved ID) will be required where appropriate.

  Staff will be trained in the responsible sale of alcohol, including recognising signs of intoxication, and will refuse service where necessary.

  Any incidents of crime, disorder, or refusal of alcohol will be recorded in an incident/refusals log, which will be made available to responsible authorities upon request.

  The premises will maintain a calm, community-focused environment, with no vertical drinking or high-volume alcohol consumption encouraged.

  During occasional live music events, staff will be present to monitor behaviour and ensure the orderly conduct of customers.

  Clear signage will be displayed requesting customers to respect the premises and surrounding area.

  The premises will work with local authorities where necessary to address any issues promptly and effectively.

  Public safety

  A suitable maximum capacity will be observed at all times, particularly during occasional live music events, to prevent overcrowding and ensure customer safety.

  Clear and unobstructed access and egress routes will be maintained, and exits will be clearly identifiable and kept free from obstruction.

  Appropriate fire safety measures will be in place, including fire detection equipment and extinguishers, in line with current regulations. Staff will be aware of emergency procedures.

  Adequate lighting will be provided in all areas accessible to the public, including any external areas used during events.

  During live music events, any equipment (including small amplifiers) will be safely positioned, with cables managed to prevent trip hazards.

  The premises will be managed to ensure a safe environment for all customers, including families and children.

  The prevention of public nuisance

  The premises will operate as a food-led deli, bakery and coffee hatch, with licensable activities ancillary to this primary use.

  The prevention of public nuisance will be promoted through the careful management of noise and customer behaviour, particularly during occasional live music events.

  Live music will be small-scale and occasional, typically consisting of acoustic performances supported by a small amplifier at low volume levels appropriate to the premises.

  Sound levels will be monitored and controlled by staff to ensure that noise does not cause disturbance to nearby residents. Volume levels will be reduced if necessary.

  Where appropriate, doors and windows will be kept closed during amplified performances (except for access and egress).

  Speakers will be positioned to minimise noise breakout, and no large sound systems will be used.

  Any outdoor live music (if applicable) will be limited in frequency and duration, with earlier finishing times to reduce potential impact.

  Live and recorded music will finish at a reasonable hour, and the premises will not operate as a late-night entertainment venue.

  The premises will adopt a responsible approach to the sale of alcohol, with staff trained to recognise signs of intoxication and to refuse service to customers who appear drunk. This will help prevent excessive consumption and associated noise or disturbance.

  As a food-led premises, alcohol consumption will be ancillary to the provision of food, and no vertical drinking or high-volume consumption will be encouraged.

  Clear signage will be displayed requesting customers to leave the premises quietly and respect nearby residents, particularly in the evening.

  Staff will monitor the external area during and after events to ensure noise is kept to a minimum.

  The protection of children from harm

  The premises will operate as a deli, bakery and coffee hatch, providing a family-friendly environment where children are welcome when accompanied by a responsible adult.

  The protection of children from harm will be promoted through the responsible sale of alcohol and appropriate supervision of the premises.

  A Challenge 25 policy will be in place, and acceptable forms of identification (such as a passport, driving licence, or PASS-approved ID) will be required for anyone who appears under the age of 25.

  Staff will be trained to prevent underage sales of alcohol and to recognise when identification is required.

  Children will be appropriately supervised by accompanying adults at all times, particularly during occasional live music events.

  The premises will maintain a safe and suitable environment for families, with no activities or entertainment of an adult nature taking place.

  Any concerns regarding the welfare of children will be addressed promptly by management.

   

   

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

   

   

• 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.