East Devon District Council

Moores Newsagents and Convenience Store

28 The Strand, EXMOUTH, Devon, EX8 1AQ

Completed application 055151 which is a New Application for Premises Licence from 09/03/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• 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

   

  Prevention of crime and disorder

   

  CCTV

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

   

  All public areas of the licensed premises including entry and exit points will be covered, including the area immediately outside the premises.

   

  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 28 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.

   

  STAFF TRAINING

  All staff 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 12-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.

   

  INCIDENT LOG

  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 at or immediately outside of the premises

  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.

   

  DOOR SUPERVISORS

  At any time when alcohol is offered for sale at the premises, the DPS will risk assess the need for Door Supervisors to be employed. Consideration should be given to any events in the Local area.

   

  NATURE OF ALCOHOL SALES

  No super-strength beer, lagers, ciders or spirit mixtures of 6.0% ABV (alcohol by volume) or above shall be sold at the premises, except for premium beers and ciders supplied in glass bottles.

   

  No single cans of beer, lager, cider or spirit mixtures shall be sold at the premises.

   

  Customers shall not be allowed inside the shop after 12 midnight each day After 12 midnight, customers will only be served through a serving hatch until closing time.

   

  The premises shall operate an alcohol refusals policy - alcohol will not be sold to;

  (1) Any person recognised or identified as a street drinker (regardless of their level of inebriation at the time);

  (2) Any person found to be drinking alcohol in the street;

  (3) Any person who is drunk or appears to be drunk;

  (4) Any person suspected of trying to buy alcohol for another person who is drunk or appears to be drunk;

  (5) Any person unable to provide valid ID when requested by staff;

  (6) Any person who is verbally or physically abusive towards staff or customers.

  (7) To any person suspected of trying to buy alcohol for another person(s) who may be under age.

   

  A notice advising customers of the refusals policy shall be on display.

   

  Spirits will be kept behind the counter.

   

  The PLH and staff will be vigilant and monitor the area immediately outside the shop to check that youths are not causing annoyance by congregating.

   

  Prevention of public nuisance

  Deliveries to the premises will be arranged so as not to cause will not lead to any public nuisance.

   

  Notice(s) shall be on display in the premises asking customers to leave the premises quietly and not to congregate outside the shop.

   

  Staff will monitor the area immediately outside the premises on a regular basis to check for, and to properly dispose of, any litter from the premises.

   

  Protection of children from harm

   

  CHALLENGE 25

  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.

   

  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:

  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.

   

  A notice shall be displayed in the premises where it can be seen clearly to advise customers that it is unlawful for persons under 18 to purchase alcohol or for any persons to purchase alcohol on behalf of a person under 18 years of age.

   

   

   

• 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 PINK on the plans submitted to and approved by the Licensing Authority.