East Devon District Council

Eatery (The)

Cross Lane, SIDMOUTH, Devon, EX10 8AE

Completed application 055201 which is a New Application for Premises Licence from 15/03/2023 to indefinite

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 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

   

  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 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 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

  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.

  Alcohol and soft drinks for takeaway will be served in plastic glasses only, alongside cans - no glass bottles will be offered to customers. Those choosing to sit inside will be permitted glass.

  All bottles and glasses will be removed from public areas as soon as the contents have been drunk or are empty. Bottle bins for collection or empty bottles will not be accessible to members of the public.

  We have a capacity limit of 25 to prevent overcrowding which could lead to crime and disorder.

  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.

   

  All-inclusive nights or other irresponsible drinks promotions will not be permitted.

  Crime prevention notices will be displayed warning customers of the possibility of crime which may target them, e.g. “Bags should not be left unattended”, “Watch out for Pickpockets”. A detailed “Customer Code of Conduct” poster will be conspicuously displayed warning customers that if they act in an inappropriate manner they could be barred from all licensed premises in the vicinity.

  The Premises Licence Holder will sign up to the Pub Watch scheme (where one exists)

  A Personal Licence holder will be at the premises at all times when alcohol is being sold or regulated entertainment is being provided. All staff will be trained by the Personal Licence holder.

  Food will be available at all times when the premises are open.

  A suitable Fire Risk Assessment will be in place at the premises and necessary control measures will be implemented. All exit doors are easily operable without the use of a key, card, code or similar means. Exit doors are regularly checked to ensure they function satisfactorily. Records of all these checks are kept and can be produced on request.

  The dining room and the cooking areas will have fire extinguishers and relevant fire blankets.

  Step and stair edges are appropriately highlighted so as to be conspicuous. Access is provided for emergency vehicles and kept clear and free from obstruction at all times. Adequate arrangements exist to enable the safe movement within the premises of disabled people and their safe evacuation in the event of an emergency.

  Adequate and appropriate First Aid equipment and materials are available on the premises. At least one suitable trained First Aider will be on duty when the public are present. If more than one First Aider is present, their respective duties will be clearly defined. First Aiders are trained to deal with drug and alcohol related problems.

  In the absence of adequate daylight suitable and sufficient artificial lighting is provided and maintained in any area accessible to the public.

  Free drinking water will be available at all times when the premises is open to the public and taps are labelled as such.

  The Premises Licence Holder will operate a complete no smoking policy at the premises.

  Noise or vibration from the premises will be maintained at a level that will not be audible at the façade of any neighbouring noise sensitive premises.

  Disposal of empty bottles into waste receptacles outside the premises will not be permitted to take place between the hours of 23:00 hrs and 07:00 hrs to minimise disturbance to nearby occupiers.

  Refuse receptacles are cleaned with disinfectant at least weekly.

  Flashing / bright / flood lights used outside the premises and any security or access lighting installed will not be operated so as to cause a nuisance to nearby occupiers.

  The premises has a waste collection contract with Viridor who remove waste.

  Staff undertake a litter pick to a distance of 15 metres around the premises daily.

  Alcohol is placed in the fridge and at a level which is out of sight to minors.

• 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.