East Devon District Council

Cork Pages CRU LTD

13a Albion Street, EXMOUTH, EX8 1JL

Completed application 055329 which is a New Application for Premises Licence from 28/03/2023 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 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

  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, underage 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. 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 shop

  iii. All ejections of patrons

  iv. Any complaints received

  vii. 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.

  There will be no consumption of any alcohol for sale on site. 

  There shall be no alcohol sold to any customer if they are drunk.

  There shall be a personal licence holder available/ on duty at all times when the premises are authorised to sell alcohol.

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

  No licensable activities shall take place on the premises outside of the conditions agreed with the licensing authority. 

  This is a small shop and there will be few people on site at any time, all sales of alcoholic beverages would be for consumption away from the premises.

   

  Public Safety

  A suitable risk assessment would be in place to promote public safety in the retail shop.

   

  Prevention of Public Nuisance

  Steps would be in place to promote prevention of public nuisance in the retail shop.

  Deliveries or any other activity other than retail would take place in normal trading hours.

  Customers would be encouraged to take their purchase home and gift wrapped.

  Prominent and clear notices would be displayed of any business activities and a dialogue encouraged with local businesses and residents to prevent public nuisance.

   

  Protection of Children from Harm

  Proof of Age Scheme

  All bar staff, supervisors and managers must be trained in the legality and procedure

  of alcohol sales, using the SWERCOTS on-line training pack (or equivalent), prior to

  undertaking the sale of alcohol and Training shall be signed and documented.

  Training records must be kept on the premises and be made available for inspection and copying to an authorised officer of a responsible authority on request.

  The documentation relating to training should extend back to a period of three years and should specify the time, date and details of the persons both providing the training and receiving the training.

  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.

  The premises shall display prominent signage indicating that a Challenge 25 scheme is in operation.

   

  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.

   

   

   

• ANNEX 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.