East Devon District Council

Orcombe Point pop up bar

Orcombe Point, EXMOUTH, Devon

Open application 061692 which is a New Application for Premises Licence

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

   

  The Prevention of Crime and Disorder

  1. Training

  All staff engaged in licensable activity at the trailer will receive training at the beginning of their shift in relation to the following:

  • The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

  • The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

  • How to complete and maintain the refusal register in operation at the trailer.

  • Recognising the signs of drunkenness.

  • 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.

  • Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

  2. Incident Log

  An incident log shall be kept and maintained at the trailer which will include:

  • Any incidents of disorder or of a violent or anti-social nature.

  • Any complaints received.

  • Any visits by a responsible authority or emergency service.

  Records must be completed within 24 hours of any incident and will include the time and date, nature of the incident, people involved, action taken, and details of the person responsible for management at the time.

  Alcohol Consumption

  No alcohol will be served past the terminal hour of the bar close time.

  Management Controls

  A personal licence holder shall be available to contact at all times when the premises are authorised to sell alcohol. All alcohol on display will be visible to cashier staff at all times.

  Nature of Alcohol Sales

  • No super-strength beer, lager, cider or spirit mixtures of 5.5% ABV or above shall be sold, except premium beer and cider in plastic cups.

  • No self-service of alcohol or spirits.

  • No single cans or bottles of beer, cider or spirit mixtures.

  • No miniature bottles of spirits (20cl or less).

  • Alcohol sales shall only take place from a mobile dispense bar.

  Public Safety

  All drinks shall be served in biodegradable plastic containers. Litter will be collected regularly to prevent build-up in and around the area.

  The Prevention of Public Nuisance

  • No external speakers for amplified music.

  • Noise-minimising equipment and regular maintenance of machinery.

  • Generators positioned away from residential areas.

  • No handling of kegs, bottles or waste before 10am or after 7pm.

  • No deliveries between 12pm and 7pm.

  A contact telephone number for management will be available for residents to report issues.

  Waste and litter will be managed during operation and removed when the trailer is closed, including a 50-metre litter sweep at terminal hour.

  The Protection of Children from Harm

  All staff will be trained in alcohol sales law and a written Challenge 25 age-verification policy will apply. Acceptable ID:

  • Photo driving licence

  • Passport

  • PASS hologram identification card

  An alcohol refusal register will be kept recording all refused sales. Children will not be able to buy anything from the trailer.

   

   

• 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.