East Devon District Council

Orcombe Point Pop-Up Bar

Orcombe Point, Queen's Drive, EXMOUTH, Devon, EX8 2DH

Premises Licence PLWA0987 from from 12/08/2023 to 03/09/2023

Licence holder(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 bar will only be in use on 12 and 13 August 2023 and 2 and 3 September 2023. 

   

  The Prevention of Crime & 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.

  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 trailer.

  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.

   

  2. Incident log

  An incident log shall be kept and maintained at the trailer which will include a log of the following.

  i. Any incidents of disorder or of a violent or anti social nature

  ii. Any complaints received

  iii. 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.

   

  Two members of staff to be on duty during licensable activities. 

   

  Alcohol Consumption

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

   

  Management Controls

  There shall be a personal license holder available to contact 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.

   

  Nature of Alcohol Sales

  No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the trailer, except for premium beers and ciders supplied in plastic cups.

  There shall be no self service of alcohol on the premises.

  There shall be no self service of spirits on the premises.

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

  No miniature bottles of spirits of 20cl or less shall be sold from the premises.

  Retail sale of alcohol shall only take place from a mobile dispense bar.

   

  Public Safety

  All drinks shall be served in plastic containers. A deposit will be paid which they can claim back when returning the cup this will significantly reduce waste and rubbish

  The collection of litter shall be undertaken at regular intervals to ensure here is no build-up in and around the area.

  The Prevention of Public Nuisance

  Speakers

  No speakers for amplification of music shall be placed on the outside of the trailer.

   

  Equipment & Deliveries

  Pneumatic tyres (or equivalent) will be fitted to any moving work equipment to be used outside (e.g. bins, trolleys, roll cages etc.).

  Any moveable furniture will be fitted with rubber (or equivalent) feet.

  Regular maintenance will be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.

  Any generator will be positioned away from residential premises and in the case of a mobile van positioned so that the vehicle acts as a screen.

  Where plant and machinery is likely to cause a noise problem it will be positioned in such a way that the building structure provides as much screening as possible for nearby noise-sensitive properties.

  The handling of kegs, bottles cleaning equipment, bottle disposal and similar items shall not take place before 10am hours or after 7pm hours.

  No deliveries (in relation to licensable activities) to the trailer shall take place between 12pm and 7pm.

   

  Noise Levels

  Point of Contact

  A telephone number shall be made available and displayed in a prominent location where it can conveniently be read from the exterior of the premises by the public for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons or activities associated with the trailer. The telephone number will be a direct number to the management who are in control during opening hours. A record will be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call.

   

  During the hours of operation of the trailer, sufficient measures will be taken to remove and prevent litter and waste arising or accumulating from customers in the area immediately outside the trailer. 

  No collections of waste or recycling materials (including bottles) from the premises shall take place. All waste will be taken from site when the trailer is closed.

  The applicant will ensure there is a litter sweep in a 50 metre radius of the premises at the terminal hour. 

   

  The 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.

  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.

   

  An alcohol sales refusal register shall be kept at the trailer in diary form 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.

  Children will not be able to buy anything from the trailer.

   

• 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.