East Devon District Council

First & Last Inn (The)

10 Church Street, EXMOUTH, Devon, EX8 1PE

Premises Licence PLWA0493 from from 24/11/2005 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• provision of late night refreshment
• the supply of alcohol
• any playing of recorded music

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.

  Source: Section 19 Licensing Act 2003

  2.              (1)              The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

  (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;

  (d)              provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

  (i)              the outcome of a race, competition or other event or process, or

  (ii)              the likelihood of anything occurring or not occurring;

  (e)              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.

  Source: Section 19 & 19A Licensing Act 2003

  3.              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

  Source: Section 19 & 19A Licensing Act 2003

  4.              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

  Source: Section 19 & 19A Licensing Act 2003

  5.              (1)              The premises licence holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

  (2)              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 a holographic mark.

  Source: Section 19 & 19A Licensing Act 2003

  6.              The responsible person shall 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; and

  (b)              customers are made aware of the availability of these measures.

  Source: Section 19 & 19A Licensing Act 2003

  7.                            Any person used to carry out a security activity as required under condition 7 of the premises Operating Schedule must be licensed by the Security Industry Authority.

  Source: Section 21 Licensing Act 2003

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              The maximum number of persons that can be safely accommodated on the premises must be ascertained by carrying out a suitable risk assessment and verified in writing by the Devon and Somerset Fire Authority.

  2.              There must be no more than 50 (fifty) persons permitted to dance at any one time.

  3.              CCTV must be installed, maintained and operated to the satisfaction of the Chief Officer of Police and Licensing Authority.

  4.              CCTV recordings must be maintained for an appropriate period of time to be agreed in writing with the Police and Licensing Authority.

  5.              If the CCTV equipment is inoperative, the Police and Licensing Authority must be informed as soon as possible and immediate steps must be taken to put the equipment back into action.

  6.              A notice must be displayed at each entrance to the premises advising that CCTV is in operation.

  7.              Suitably qualified doorstaff must be employed from 9.00 pm until 30 minutes after the end of permitted hours on any day that live music, recorded music, performance of dance or any entertainment of a similar nature takes place on the premises with the event being open to the public and continuing after midnight.

  8.               At all other times door supervisors may be employed at the discretion of the DPS.

  9.              Where door supervisors are employed under condition 7 or 8 above they will:-

  i)              Be correctly registered with the SIA

  ii)              Display the correct name badge

  iii)              Carry proof of registration

  iv)              Be used at a ratio of 1:75 persons

  v)              Will wear clothing that is easily and clearly identifiable on CCTV.

  10.              An appropriate arrangement must be in place during periods of entertainment listed in condition 1 above, for ensuring that the maximum number of persons on the premises at any one time is not exceeded. Such an arrangement must include provision where any authorised officer of the Licensing Authority or the Devon and Somerset Fire Authority can determine the number of persons present without a physical count.

  11.              Membership of the Local Licensees Association must be maintained and the Designated Premises Supervisor or such a member of staff as may be nominated by him must attend meetings and participate in all initiatives.

  12.              Persons carrying open bottles or glasses must not be admitted to the premises or permitted to leave the premises.

  13.              All bottles and glasses must be removed from public areas on a regular and frequent basis.

  14.              In the event of a person on the premises possessing, supplying or using illegal drugs on the premises they must be banned from the premises and the police must be informed.

  15.              The fire safety measures with which the premises are provided must be maintained in good working order and their adequacy will be determined on a regular basis by carrying out a fire risk assessment as required by and in accordance with the Regulatory Reform (Fire Safety) Order 2005.   The Licensees understand that safety of occupants is also influenced by numbers of persons present, their disposition and the activities taking place and therefore undertake to maintain a safe occupancy level.

  16.              The electrical system at the premises, including portable appliances must be inspected and tested annually by a competent person to ensure safety.  (The installation must have a full inspection at least every 3 years and be tested annually.  A competent person will be a qualified electrician who is qualified to complete works as per the I.E.E. wiring Regulations 16th Edition or is registered with the ECA or NICEIC.).

  17.              The Gas System, including appliances, must be inspected and tested by a Gas safe registered gas engineer annually and a satisfactory Gas Safety Certificate must be obtained.

  18.              All safety certificates and inspection reports must be kept on site and made available for inspection by officers of relevant statutory bodies.

  19.              Adequate and appropriate supply of First Aid equipment and materials must be available on the premises.

  20.              The telephone numbers of local taxi firms must be displayed at the premises for the benefit of customers.

  21.              All external doors and windows must be kept shut other than for access and aggress when events involving amplified music or speech or other entertainment are likely to cause to a statutory nuisance.

  22.              Doorstaff and staff on the premises must encourage patrons to leave the premises quietly.

  23.              The Designated Premises Supervisor, or such person so authorised by him, must control the volume of music or other apparatus used.

  24.              Amusement with prizes machines (catagory C and D gaming machines) must be located so as to be visible to and capable of being supervised by bar staff.

  25.              A proof of age policy agreed by the police and local authority must be enforced.  Only photographic identification such as a passport or driving licence to be acceptable as proof of age.

•  

  ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  1.              All current conditions on the licence to promote the licensing objectives are extended to cover the new beer garden area (as shown on the plan dated 26/02/08 submitted to and approved by the Licensing Authority).

  2.              The CCTV system at the premises must be extended to cover the new beer garden area to the satisfaction of the Licensing Authority (as shown on the plan dated 26/02/08 submitted to and approved by the Licensing Authority).

  3.              Playing of recorded music outside the premises must be monitored by the licence holder, or a person nominated by the licence holder, and set at suitable levels both day and night so as not to cause a disturbance to nearby residents.

  4.              Staff must monitor the CCTV system to prevent underage drinking in the beer garden.

  5.              The performance of live music must only take place indoors.

  6.              Playing of recorded music outdoors between April and September must cease at 9:00 pm.

  7.              Playing of recorded music outdoors between October and March must cease at 7:00 pm.

  8.              The two (2) existing external speakers in the outside area of the premises must be maintained to the satisfaction of the Councils Environmental Health Service.

  9.              The number of external speakers at the premises must not exceed two (2).

  10.              The sound levels of regulated entertainment both internal and external must not exceed those levels specified in writing by the Councils Environmental Health Service.

  11              A noise limiter device capable of being sealed must be installed and monitored to the satisfaction of the District Councils Environmental Health Service.

  12.              The licence holder must liaise with the Councils Environmental Health Service to fit suitable furnishings and finishings to the outside area of the premises to help absorb/dissipate sound more effectively.

  13.              The licence holder must ensure that the premises are managed in a responsible manner, to identify potential nuisance problems and to take action to minimise the possibility of disruption/nuisance to neighbours.

  14.              The licence holder must ensure that staff regularly patrol the premises both indoors and out to supervise the orderly conduct of patrons.

  15.              Prominent, legible notices requesting people to leave the premises and the area quietly must be displayed at all exists.

•  

  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The licensable activities authorised by this licence must be confined to the areas that are coloured in PINK on the plan deposited with and approved by the Licensing Authority.  The Beer Garden must only be used for the licensable activities of recorded music and the sale by retail of alcohol.