East Devon District Council

Paella Lovers

75 Exeter Road, EXMOUTH, Devon, EX8 1QD

Completed application 060221 which is a Cancellation/Surrender for Premises Licence from 01/06/2024 to 26/06/2025

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

   

  The Licensee, that is the person in whose name the premises licence is issued, shall ensure that all times when the premises are for any licensable activity, there are sufficient competent staff on duty at the premises for the purpose of fulfilling the

  terms and conditions of the licence and for preventing crime and disorder.

   

  The Licensee shall ensure that all staff will undertake training in their responsibilities in relation to the sale of alcohol, particularly with regard to drunkenness and underage persons.

   

  Records will be kept of training and refresher training.

  All staff engaged in licensable activity at the premises will receive training and information in relation to the following :

  The Challenge 25

  The hours and activities permitted by the premises licence

  How to complete and maintain the refusal register in operation at the premises

  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

   

  Maintain an incident log for the following, writen down within 24 hours of any incident:

  Any incidents of disorder or of a violent or anti social nature

  All crimes reported to the venue, or by the venue to the police

  All ejections of patrons

  Any complaints received

  Any visits by a responsible authority (under the Licensing Act 2003) or emergency service

   

  The consumption of alcohol on the premises shall cease at 20.00 as bistro will close the latest at 21.00.

   

  Customers will not be permitted to remove from the premises any alcoholic drinks supplied by the premises in open containers.

   

  There shall be no admissions or re-admission to the premises after 20.00.

   

  There shall be a personal licence holder on duty on the premises at all times when the premises are authorised to sell alcohol or they will authorise someone from the staff.

   

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

   

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

   

  Retail sale of alcohol shall only take place from a fixed bar, no mobile dispense sales will take place.

   

  The premises shall only operate as a bistro & delicatessen :

  in which customers are shown to their table

  where the supply of alcohol is by waiter or waitress service only

  which provides food in the form of substantial table meals that are prepared on the premises and are served and consumed at the table using non disposable crockery

  which does not provide any take away service of food or drink for immediate consumption

  where alcohol is not be sold or supplied, otherwise than for consumption by persons taking substantial table meals there, and provided always that the consumption of alcohol by such persons is ancillary to taking such meals. Notwithstanding this condition customers are permitted to take from the premises part consumed and resealed bottles of wine supplied ancillary to their meal.

   

  Appropriate fire safety procedures are in place including fire extinguishers (foam, H20 and CO2), fire blanket, internally illuminated fire exit signs, numerous smoke detectors and emergency lighting.

  All appliances are inspected annually

  All emergency exits shall be kept free from obstruction at all times

   

  The maximum number of persons (including staff and entertainers) allowed at the premises shall not exceed 26.

   

  Seating for no less than 12 persons shall be provided in the premises at all times the premises are in operation.

  Seating for no less than 100 % of the maximum occupancy shall be provided in the premises at all times the premises are in operation.

   

  Except for the sale of wine,beer or wine based drinks- sangria- for consumption with a meal in the (designate area of the premises), no open bottles containing beverages of any kind , shall be given to customers on the premises.

   

  No drinking vessel may be taken from the premises.

   

  No customers carrying open or sealed bottles cans or other receptacles containing alcohol shall be admitted to the premises at any time that the premises are open to the public.

   

  The collection of glasses and bottles shall be undertaken at regular intervals to ensure here is no build-up of empties in the premises.

   

  Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

   

  All customers will be asked to leave quietly.

   

  Clear and legible notices will be prominently displayed to remind customers to leave quietly and have regard to our neighbours.

   

  No deliveries (in relation to licensable activities) to the premises shall take place between 18:00 and 08:00.

   

  The Premises Licence Holder or Designated Premises Supervisor shall be available at all times during licenced activity and be responsible for cooperating and liaising with any responsible authority.

   

  All external doors and windows shall be maintained in good order.

   

  Any patrons that cause any disturbance or disorder will be asked to leave the premises.

   

  All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting lid.

  The licensee and staff will ask persons who appear to be under the age of 25 for photographic ID.

   

  All staff will be trained for UNDERAGE SALES PREVENTION regularly.

   

  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.

   

  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.

   

  Unaccompanied children (under 14) will not be allowed upon the premises at any time.

   

  Accompanied children (under 15) will only be allowed to remain on the premises between 10:00 and 21:00.

   

• 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.