East Devon District Council

The Curlews (Retirement Living)

1 - 59 Merchant Avenue, EXMOUTH, Devon, EX8 2GG

Completed application 060656 which is a Change of Supervisor for Premises Licence from 01/08/2024 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 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

   

  Prevention of Crime & Disorder

  The premises will be secured 24 hours a day with limited access via a video door entry system.

   

  Each development will be managed by a dedicated Estate or House Manager, who is responsible for the care and wellbeing of all homeowners. The development, mature nature of the customer base, and the care provision is designed to prevent an environment where crime and disorder has no place. In the extremely unlikely event, staff are on hand and a 24-hour emergency call system is in place.

   

  The sale of alcohol in the development is very limited and will be supported by dining facilities and an extensive range of cold soft drinks and hot beverages.

   

  Chilled tap water will always be available as standard.

   

  Each development has effective management of the premises, including written procedures for managing incidents.

   

  McCarthy Stone and its catering partners will ensure that staff receive proper training and refresher training on relevant issues, policies, and procedures.

  The premises shall be equipped with a CCTV system that shall comply with the following criteria:

  The system shall be maintained in proper working order

  The system shall display on any recording the correct time and date of the recording

  The picture quality will be capable of being used for evidence,

  CCTV will be installed and maintained to cover the front entrance to the development.

  The CCTV will be operational at all times.

  CCTV recordings will be retained for a minimum of 30 days and made available in a viewable format to any authorised authority on request.

  Notices advising that CCTV has been installed on the premises are posted at the access door areas and within the premises so that they are clearly visible to the public within the licensed premises.

   

  A refusals register will be kept and maintained at the premise which will record details of all refusals at the premise and will be made available to the Police and licensing authority for inspection on request.

  Public Safety

  The premises are not open to the public and the property is secured by a keypad entry to the premises by a video door entry system. All visitors will be required to pre-arrange their visit with the homeowner and sign in on arrival.

   

  We are responsible for the safety and wellbeing of our homeowners, so we have both the personnel and safety systems in place to achieve this. As such we work tirelessly to ensure the safety of everyone who lives in, works in or visits the development.

   

  Alcohol will be served only on the premises. Neither alcohol nor glassware will ever leave the confines of the development.

   

  Toughened glassware will be purchased to minimise the likelihood of broken glass if the glassware were to be dropped by accident.

   

  We pride ourselves in the look and feel of all our developments ensuring that premises, both internally and externally, are always maintained in a good, clean, and tidy condition.

  We carefully consider the needs of our homeowners who made need stepless access and space for mobility aids and scooters.

   

  We take all elements of health & safety, fire safety and food hygiene very seriously.

   

  We will fully complete risk assessments, for both the premises and proposed activities to be carried out.

   

  We will regularly train and refresh the operational team on our safe systems of work.

   

  Firefighting equipment will be in place; we will test and check on a regular basis and conduct drills to ensure the effectiveness of our evacuation plans in the event of an emergency.

   

  We will have designating “safe spaces” within the premises in which vulnerable persons can be provided with assistance.

   

  The Estates Manager, House Manager will always co-operate with police and Licensing Standards Officers including by allowing access to the premises and to all relevant policies and procedures.

   

  McCarthy Stone will have suitable litter and waste management programmes in place including provisions for recycling.

   

  All staff involved in the sale of alcohol will be trained in their responsibilities under the Licensing Act 2003, with refresher training undertaken every six months.

   

  All training will be recorded and signed by the trained staff member.

   

  The personal licence holder for the development will formally authorise members of staff to serve alcohol, once he/she has checked the training records and is comfortable that the individual clearly understands their responsibilities.

   

  Adequate supervision will be provided by the catering partner, Estate or House Manager.

   

  McCarthy Stone will conduct regular testing and certification (where appropriate) of appliances.

   

  The Estate/ House Manager, as part of their role will regularly check all areas of the development to ensure the safety of all homeowners, the development staff, and any visitors.

   

  The lay-out of the communal areas will not feature a bar counter. The consumption of alcohol will take place at a restaurant table or in low level lounge furniture.

   

  As the development provides a care service to some of the homeowners, first aid items and defibrillation equipment and appropriately trained staff will be available in the case of an emergency.

   

  A fire risk assessment required under the Regulatory Reform (Fire Safety) Order 2005 (as amended) will be completed and be available for inspection by an authorised officer.

   

  Valid public liability insurance shall be kept in force and a copy of the schedule will be displayed at the venue and made available for inspection by an authorised Local Authority or Police Officer on request.

   

  The sale of alcohol shall be limited to homeowners and their invited guests.

  The Prevention of Public Nuisance

   

  McCarthy Stone will be committed to making sure that the sale of alcohol doesn’t affect neighbouring properties.

   

  There will be no amplified music played, no outdoor drinking and no excessive noise. This is not appropriate for the profile of the development homeowners.

   

  No litter will be created outside/around the development.

  The development offers a very limited alcohol range (none of which will be premium strength products) and sales are very limited on the premises, largely for people aged +70 years and their guests - all of whom will be specifically invited, and/or bona fide relatives or friends of residents. The consumption of alcohol will generally take place with a meal (such as Sunday Lunch) however, occasionally groups of homeowners may choose to gather for a social drink or for an organised event in the communal area of the development.

   

  Protection of Children from Harm

   

  It is rare that anyone under the age of 18 to frequent the premises. On occasions, younger family members may visit homeowners and, in such circumstances, unless attending a meal, they are unlikely to go to an area where alcohol is served.

   

  If dining, the youngster will be under the supervision of both the homeowner and other responsible adults.

   

  The premises will operate a "Challenge 25" proof of age scheme whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age.

  Acceptable identification for the purposes of age verification will include a driving licence, passport or photographic identification bearing the "PASS" logo and date of birth.

  If the person seeking alcohol is unable to produce acceptable means of identification, no sale or supply of alcohol will be made to that person and a refusals book will be kept up to date. Challenge 25 signage will be displayed within the premises.

   

  All persons under 18 will always be accompanied by an adult.

   

• 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.