East Devon District Council

Kings Arms Hotel (OSM) (The)

Gold Street, OTTERY ST MARY, EX11 1DG

Open application 062173 which is a Change of Supervisor for Premises Licence from 24/11/2005

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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.

  7.              (a)              Admission of children (under the age of 18) to any exhibition of films must be restricted in accordance with the film classification applied by the body designated as the authority under Section 4 of the Video Recordings Act 1984.

  (b)              Where the film classification is not specified or where the Licensing Authority notifies the licence holder that Section 20(3) (b) applies to the film in question, admission of children must be restricted in accordance with any recommendations made by the Licensing Authority.

  8.              Any person used to carry out a security activity as required under any condition of this licence/certificate must be licensed or authorised to do so by the Security Industry Authority.

   

   

• ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  CONDITIONS OFFERED ON VARIATION APPLICATION 01/26:

   

  The Prevention of Crime & Disorder

   

  All staff engaged in licensable activity at the premises will receive training and information 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 premise’s 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 premises (in relation to the sale of alcohol).

  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.

  Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12 Month intervals.

   

  Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.

   

  An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent

  details:

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

  ii. All crimes reported to the venue, or by the venue to the police

  iii. All ejections of patrons

  iv. 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.

   

  The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.

   

  Open containers of alcohol shall not be removed from the premises, except for consumption in any delineated external area as shown on the plan attached to the licence.

   

  On the annual Tar Barrels event the premises will use plastic or toughened glass and all bottles will be decanted. On all other occasions the premises hold an event the Premises Licence Holder or Designated Premises Supervisor will risk assess the need for plastic or toughened glass.

   

  The premises shall install operate and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police and Local Authority.

   

  All public areas of the licensed premises including entry and exit points will be covered.

   

  The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

   

  All recordings will be stored for a minimum period of 19 days with date and time stamping.

   

  The CCTV system will be capable of downloading images to a recognisable viewable format.

   

  A written drugs policy shall be in place and operated at the premises. It must detail the actions taken to minimise the opportunity to use or supply illegal substances within the premises. The policy must be made available for inspection and copying upon request by an authorised officer of a responsible authority.

   

  A zero-tolerance approach to drugs will be promoted via signage in the premises. Any person found to be in possession of drugs must be reported to the Police immediately upon being apprehended.

   

  At all times that the premises are open to the public regular toilet checks are conducted and documented accordingly. Checks are to be documented.

   

  A clear and legible notice must be prominently displayed at all entrances to the premises advising those attending, that the Police will be informed if anyone is found in possession of controlled substances or weapons.

   

  On the annual Tar Barrels event minimum of, 3 SIA if outside bar or/and music and if no music and/or bar in the outside area 2 SIA registered door staff will be employed from 6pm until close and all customers have left.

   

  On all other occasions when the premises hold an event the Premises Licence Holder or Designated Premises Supervisor will risk assess the need for SIA registered door staff.

   

  The number of SIA licensed door supervisors employed shall be in accordance with the following ratio: A minimum of two (2) door supervisors will be employed for the first one hundred and fifty (150) customers and one door supervisor for every seventy-five (75) thereafter.

   

  A minimum of one (1) SIA licensed door supervisors shall be positioned at the exit(s) from the premises at closing time.

   

  A minimum of two (2) SIA licensed door supervisors shall always be on duty at the entrance of the premises until the premises have closed and all customers have left.

   

  All SIA licensed door supervisors shall wear distinctive clothing or insignia to clearly identify them as door supervisors. Door supervisors on duty at the entrance(s) shall wear 'high visibility' clothing (such as a jacket or waistcoat).

   

  The following details for each door supervisor will be contemporaneously entered into a register kept for that purpose:

  (i) Full name

  (ii) SIA licence/badge number, and registration number of any accreditation scheme recognised by the Licensing Authority

  (including expiry date of that registration or accreditation)

  (iii) The date and time they began their duty

  (iv) The date and time they completed their duty

  (v) The full details of any agency through which they have been allocated to work at the premises if appropriate

   

  The register shall be available for inspection and copying at all reasonable times by an authorised officer of a responsible authority.

   

  The register shall be always kept at the premises and be so maintained as to enable an authorised officer to establish the particulars of all door supervisors engaged at the premises during the period of not less than 12 months prior to the request.

   

  SIA licensed door supervisors will be responsible for ensuring the safe, quiet and orderly dispersal of customers from the premises and the immediate vicinity of the premises.

   

  Public Safety

   

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

   

  A logbook or recording system shall be kept upon the premise in which shall be entered particulars of inspections made; those required to be made by statute, and information compiled to comply with any public safety condition attached to the premises licence that requires the recording of such information. The logbook shall be kept available for inspection when required by persons authorised by the Licensing Act 2003 or authorised legislation.

   

  The maximum number of persons (including staff and entertainers) allowed at the premises will be subject to the followingmaximum occupancies which the Fire Service stipulate.

   

  The Prevention of Public Nuisance

  Clear and legible notices shall be prominently displayed at the exit requesting patrons to respect the needs of residents and businesses and to leave the vicinity as quickly and quietly as possible.

   

  The handling of kegs, bottles cleaning equipment, bottle disposal and similar items shall not take place after 2200 Hours or before 0800 hours.

   

  No deliveries (in relation to licensable activities) to the premises shall take place between 2000 hours and 0600 hours.

   

  When issues are identified approaches will be made to patrons, who will be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity as quickly and quietly as possible.

   

  Noise levels in outside areas will be monitored and controlled to minimise any potential impact on residents. Customers will be advised of the need to respect residents where appropriate. Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises.

   

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

   

  The Protection of Children from Harm

  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:

  v. A photo driving licence

  vi. A passport

  vii. 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 the 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.

   

   

   

   

   

   

                                                                                                                                                                                                                                                                                                                                                                                                         

• 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.