East Devon District Council

Merchant (The)

33-34 The Strand, EXMOUTH, Devon, EX8 1AQ

Completed application 035545 which is a Transfer Application for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

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  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.              (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.

  Source: Section 20 Licensing Act 2003

  8.                            Any person used to carry out a security activity as required under condition 6 of the Public Entertainment Licence Additional Conditions and condition 2 of the premises Operating Schedule must be licensed by the Security Industry Authority.

                Source: Section 21 Licensing Act 2003

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  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Additional Conditions Converted from the Public Entertainment Licence

   

  1        Overhead electronic automatic counting devices must be installed, operated and maintained to the satisfaction of the District Council’s Licensing Officer at the entrance/exit of the licensed premises as well as on all levels of the premises.

  2        There must be in place an adequate system of control to ensure that the permitted numbers in each level of the premises are never exceeded.

  3        A noise limiter device capable of being sealed to be installed and maintained to the satisfaction of the Corporate Director - Communities.

  4        No amplified music to be played in the external garden area at the rear of the premises.

  5        The double doors to the rear external area of the premises shall be kept closed except for access and egress at all times when public entertainment is taking place on the premises.

  6       Licensee shall ensure that where security personnel are employed in the premises, they enter in a register kept for that purpose their full name, Security Industry Authority Badge number (including expiry date), the time that they began their duty and the time that they completed their duty, immediately after doing so.  The register shall be kept on the premises at all times and shall be made available for inspection by a police officer or a duly authorised officer of the Licensing Authority.  Registers shall be retained for at least 12 months from the last entry.

  7        The Licensee shall ensure that all security personnel employed in the premises are dressed in a manner approved by the Licensing Authority.

  8        The Licensee shall keep an ‘Incident Report Register’ to the satisfaction of the police and the Licensing Authority, in which full details of all occurrences of violent and/or disorderly conduct involving patrons of the premises and security personnel are recorded.  The Register is to be kept on the premises at all times and shall be made available for inspection by a police officer or duly authorised officer of the Licensing Authority.  Register shall be retained for at least 12 months from the last entry.

  9        All Door Supervisors must only be engaged in duties relating to the safety and welfare of the public on the premises and for controlling ingress and egress to the premises.

   

  Conditions Consistent with the Premises Operating Schedule

   

  1.              Any person exercising a security activity (as defined by paragraph 2(1) of schedule 2 of the Private Security Industry Act 2001) shall be licensed by the Security Industry Authority.

  2.              'Two SIA registered door supervisors will be employed at the premises from 9:00pm on Saturday evenings until the premises closes to the public.  At all other times security staff shall be employed at the premises at the discretion of the Designated Premises Supervisor/Holder of the Premises Licence in accordance with their assessment of risk.   A written risk assessment shall be prepared on a monthly basis and reflect anticipated events for the forth coming period.  The risk assessment shall be made available for inspection by the authorities on demand.

  3.              Any such persons referred to in condition (1) of the premises Operating Schedule shall be linked by means of text or radio pager to the police enabling the police to be alerted to instances of crime and/or disorder (where required).

  4.              Any person as defined in condition (1) of the premises Operating Schedule will clearly display his name badge at all times whilst on duty.

  5.              No customers carrying open bottles upon entry shall be admitted to the premises at any times the premises are open to the public.

  6.              Toughened glasses shall be used for draft beer and lager at all times the premises are open to the public.

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

  8.              CCTV recordings will be maintained for an appropriate period of time (generally one month - but to be agreed with Police and Licensing Authority)

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

  10.              A notice will be displayed at the entrance to the premises advising that CCTV is in operation.

  11.              Alcoholic and other drinks may not be removed from the premises in open containers save for consumption in any external area provided for that purpose.

  12.              The maximum occupancy of the building (including staff and performers) will be restricted to 350 persons.

  13.              The licence holder will comply with the reasonable requirements of the fire officer from time to time.

  14.              The licence holder will comply with the reasonable requirements of the District Council's building control officer.

  15.              Prominent, clear and legible notices shall be displayed at all exits requesting the public respect the needs of local residents and to leave the premises and area quietly.

  16.              Noise or vibration will not emanate from the premises so as to cause a nuisance to nearby properties.

  17.              Children under the age of 16 shall not be permitted to enter the premises after 9.00 pm unless attending a pre-booked function and accompanied by an adult.

  18.              All licensable activities will cease in the area referred to as the garden at 11.00 pm which will immediately close.  This area is outlined in YELLOW on the plan deposited with and approved by the Licensing Authority.

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

   

  None

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  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  All licensable activities authorised by this licence are authorised in the part of the premises outlined in BLUE on the plan deposited with and approved by the Licensing Authority.  The sale by retail/supply of alcohol is also authorised until 11.00pm in the garden area which is outlined in YELLOW on the plan deposited with and approved by the Licensing Authority.