Maltsters Arms (Woodbury) (The)

Greenway, Woodbury, EXETER, Devon, EX5 1LN

Completed application 039105 which is a Change of Name/Address of Holder for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• provision of late night refreshment
• the supply of alcohol
• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance

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

   

  1.              The proprietor will have regular contact with the Devon and Cornwall Constabulary.

  2.              The proprietor will ensure that the public using the premises at all times have access to a telephone to call a taxi and will be provided with details of telephone numbers to call a taxi.

  3.              The proprietor will support the police initiative - Pubs Against Drugs

  4.              The outside of the licensed premises will be illuminated to the satisfaction of the Licensing Authority at all times that the premises are open for the use of the public.

  5.              The car park for the premises will be checked regularly to prevent crime and disorder occurring.

  6.              There will be a regular collection of glassware, ashtrays from the public areas of the licensed premises throughout the opening hours.

  7.              There will be a 30 minute wind down period following the cessation of the supply of alcohol on the premises, on the expiry of which the premises will close.

  8.              The emergency lighting with which the premises are provided shall be maintained in efficient working order and be in operation during the whole time that the public are in the premises.  The existing system must illuminate all exit signs, doorways, step and passages forming exit routes from the licensed premises and including the gardens and car park and shall be independent of the normal lighting system.  Oil lamps and candles shall not be used.

  9.              All 'exit' signs shall be maintained in a good state of repair.

  10.              The electrical system at the premises, including portable appliances will be inspected and tested annually by a competent person to ensure safety.

  (The installation will 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.)

  11.              Where temporary electrical equipment is used, a suitable circuit breaker device will be installed to cover this equipment.  The circuit breaker will operate at a current not exceeding 30 mA and must comply with BS 4293.  The device will be tested monthly and he tests will be recorded in a log kept for the purpose.

  12.              Temporary electrical wiring and distribution systems will not be installed unless inspected               by a suitably qualified electrician.  Temporary electrical wiring and distribution systems will comply with BS 7671 or, where applicable BS 7909.

  13.              Temporary electrical wiring and distribution systems, not installed by a suitably qualified electrician, will be inspected and certified by a qualified electrician before they are put to use.

  14.                            The Gas System, including appliances, must be inspected annually and tested by a Gas Safe Registered engineer and a satisfactory Gas Safety Certificate must be obtained.

  15.              Any oil fired boilers and appliances currently installed on the premises or installed in the future will be inspected and tested annually and an OFTEC certificate of inspection will be obtained.  

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

  17.              All fire fighting equipment with which the premises are provided shall be maintained in efficient working order and inspected annually.

  18.              All the rubbish produced by the premises will be stored securely in a designated area or in a bin with a tight fitting and lockable lid. (This will help prevent litter being blown around.)

  19.              Facilities for depositing litter and the collection of litter generated by patrons will be available and maintained where outside areas are provide for the use of patrons.

  20.              There will be regular collections of litter.

  21.              Live amplified and acoustic music, karaoke, jukebox and broadcasts by any disc jockey will stop with the cessation of the service of alcohol.

  22.              Hot food and alcohol will not be served outside after 11.30 pm.

  23.              A senior member of staff (manager) will assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment.

  24.              Children under the age of 16 years will not be permitted to remain on the premises after 9.00 pm on any day unless they are on the premises as part of a private function in the Function Room/Skittle Alley or in the outside area accompanied by an adult.

  25.              A proof of age policy agreed by the police and local authority will be enforced.

  26.              Notices will be displayed in the vicinity of any Amusement with Prizes machines installed in the premises prohibiting use by persons under the age of 18 years.

•  

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

   

  1.              If after the expiry of six months from the second appointed date the Licensing Authority serves written notice on the licensee requiring that door supervisors be provided:

  Suitable door staff registered with the Security Industry Authority to be employed from 8.00 pm until 30 minutes after the end of permitted hours on any day that live music, recorded music, performance of dance and any entertainment of a similar nature is planned to takes place on the premises with the event being open to the public and continuing after 11.00 pm.

  2.              All doorstaff will:

  (a)              Be correctly registered with the SIA

  (b)              Display the correct name badge

  (c)              Carry proof of registration

  (d)              Be used at a ratio to be agreed by the Police and Local Authority, which is currently 1:75

  (e)              A female supervisor will be available if searches are to be conducted on female customers

  (f)              Will wear clothing that can be easily and clearly identifiable on CCTV - i.e. wear a reflective number between 1 and 99 (at least 100mm high) in a prominent position on the upper part of the body

  3.              If after the expiry of six months from the second appointed date the Licensing Authority serves written notice on the licensee requiring that CCTV be provided it will be installed, maintained and operated to the satisfaction of the Chief Officer of Police and Local Authority and conditions 4 to 6 also complied with.

  4.              Recordings will be maintained for an appropriate period of time (generally one month - but to be agreed with Police and Local Authority).

  5.              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.

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

  7.              Irresponsible drinks promotions will not be permitted, and the Standards for the Management of Standard Drinks Promotions produced by the British Beer and Pub Association will be complied with.

  8.              An anti drug policy, agreed by the Police and local authority, will be in force.

  9.              The premises will be a member of Pubwatch and a representative will attend Pubwatch meetings and participate in all initiatives.

  10.              A policy will be in force for the management of large groups, e.g. hen and stag parties.  The group will be required to nominate a responsible person to liaise with staff.

  11.              An incident book should be kept to record details of all instances of public disorder.

  12.              The licensee/Designated Premises Supervisor will co-operate with officers from the District Council and police to ensure that nuisance to residents in the neighbourhood is prevented.

  13              Only plastic glasses or bottles will be permitted in children’s play areas.

  14.              The capacity of the function room will be limited to 100 persons.

  15.              All external doors and windows will be kept shut, other than for access and egress, in all rooms when events involving amplified music or speech or other entertainment are likely to give rise to noise.

  16.              Suitable signage at the exit to request the co-operation, of patrons in particular, to make as little noise as possible when leaving the premises.

  17.              Patrons will be asked not to stand around talking in the street outside the premises or any car park and asked to leave the vicinity quickly and quietly.

  18              An announcement will be made prior to closing requesting patrons co-operation in leaving the premises and vicinity as quietly and quickly as possible.

  19.              A noise limiting device will be installed, fitted and maintained in such a manner as to control all sources of amplified music from the premises and the limit to be set by an Environmental Health Officer.

  20.              When doorstaff are employed on the premises they will be position at exits, particularly at closing times.

  21.              The emergency exits must be well fitted and kept shut during opening hours.

  22.              Staff will check prior to any entertainment, and periodically during the entertainment, that all windows and doors are shut.

  23.              Management will control the sound levels of the music/entertainment.

  24.               All music will cease in the bar area by 12 midnight

  25.               There will be total sound containment within the premises after 2.00 am until 8.00 am.

  26.              Regard will be had to BS 4142 rating industrial noise affecting mixed residential and industrial areas and the Institute of Acoustic good practice guide on the control of noise from pubs and clubs.

  27.              The handling of beer kegs, bottles and other similar items will not take place in the late evening, at night or during the early morning, when the noise generated could cause a nuisance particularly outside buildings.

  28.              Bottle skips and bins containing cans or bottles will not be emptied outside after 10.00 pm, but will be dealt with the next day during normal office hours.

  29.              The movement of bins and rubbish outside the premises will be kept to a minimum after 10.00 pm.

  30.              The use of gardens and external play areas will not commence before the start of normal trading hours and will cease at 11.30 pm.

  31.              Staff will monitor the use of the car park to ensure patrons do not congregate in this area and cause annoyance, particularly when people are leaving the premises.

  Note- Condition 22 of Appendix 2 has been amended to show a terminal hour of 11:30pm to accord with condition 30 of these additional conditions.

•  

  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The licensable activities authorised by this licence must be restricted to the areas as indicated on the legend on the plan deposited with and approved by the Licensing Authority.

Premises Plans

• Plan - Maltsters Arms - Page 1 of 1