East Devon District Council

High Tide Beer

Site E2 High Tide, Sea Hill, BEER, EX12 3BZ

Open application 061389 which is a New Application for Premises Licence

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

   

  High Tide Beer Beach is a seasonal beach café located on public beach land at Beer Beach, East Devon. The licensed area comprises a clearly defined seating and service area, separated from the wider public beach by temporary barriers and clear signage, in accordance with landowner permission.

  The following steps are how we will promote all four licensing objectives:

  1. Training

  2. Incident Log

  3. Alcohol Consumption

  4. Clear Signage

  5. Active Staff Supervision

  6. Responsible refusal of sale.

   

  Prevention of Crime and Disorder

  Training:

  The licence holder will ensure that all staff receive appropriate training about emergency and general safety precautions and procedures.

  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 only acceptable identification documents will be:

  1. A photo driving licence.

  2. A passport.

  Unless such identification is produced the sale of alcohol must be refused.

  This policy will include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18.

  ~ 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.

  Training records will be retained for at least 12 months.

  Incident Log:

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

  ~ 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.

  - 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.

  - In the absence of adequate daylight, artificial lighting in any area accessible to the public shall be fully operational whilst the public are present/whilst the premises is open.

  - Except for the sale of a bottle of wine or Champagne for consumption with a meal, no bottles containing beverages of any kind, whether open or sealed, shall be given to customers on the premises.

  With the exception of a recyclable cardboard cup, no drinking vessel, glass or bottle may be taken from the premises.

  - The premises will operate under the supervision of a Designated Premises Supervisor who holds a Personal Licence.

  Alcohol Consumption:

  The consumption of alcohol on the premises shall cease at 20:00 hours.

  The sale and supply of alcohol for consumption in any outdoor area of the premises shall be restricted to alcohol ancillary to food either at the provided tables or as a takeaway.

   

  Public Safety

   

  The license holder or people authorised by them will check the premises before it opens to the public to ensure there are no risks to patrons.

  - No glass containers will be permitted within the licensed area - The collection of glasses shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.

  - Alcohol will only be consumed ancillary to food with free drinking water available at all times the premises is open to the public.

  - The licensed area will be clearly defined, supervised, and regularly monitored by staff at all times, the license holder will ensure that staff regularly patrol the premises to supervise the orderly conduct of patrons. Staff will be available to provide assistance where required and respond promptly to any safety concerns.

  - The fire safety measures provided on the premises will be maintained in good working order, and their adequacy will be determined on a regular basis, by the carrying out of a fire risk assessment as required by, and in accordance with the Regulatory Reform (Fire Safety) Order 2005.

  - An adequate and appropriate supply of first aid equipment and materials will be available on the premises.

  - Alcohol will be sold only for consumption ancillary to food either at the provided tables or as a takeaway. The last sale of alcohol will be at 20:00 hours, reducing the likelihood of intoxication and supporting a safe and family-friendly environment.

   

  Prevention of Public Nuisance

   

  Alcohol will be sold ancillary to food either at the provided tables or as takeaway. the premises will not operate as a drinking led venue. the last sale of alcohol will be at 20:00 hours, after which time only non-alcoholic refreshments will be available, allowing a calm and orderly wind-down of the premises.

  - No amplified music or live entertainment will be provided.

  - Staff will supervise the seating area and the immediate vicinity of the premises, including the surrounding beach area, to monitor customer behaviour and prevent excessive noise, anti-social behaviour or disturbance to other beach users.

  - Clear signage will be displayed requesting customers to respect others and dispose of waste responsibly. Litter will be cleared regularly from the seating area and surrounding beach front.

  - Suitable receptacles will be provided for litter.

  - The premises will operate within the approved hours, with staff encouraging gradual and orderly dispersal of customers, thereby minimising the potential for nuisance or disturbance.

   

   

  Protection of Children from Harm

   

  Robust age-verification procedures will be in place, such as Challenge 25. All staff involved in the sale of alcohol will be trained to request valid photographic identification from any person who appears under the age of 25 and refuse service where appropriate.

  - Staff will actively supervise the seating area and immediate vicinity of the premises to ensure that children are not exposed to inappropriate behaviour, excessive noise or unsafe situations.

  - Alcohol will not be displayed, promoted, or marketed in a manner that is likely to appeal to children.

  - Children will only be permitted on the premises when accompanied by a responsible adult.

  Refusals Register

  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:

  - the date and time of refusal

  - the reason for refusal

  - details of the person refusing the sale

  - description of the customer

  - 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 will be made within 24 hours of the refusal.

  - No adult entertainment, gaming machines or activities unsuitable for children will be provided at the premises. Clear signage will be displayed reminding customers of the age-restriction on alcohol sales.

   

   

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

   

  Conditions not yet added. 

   

• 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.