East Devon District Council

Royal Beacon Hotel (The)

The Beacon, EXMOUTH, Devon, EX8 2AF

Completed application 053243 which is a Transfer Application for Premises Licence from 04/12/2006 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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
• provision of late night refreshment
• a performance of a play
• an exhibition of a film
• 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.              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.              Those persons who hire the function room and their guests must be informed that there is limited parking within the locality and they should be advised to make arrangements to travel to and from the premises by public transport.

  2.              The Licence holder or a person authorised by them must ensure that the phone number of the premises is published and that the phone is monitored when live or amplified music takes place.

  3.              When live or amplified music is taking place within a function room after 10.00 pm, all windows in the function room must be kept shut.

  4.              Notices advising that windows must remain closed, must be prominently displayed by each function room window.

  5.              An air conditioning system must be installed and maintained in the function rooms and operated when live or amplified music takes place.

  6.              A lobby area must be constructed and maintained to the rear first floor fire escape and doors.  The lobby doors to be kept shut other than for access and egress when live or amplified music takes place at the premises.

•  

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

   

  1.              CCTV must be maintained and operated to the satisfaction of the Chief Officer of Police and Licensing Authority.

  2.              Recordings must be maintained for an appropriate period of time (generally one month - but to be agreed with Police and Licensing Authority).

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

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

  5.              The management at the premises must ensure that staff are aware of social and legal obligations and responsibilities regarding the sale of alcohol.

  6.              The management at the premises must have regular contact with the Licensing Authority and the Devon and Cornwall Constabulary and will have involvement in local crime prevention initiatives.

  7.              A proof of age policy agreed by the police and local authority must be enforced.

  8.                            The Designated Premises Supervisor or such person as may be authorised by him must check the premises prior to opening to ensure there are no risks to patrons and that all safety precautions are in place.

  9.              Prominent clear and legible notices must be displayed at all exists requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.

  10.              All children on the premises must be supervised at all times by a responsible adult over 18 years of age.

  11.              Suitable doorstaff registered with the Security Industry Authority to be employed for events/functions planned to continue after 12 midnight which involve music and dancing or live entertainment or discos and to which access is available to the general public (as opposed to a private function).

  12.              Doorstaff must be provided 30 minutes prior to the start of the event to 30 minutes after the end of the event.

  13.              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 must 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.

•  

  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.

Premises Plans

• - Page 1 of 3
• - Page 2 of 3
• - Page 3 of 3