East Devon District Council

Royal Clarence (The)

1 Harbour Road, SEATON, Devon, EX12 2LX

Completed application 038741 which is a Variation Application for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the supply of alcohol
• provision of late night refreshment

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.

  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.              The permitted hours to sell alcohol on this licence do not prohibit or restrict the sale of alcohol to a trader or club for the purposes of the trade or club.

  2.              The permitted hours to sell alcohol on this licence do not prohibit or restrict the ordering of alcohol to be consumed off the premises or the despatch by the vendor of the alcohol so ordered.

  3.              The permitted hours to sell alcohol on this licence do not prohibit or restrict the supply of alcohol for consumption on the premises to persons employed there for the purposes of the businesses carried on by the holder of the licence, or the consumption of alcohol so supplied, if the alcohol is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

  4.              No person carrying open or sealed bottles or glasses must be admitted to the premises.

  5.              After 11:00 pm toughened glass or plastic glasses must be provided for and used by customers using the outside areas at the premises for consumption of alcohol supplied by the premises.  On the nights when door staff are required to be employed at the premises from 9:00 pm by condition 14 of this Operating Schedule toughened glass or plastic glasses must be provided for use from 9:00 pm.

  6.              There must be regular glass and bottle collection from public areas of the premises during opening hours.

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

  8.              The licensee or person so authorised by him must be responsible for organising the training of staff employed on the premises in respect of the action to be taken in the event of a fire or other emergency.

  9.              A conspicuous notice clearly stating the location of the nearest telephone and the correct method of summoning the Fire Service must be displayed in the foyer or entrance to the premises.

  10.              The fire safety measures with which the premises are provided must be maintained in good working order and their adequacy must 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.

  11.              Any reasonable requirements of the Fire Authority must be complied with and there must be full co operation with the Fire Authority, Police and Licensing Authority in respect of issues of public safety to include consultation when any alterations of the premises are proposed.

  12.              AII means of escape from the premises must be kept free from obstruction.

  13.              The maximum occupancy figure for the whole premises must not exceed 200 persons (100 on ground floor, 100 on first floor) in agreement with the Licensing Authority and the Fire Authority and based on fire safety issues, available floor space and the sanitary accommodation available.  This figure is not to be amended without consultation and agreement by those authorities.

  14.              Suitable door staff registered with the Security Industry Authority must be employed when the premises is open after midnight on Fridays and Saturdays.  Such door staff, being a minimum of 2 (two), to be employed from 9:00pm until 30 minutes after the premises closes.

  15.              AII persons primarily employed in the premises to monitor customers and maintain good order must wear a current identification badge, issued by the Security Industry Authority.

  16.              The Licensee or other authorised person must ensure that where door staff are employed in the premises they enter in a register kept for that purpose their full name, Security Industry Authority badge number, the time they began their duty and the time they completed their duty, immediately after doing so.  The register must be kept on the premises at all times and must be made available for inspection by a police officer or a duly authorised officer of the Licensing Authority.  Registers must be retained for at least 12 months from the last entry.

  17.              The Licensee or other authorised person must 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 must be kept on the premises at all times and must be made available for inspection by a police officer or a duly authorised office of the Licensing Authority.  Registers must be retained for at least 12 months from the last entry.

  18.              A customer code of conduct poster must be displayed on the premises warning patrons that if they act in an inappropriate manner they could be barred from all licensed premises in the vicinity.

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

  20.              CCTV recordings must be maintained for 14 days or such other period agreed with the Chief Officer of Police and Licensing Authority.

  21.              lf CCTV equipment is inoperable the Police and Licensing Authority must be informed as soon as possible and immediate steps taken to put the equipment back into full working condition.

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

  23.              The electrical system at the premises, including portable appliances, must be inspected and tested annually by a competent person and a satisfactory report obtained.  A competent person will be a suitably qualified electrician who is registered with the ECA or NICIE.

  24.              The gas system, including appliances, must be inspected and tested annually by a CORGI registered gas engineer and a satisfactory Gas Safety Certificate obtained.

  25.              AII safety certificates and inspection reports must be kept on the premises and made available for inspection by officers or relevant statutory authorities.

  26.              AII external doors and windows must 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.

  27.              The licence holder, or person authorised by them, must control the volume of regulated entertainment taking place at the premises.

  28.              Patrons must be asked to respect the needs of local residents and leave the premises as quietly as possible.

  29.              The delivery of goods to the premises must be restricted to the normal working day.

  30.              Children under the age of 16 must be accompanied by a responsible adult and a notice to that effect must be prominently displayed.

  31.              Only photographic proof of age must be accepted, e.g. passport, prove it card,

  32.              The licensee and his staff must have a zero tolerance to illegal drugs and the use or supply of the drugs on the premises must result in an immediate report to the police and the person concerned being banned from the premises.

  33.              The licensable activities authorised by this licence must be confined to the areas that are hatched in PINK and the area outlined in GREEN and marked Bar Area on the plan deposited with and approved by the Licensing Authority.

•  

  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 must be confined to the areas that are hatched in PINK and in the area outlined in GREEN and marked  Bar Area on the plan submitted to and approved by the Licensing Authority.