Swan Inn (Lympstone) (The)

The Strand, Lympstone, EXMOUTH, EX8 5ET

Premises Licence PLWA0107 from from 24/11/2005 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• a performance of dance
• provision of late night refreshment
• 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

   

  Conditions Consistent with the Operating Schedule

   

  1.              The proprietor will have regular contact with the Licensing Authority and the Devon and Cornwall Constabulary and will have involvement in local crime prevention initiatives.

  2.              A zero tolerance policy on the use or supply of illegal drugs will be in force.

  3.              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). The applicant must understand that the fire safety of occupants is also influenced by the numbers of persons present, their disposition and the activities taking place, and therefore must undertake to maintain a safe occupancy limit.

  4.              The electrical system, including portable appliances will be inspected and tested annually by a competent person to ensure safety.  A competent person will be a qualified electrician who is registered with the ECA or NICEIC.

  5.              The Gas System, including appliances, will be inspected and tested by a Gas Safe registered engineer annually and a satisfactory Gas Safety Certificate will be obtained

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

  7.                            All regulated entertainment will end before cessation of the sale of alcohol.

  8.              A senior member of staff 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

  9.              The designated premises supervisor, or such person so authorised by him, will control the volume of music or other apparatus used.

  10.              Children not allowed to approach the bar unless as a thoroughfare to other facilities.

•  

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

   

  1.                            No customers will be permitted to take open containers of alcoholic or soft drinks from the premises

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

  3.              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.

  4.              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.

  5.              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.

  6.              Suitable signage will be displayed at the exits to request the co-operation, of patrons in particular, to be as quiet as possible when leaving the premises.

  7.              Suitable signage will be displayed within the outside drinking areas requesting patrons to respect the amenities of local residents

  8.              The outdoor drinking areas shall be used for the supply of alcohol by retail and the consumption of alcohol only.

  9.              The use of the outdoor drinking areas by patrons shall cease at 11.00 pm.

•  

  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  The licensable activities authorised by this licence will be confined to the areas that are hatched in RED on the plans submitted to and approved by the Licensing Authority.

Premises Plans

• Plan - The Swan Inn - Page 1 of 1