East Devon District Council

Sidmouth Harbour Hotel

Manor Road, SIDMOUTH, EX10 8RU

Completed application 051123 which is a Change of Supervisor for Premises Licence from 12/04/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

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.

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  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              The hotel provides accommodation and entertainment for all residents and non-resident guests and ensure that the service provided is in line with the licensable activities of East Devon District Council.

  2.              The hotel constantly review its policies to ensure for the safety of all patrons at all times and continue to promote the four licensing objectives.

  3.              CCTV will be installed operated and maintained to the satisfaction of the Licensing Authority and Chief Officer of Police.  Images will be retained for a minimum of 14 days copies of which will be supplied to the Licensing authority or Police upon request.

  4.              The CCTV system must be operational at all times whilst the premises are trading. If the system is faulty or not working then the Police and East Devon Licensing Service must be informed immediately. Details of the malfunction must be recorded in the premises incident book.

  5.              A4 sized warning notices must be displayed in public areas of the premises and at all entrances advising that CCTV is in operation. The signs located at entrances should be located on the on the exterior of the building at and adjacent to, all public access doors. All signs must comply with the requirement of the Data Protection Act 2002.  If the system fails or is not working then the police shall be informed immediately. Details of any malfunction will be recorded in the premises incident book.

  6.              An incident book will be maintained with full details of all occurrences of disorder and refused alcohol sales at the premises will be recorded. The incident books will be kept on the premises at all times and will be made available for inspection by the police.

  7.              No persons carrying open or sealed bottles or glasses will be admitted to the premises at any time.

  8.              No customers will be permitted to take open containers of alcoholic from the premises.

  9.              SIA security staff shall be employed at the premises at the discretion of the Designated Premises Supervisor/Holder of the Premises Licence in accordance with their assessment of risk for events at the premises. A written risk assessment shall be prepared. The risk assessment shall be made available for inspection by the authorities on demand.

  10.              The premises will operate a Challenge 21 policy. The only acceptable forms of ID will be Passport, Photo Driving Licence and government approved PASS card.

  11.              The hotel will strictly control the number of people admitted to the property at any one time to ensure that there is no risk to guests or members of the public.

  12.              All staff employed in the sale of alcohol will be fully trained and aware of the legal obligation and their responsibilities regarding the sale of alcohol.

  13.              lrresponsible drinks promotions will not be permitted, and the standards for the management of responsible drinks promotions including happy hours’ produced by the British Beer and Pub Association will be complied with.

  14.              All staff will receive appropriate training about emergency and general safety precautions and procedures.

  15.              Free drinking water is available at all times the premises is open to the public.

  16.              Telephone numbers of local taxi operators are prominently displayed at the premises for the benefit of customers.

  17.              All bottles and glasses and rubbish will be removed from public areas on a regular and frequent basis.

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

  19.              The gas system, including appliances, is inspected annually and tested by a Gas Safe Registered engineer and a satisfactory Gas Safety Certificate must be obtained.

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

  21.              The fire safety measures provided on the premises are 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.

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

  23.              The Sidmouth Harbour hotel has always provided for the prevention of public nuisance and in doing so will provide night patrols of the property ensuring the orderly conduct of patrons leaving the premises.

  24.              Regulated entertainment taking place at the hotel will be strictly controlled to prevent public nuisance and to ensure this a noise limiter will be installed with the appropriate noise level being set to the satisfaction of East Devon District Council Environmental Health Service.

  25.              There shall be no music or speech permitted to be played by external speakers without written consent.

  26.              Suitable signage shall be displayed in the garden areas requesting patrons to respect the amenities of local residents.

  27.              Where outside areas are provided for the use of patrons facilities for the disposing and collecting of litter will be maintained.

  28.              Where drinks are going to be consumed in outdoor areas, they shall be served in plastic glasses.

  29.              All bar staff will be fully trained to ensure no underage consumption of alcohol takes place on the property and proof of age is requested at all times where age is in doubt.

  30.              Drinks will be served in recreational areas in plastic glasses.

  31.              Only plastic glasses or bottles will be permitted in children’s play areas, and recreational areas, or in any area where customers are required to remove footwear.

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

                             

  1.              No non-residents to be served after 12.00 (midnight).

  2.              A designated telephone number for the Duty Manager is to be made available to local residents in the vicinity of the premises.

  3.              All doors and windows, except for access and egress, to be closed from 11.00pm, with the outside areas supervised to ensure that residents and non-residents at the premises do not disturb the local residents in the vicinity so as to cause a noise nuisance.

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  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.