York Inn (The)

21 Imperial Road, EXMOUTH, EX8 1BY

Premises Licence PLWA0306 from from 24/11/2005 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• the supply of alcohol
• provision of late night refreshment

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.              The maximum occupancy figures for inside the premises will be in agreement with the Licensing Authority and the Devon and Somerset Fire and Rescue Service based on fire safety issues, available floor space and sanitary accommodation available.

  2.              CCTV must be installed, operated and maintained to the satisfaction of the Police.

  3.              CCTV recordings must be maintained for a period of one month or for a period of time to be agreed in writing by the Licensing Authority.

  4.              If the CCTV equipment is inoperative the Licensing Authority must be informed as soon as possible and immediate steps to be taken to restore the equipment to full working order.

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

  6.              Adequate supervision will be exercised over the premises and grounds by staff and CCTV.

  7.              S.I.A. registered doorstaff must be employed on Fridays and Saturdays from 9:00 pm until 30 minutes after the terminal hour.  For all other nights S.I.A. registered doorstaff must be employed from 9:00 pm until 30 minutes after the terminal hour when the premises is open after midnight.

                All doorstaff will:

                a) Be correctly registered.

                b) Display the correct name badge.

                c) Carry proof of registration.

                d) Wear identifiable clothing.

  8.              All staff will be trained in licensing matters and emergency procedures.

  9.              The premises will operate an exclusion policy in line with the local pubwatch scheme.

  10.              All instances of crime and disorder will be recorded and reported to the proper authority.

  11.              No customers carrying open bottles or glasses will be admitted to the premises after 9:00 pm.

  12.               No customers will be permitted to take open containers of alcoholic or soft drinks from the premises after 9:00 pm.  Before 9:00 pm patrons can take open containers of alcohol or soft drinks only to the area shaded RED on the enclosed plan.

  13.              All bottles and glasses will be removed from public areas as soon as practicable when they are finished with.

  14.              Any person who appears to be aged over 16 but under 18 will only be supplied with intoxicating liquor which is ancillary to the consumption of a table meal accompanied by a person over the age of 18.

  15.              In all other circumstances any person who appears to be under the age of 18 attempting to purchase alcoholic drinks will be required to provide proof of age.

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

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

  18.              There will be a 30 minute drinking-up time prior to the premises closing when alcoholic beverages will not be supplied.

  19              All mechanical equipment will be regularly checked by qualified engineers.

  20.              All accesses, doors and common areas will be regularly checked by staff throughout the hours of trading.

  21.              First aid materials will be available.

  22.              All recommendations of the Devon and Somerset Fire and Rescue Service or other authority will be acted upon.

  23.              The provision of plastic glasses and bottles will be reviewed depending on the type of entertainment provided and the number and behaviour of the patrons.

  24.              When there is live music the exterior of the premises will be checked periodically by management or senior member of staff to prevent noise nuisance.

  25.              A noise limiter device capable of being sealed will be installed and maintained to the satisfaction of the Corporate Director - Communities, East Devon District Council.

  26.              A senior member of staff or (designated premises supervisor) will assess the impact of noise on neighbouring residential premises at the start of the activity or entertainment and periodically thereafter.

  27.              All recommendations of local authority officers concerning noise pollution, health and safety of other matters will be considered.

  28.              Patrons will be asked not to stand around talking in the street outside of the premises after 9 pm and asked to leave the vicinity quickly and quietly.

  29.              Toughened glasses will be used by patrons outside of the premises.

  30.              All deliveries, as far as possible, will be timed to ensure the least disturbance to nearby residents.

  31.              Children will only be admitted in the company of an adult who is over the age of 18 years of age.

  32.              All staff will receive appropriate training in matters concerning children.

  33.              Wire mesh must be fitted and maintained to the galvanised security fencing in the smoking area situated at the rear of the premises.

  34.              The front Bi-fold doors of the premises will be closed by 10pm.

  35.              The front outside area will not be used by customers after 10pm.

  36.              The Bi-fold doors will be closed during all live entertainment at the premises.

  37.              An extra camera will be added to the CCTV system to cover the front area of the premises.

•  

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

                             

  None

•  

  ANNEXE 4 - PLAN APPROVED BY THE LICENSING AUTHORITY

   

  1.              The licensable activities permitted on this licence will be confined to the area(s) hatched in PINK on the plan(s) deposited with and approved by the Licensing Authority.

  2.              Alcohol will only be consumed outside within the area shaded RED on the plan deposited with and approved by the Licensing Authority.