East Devon District Council

Whitford Village Hall

Park Lane, Whitford, AXMINSTER, Devon, EX13 7NQ

Completed application 054379 which is a Community Premises Disapplication of DPS for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• 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
• the supply of alcohol
• a performance of a play

Additional Conditions

• ANNEXE 1 - MANDATORY CONDITIONS

   

  1.              Every supply of alcohol under the premises licence must be made or authorised by the Management Committee.             

  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 management committee 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 6 (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.              (a)              Admission of children (under the age of 18) to any exhibition of films must be restricted in accordance with the film classification applied by the body designated as the authority under Section 4 of the Video Recordings Act 1984.

  (b)              Where the film classification is not specified or where the Licensing Authority notifies the licence holder that Section 20(3) (b) applies to the film in question, admission of children must be restricted in accordance with any recommendations made by the Licensing Authority.

  8.              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

   

  Conditions Consistent with the Community Licence (PEL)

   

  The licensee shall manage the premises so that there is compliance with the conditions of the licence.  The licensee may nominate a responsible person or persons in writing, which should be agreed by the nominee in writing, to undertake some of those duties on his or her behalf.

  Management

  1.              It is the responsibility of the licensee to ensure that:

  the condition of the building and activities at the premises do not endanger those present;

  the use of the premises does not cause disturbance to nearby residents and passers-by; that everyone leaves as quietly as possible;

  the volume of amplified sound is under control; and

  all parts of the premises, which are open to the public, shall have sufficient lighting to enable adequate supervision.

  2.              The licence holder shall make arrangements to ensure that the maximum number of persons permitted to be on the premises at one time is not exceeded.

                These numbers are:-

                Main Hall: Maximum capacity 100

  3.              A nominated person shall be in attendance during the whole period the premises are open to the public.  Where there are more than 100 persons present the licensee, or nominated person, shall be assisted by at least one steward.  The steward shall wear either distinctive clothing or a suitable armband.

  4.              Where most of those present are under the age of 16 the number of stewards shall be not less than 1 for every 100 or part of 100.  Where there is an upper floor there shall be 1 steward for every 50 or part of 50 on that floor.

  5                    No exhibition, demonstration or performance of hypnotism (as defined in Section 6 of the Hypnotism Act 1952) shall be given on any person at the premises except with the written consent of the licensing authority and in accordance with any conditions attached to such consent.

  6                    All persons primarily employed in premises licensed to sell alcohol who vet customers in order to maintain good order shall be approved and licensed by the Security Industry Authority.

  7                    A register of names of persons on duty to vet customers and maintain good order at any given time, shall be kept on the premises and made available to a Police Officer or a duly authorised officer of the Licensing Authority on request by either of those officers.

  Fire Precautions

  (These should be read in conjunction with the Community Hall Fire Precautions Guide and Log)

  8.              All fire precautions with which the premises are provided shall be adequately maintained.  The fire safety provisions are indicated on the approved licensing plan and the Community Hall Fire Precautions Guide and Log contains advice on the maintenance of fire precautions.

  9.              A logbook shall be kept in which there shall be recorded details of tests and maintenance of the fire alarm (if applicable), emergency lighting and fire fighting equipment.

  10.              The nominated person and any stewards shall be familiar with the fire routine for the premises and means of calling the fire service.

  11.              The licensee or nominated person, before admittance of the public, shall:

  check that every exit door is unlocked and will easily open fully from the inside and ensure that all keys and other security fastenings are removed;

  walk each internal route leading to the exit doors to ensure that the route is unobstructed and safe to use;

  walk each external route leading from the exit doors to the assembly point to ensure that the route is unobstructed and safe to use, and

  unless the premises are being used in daylight without restriction of natural light, switch on the appropriate general lighting to ensure that the exit doors, internal and external exit routes and exit signs are illuminated.

  12.              If the premises are to be used for any purpose involving a closely seated audience the seating arrangement shall first be approved by the licensing authority.  A plan showing the approved layout shall be displayed next to the licence.

  13.              The written consent of the licensing authority shall be obtained before constructing a stage.

  14.              All heating appliances shall be fixed in position and be adequately guarded.

  15.              No explosive or highly flammable material shall be brought into the premises and no liquefied petroleum gas cylinders shall be used or stored in any part of the premises while the public is present.

  16.              No naked flames, smoke machines, lasers or pyrotechnics shall be used without the written consent of the licensing authority.

  17.              Smoking shall not be permitted on stage without the written consent of the licensing authority and shall not be permitted backstage including dressing rooms.  Prominent "No Smoking" signs shall be displayed in the backstage areas.

  18.              Curtains, drapes or other decorative material shall either be inherently non-flammable or comply with the current British Standard or an equivalent European Standard.  Scenery must be flame-retardant.

  Buildings

  19.              All toilet facilities shall be kept clean and in good working order and all doors leading to these facilities shall be suitably marked.

  20.              Before carrying out any alteration to the premises including the electrical installation, the wall and ceiling linings or any material alteration to the internal arrangement of the premises the written consent of the licensing authority shall be obtained.

  21.              Any alteration or addition to the electrical installation during the currency of the licence shall be in accordance with current IEE Regulations and re-inspected and tested and a copy of the certificate of inspection sent to the licensing authority on completion of the works.

  22.              All electrical sockets available for use by performers for their equipment shall be protected with a residual current device sensitive to tripping currents of not more than 30 milliamps.  This shall be achieved by either the provision of a protected circuit or as part of the socket outlet.

   

  Conditions Consistent with the Premises Operating Schedule

   

  1.              The premises will only be open to the public for specific events by prior arrangement.

  2.              Staff will be trained to be aware of their duties under the Licensing Act 2003 and in particular the importance of complying with this Act and ensuring that customers comply with it and with the requirements of the criminal law.

  3.              The fire safety measures with which the premises are provided will be maintained in good working order and their adequacy is determined on a regular basis by the carrying out of a fire risk assessment (as required by and in accordance with the fire precautions (workplace regulations). The applicant understands that the fire safety of occupants is also influenced by numbers of persons present, their disposition and the activities taking place, and therefore undertakes to maintain a safe occupancy limit.

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

  5.              The electrical system, including emergency lighting and portable appliances will be inspected and tested at a frequency specified by the IEE regulations by a competent person.  A competent person will be a qualified electrician who is registered with the ECA or NICEIC.

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

  7.                            The emergency lighting with which the premises are provided shall be maintained in efficient working order and be in operation during the whole time that the public are in the premises.  The existing system must illuminate all exit signs, doorways, step and passages forming exit routes from the licensed premises and including the gardens and car park and shall be independent of the normal lighting system.  Oil lamps and candles shall not be used.

  8.                            Smoking is not permitted in the building.

  9.                            Plastic glasses will be used when drinks are to be consumed outside the building at events such as a barbecue in the car park.

  10.                            Adequate first aid facilities will be provided and maintained on the premises.

  11.                            Adequate provision has been made for the disabled.

  12.                            A member of the management committee or a nominated person 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 to keep noise to a reasonable level.

  13.              Signs are exhibited at exits requesting a quite and orderly departure from the building. 

  14.              Adequate litter bins are provided and will be cleared after each event.

  15.              All children under 16 on the premises shall be supervised at all times by a responsible adult over 18 years of age.

  16.              Appropriate signs will be displayed prohibiting under age drinking.

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

  18.              The licensable activities authorised by this licence will be confined to the areas that are hatched in PINK 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 restricted to the areas as indicated on the legend on the plan deposited with and approved by the Licensing Authority.

   

Premises Plans

• Plan - Whitford Village Hall - Page 1 of 1