Licensing Act 2003 - Premises Licence Register as at 01:11 on 18 May 2024

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Licensing Act 2003 - Premises Licence Register as at 01:11 on 18 May 2024

Loft (The)

3-4 Old Fore Street, SIDMOUTH, Devon, EX10 8LS

Premises Licence PLWA0401 from from 24/11/2005 to indefinite

Licence holder(s)

Full Name	Mr Lee Terence Chapman

Designated Premises Supervisor

Full Name	Miss Natasha Louisa Saunders

Permitted Activities

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

Premises Open Hours Granted
	Time From	Time To

Monday to Sunday	09:00	00:30
New Year's Eve	09:00	00:00	And from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.
Activities - Times Granted
	Time From	Time To
E. Performance of live music (Indoors)

Monday to Sunday	11:00	00:00
F. Playing of recorded music (Indoors)

Monday to Sunday	11:00	00:00
I. Late night refreshment (Indoors)

Monday to Sunday	23:00	00:00
J. Supply of alcohol for consumption ON and OFF the premises

Monday to Sunday	11:00	00:00
New Year's Eve	11:00	00:00	And from the end of permitted hours on New Year's Eve to the start of permitted hours on New Year's Day.

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.              (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

Embedded Conditions Consistent with the Licensing Act 1964

1.              The permitted hours to sell alcohol on this licence do not prohibit or restrict on the licensed premises the sale or supply to, or consumption of alcohol by, any person residing on the premises.
2.              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.
3.              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.
4.              The permitted hours to sell alcohol on this licence do not prohibit or restrict the taking of alcohol from the premises by a person residing there.
5.              The permitted hours to sell alcohol on this licence do not prohibit or restrict the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by them at their own expense, or the consumption of persons so supplied.
6.              The permitted hours to sell alcohol on this licence do not prohibit or restrict the supply of alcohol for consumption on premises to persons employed there for the purposes of the businesses carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
7.              The permitted hours to sell alcohol on this licence do not prohibit or restrict the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces.

Conditions Consistent with the Operating Schedule

1.              The premises will liaise with the District Council, Police, Fire and other relevant authorities as necessary to further the licensing objectives.
2.              Door staff will be employed at the discretion of the D.P.S. or senior member of staff.
When such doorstaff are required suitable numbers of door staff registered with the Security Industry Authority (SIA) shall be employed.
              All doorstaff will:
(a)              Be correctly registered with the SIA
(b)              Display the correct name badge
(c)              Carry proof of registration
(d)              Be used at a ratio to be agreed by the Police and Local Authority, which is currently 1:75
(e)              A female supervisor will be available if searches are to be conducted on female customers
(f)              Will wear clothing that can be easily and clearly identifiable on CCTV - i.e. wear a reflective number between 1 and 99 (at least 100mm high) in a prominent position on the upper part of the body.
3.              CCTV will be installed, maintained and operated to the satisfaction of the Chief Officer of Police and the Licensing Authority.
4.              CCTV recordings will be maintained for an appropriate period of time (generally one month - but to be agreed with Police and Licensing Authority).
5.              If the CCTV equipment is inoperative, the Police and Local Authority will be informed as soon as possible and immediate steps will be taken to put the equipment back into action.
6.              A notice will be displayed at the entrance to the premises advising that CCTV is in operation.
7.              Alcohol with the exception of wine if purchased by the bottle and bottles less than 250ml and soft drinks will be served in plastic or toughened glasses.
8.              No customer carrying open or sealed bottles or glasses will be admitted to the premises at any time.
9.              All bottles and glasses and rubbish will be removed from public areas on a regular and frequent basis.
10.              The Capacity limits of the premises shall not exceed 112 persons.
11.              A proof of age policy to the satisfaction of the Police and Licensing Authority will be in place.
12.              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.
13.              The business has a zero intolerance to illegal drugs and its use or supply on the premises will result in:
              (a)              Report to the Police
              (b)              Banning from the premises.
14.              Staff will attend drug awareness courses if the opportunity presents itself.
15.              A notice clearly stating that children under 16 must be in the company of a parent/guardian or responsible adult and must leave the bar by 9:00pm.
16.              An incident book will be kept detailing precautions taken against under age drinking, incidents involving attempts to obtain alcohol underage and/or public disorder.
17.              All exit doors will be easily operable without the use of a key card, code or similar means and will be available for egress while the public are on the premises.
18.              Means of escape will be maintained unobstructed immediately available and clearly identifiable.
19.              When disabled people are present adequate arrangements will exist to enable their safe evacuation in the event of an emergency.
20.              Adequate and appropriate supply of first aid equipment and materials will be available on the premises.
21.              There shall be a nominated First Aider.
22.              The First Aider shall check the first aid equipment and materials at least once a month to ensure nothing is missing or outside a use by date.
23.              All lavatories, urinals and wash basins shall at all times be kept in good order and repair and be properly and effectually cleaned, ventilated and disinfected and supplied with water and all necessary requisites and all doors leading thereto shall be suitably marked.
24.              The electrical system at the premises, including portable appliances will be inspected and tested annually by a competent person to ensure safety. (The installation will have a full inspection at least every 3 years and be tested annually. A competent person will be a qualified electrician who is qualified to complete works as per the I.E.E. wiring Regulations 16th Edition or is registered with the ECA or NICEIC.).
25.              Temporary electrical wiring and distribution systems will not be installed unless inspected by a suitably qualified electrician. Temporary electrical wiring and distribution systems will comply with BS 7671 or, where applicable BS 7909.
26.              Temporary electrical wiring and distribution systems, not installed by a suitably qualified electrician, will be inspected and certified by a qualified electrician before they are put to use.
27.              The Gas System, including appliances, will be inspected and tested by a Gas Safe registered gas engineer annually and a satisfactory Gas Safety Certificate will be obtained.
28.              All safety certificates and inspection reports will be kept on site and made available for inspection by officers of relevant statutory bodies.
29.              The premises have a suitable public liability insurance in the sum of not less than £2,000,000 (Two Million Pounds).
30.                            The fire safety measures with which the premises are provided must be 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. 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.
31.              Free drinking water will be made available at all times the premises is open to the public.
32.              The restaurant has a Health and Safety Policy available for inspection by the relevant authority.
33.              Prominent clear and legible notices will be displayed at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly.
34.              Children under the age of sixteen must be accompanied by a parent/guardian or responsible adult.
35.              No person under the age of 18 years will be permitted to purchase alcohol.
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 will be confined to the areas inside the premises that are shaded in PINK on the plan deposited with and approved by the Licensing Authority. The outside areas shaded PINK shall be for the sale/supply of alcohol only as shown on the plan deposited with and approved by the Licensing Authority.

Premises Plans

Plan - The Loft - Page 1 of 1