Liberator (The)

Dunkeswell Airfield, Dunkeswell Industrial Estate, HONITON, Devon, EX14 4LG

Completed application 030390 which is a Change of Supervisor for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• a performance of live music
• any playing of recorded music
• entertainment facilities for dancing
• provision of late night refreshment

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.

  Source: Section 19 Licensing Act 2003

  2.              (1)              The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

  (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;

  (d)              provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

  (i)              the outcome of a race, competition or other event or process, or

  (ii)              the likelihood of anything occurring or not occurring;

  (e)              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.

  Source: Section 19 & 19A Licensing Act 2003

  3.              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

  Source: Section 19 & 19A Licensing Act 2003

  4.              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

  Source: Section 19 & 19A Licensing Act 2003

  5.              (1)              The premises licence holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

  (2)              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 a holographic mark.

  Source: Section 19 & 19A Licensing Act 2003

  6.              The responsible person shall 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; and

  (b)              customers are made aware of the availability of these measures.

  Source: Section 19 & 19A Licensing Act 2003

  7.                            Any person used to carry out a security activity as required under condition 5 of the premises Operating Schedule must be licensed by the Security Industry Authority.

  Source: Section 21 Licensing Act 2003

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  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 Premises Operating Schedule

   

  1.              CCTV will be installed, maintained and operated to the satisfaction of the Chief Officer of Police and Local Authority.

  2.              Recordings will be maintained for an appropriate period of time (generally one month - but to be agreed with Police and Licensing Authority).

  3.              If the CCTV equipment is inoperative, the Police and Licensing Authority will be informed as soon as possible and immediate steps will be taken to put the equipment back into action.

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

  5.              On occasions when regulated entertainment is held at the premises and the event continues after 12 midnight then door staff shall be employed.

                All door staff will:

  a)              Be correctly registered with the Security Industry Authority.

  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)              Will wear clothing that can be easily and clearly identifiable on CCTV - i.e. will wear a reflective number between 1 and 99 (at least 100mm high) in a prominent position on the upper part of the body.

  f)              There will be no less than two Door Supervisors.

  6              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.

  7.              An overhead electronic automatic counting device will be installed, operated and maintained to the satisfaction of the Licensing Authority at the entrance/exit of the licensed premises.

  8.              Children will only be admitted to the premises if accompanied by an adult.

  9.              All children will leave the premises by 9:00 pm.

  10.              Children will only be allowed in designated parts of the premises as directed by the Designated Premises Supervisor or staff.

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

   

  None

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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 shaded in PINK on the plan deposited with and approved by the Licensing Authority apart from Late Night Refreshment which will be confined to the areas shaded in PINK inside the premises only.

Premises Plans

• Plan-The Aviator Coffee Bar & Restaurant - Page 1 of 1