Radway Cinema

Radway Place, SIDMOUTH, Devon, EX10 8TL

Completed application 044125 which is a New Application for Premises Licence from 24/06/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• any playing of recorded music
• the supply of alcohol

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.

•  

  ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              There will be no off sales of alcohol and only ticket holding customers will be served.

  2.              All staff will receive induction training and regular up-dates on matters related to licensing conditions, public safety and welfare.

  3.              There will be head-office checks to ensure local compliance.

  4.              Cinema staff must be aware of the age restrictions applicable to some films and likewise to alcohol sales: they will receive guidance and training to NVQ level in this.

  5.              The cinema provides a safe, monitored environment for customers which reduces any risk of crime or disorder.

  6.              Public and staff safety will be addressed by means of a suitable fire detection and alarm system, emergency lighting, firefighting equipment and regular recorded training in all safety matters.

  7.              Key staff will have first-aid qualifications.

  8.              CCTV will be installed operated and maintained to the satisfaction of the Licensing Authority and Chief Officer of Police.

  9.              Images will be retained for a minimum of 14 days copies of which will be supplied to the Licensing Authority or Police upon request.

  10.              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.

  11.              Any littering will be dealt with throughout the day by the cinema staff.

  12.              At all times the premises are open a suitably trained and qualified manager will be in charge on the premises.

  13.              Customers will be continually monitored by attendant staff and all areas other than the auditorium and toilets are covered by CCTV visible to the duty manager.

  14.              All customers will be seated and an orderly safe environment maintained.

  15.              Notices requesting that customers exit quietly will be displayed by the main doors.

  16.              Visible counter displays of alcohol will be secured by lockable metal shutters when the sales service is closed and alcohol stocks will be stored in locked store-rooms.

  17.              All plant will be regularly checked and records of all routine checking and maintenance and staff training are available at the cinema.

  18.              The operating company must carry out risk assessments for safety and health matters and these are addressed in the risk assessment and health and safety and environmental health documentation held by the cinema manager.

  19.              Staff will receive special training in dealing with the needs of disabled customers and are also instructed on how to supervise and monitor children in the cinema, particularly those who are not with an adult parent or guardian.

  20.              Alcoholic drinks will only be served in polycarbonate glasses and customers will not be permitted to take from the counter drinks still in bottles.

  21.              Sound will not be played at volumes high enough to cause a nuisance to neighbours.

  22.              Any street littering will be dealt with throughout the day by cinema staff.

  23.              No customers will be permitted to take open containers of alcoholic or soft drinks from the premises.

  24.              Staff will receive particular training on how to effectively ensure a safe environment for children.

  25.              Unaccompanied children will be seated away from any adults who are not themselves with children.

  26.              The age restrictions applicable to 12A, 15 & 18 category films will be rigorously applied.

  27.              The premises will operate a Challenge 25 policy. The only acceptable forms of I.D. will be Passport, Photo Driving Licence and Government Approved PASS Card.

  28.              No trailer for a category of film higher than that being shown will be included in the programme.

  29.              All poster and other advertising material will be approved by the relevant bodies.

•  

  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 that are outlined in RED on the plans submitted to and approved by the Licensing Authority.