Annex 1 - Mandatory Conditions
No supply of alcohol may be made under the premises licence -
(a) at a time when there is no designated premises supervisor in respect of the premises licence, or
(b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
(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).
The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.
(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.
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.”
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 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 x 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) ‘valued 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.
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
No person under the age of 18 will be permitted to enter or remain on the premises when any “specified activity” is taking place. Specified activities are:
• Any live performance; or
• Any live display of nudity;
• Which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).
Display of nudity means:
• In the case of a women, exposure of her nipples, pubic area, genitals or anus; and
• In the case of a man, exposure of his public area, genitals or anus,
• NB - The audience can consist of one person.
When any specified activity (as defined above) is taking place, all windows and doors of the premises which would allow those outside to see inside where the activity is to take place, must be blocked out.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
The areas of the premises marked in blue on the plan (not green) can only be used for licensable activities on two occasions in any one calendar year. Reference to ‘occasion’ in this condition refers to a single event taking place between 10am and midnight on any one calendar date. No such event shall take place unless a minimum of 15 days has elapsed since the previous event.
When the areas marked in blue on the plan (not green) are to be used for the licensable activities of amplified music (live and recorded), a Noise Management Plan must be submitted to Mid Devon District Council Licensing Authority no less than 21 days prior to the event start date. Approval must be given not less than 7 days before the event start date. The Noise Management Plan, once approved, must be complied with as a condition of the licence.
The daytime music noise level from the premises for the times 09.00am until 24.00am shall not at monitoring locations 1,2 and 3 (as detailed on the attached plan marked 'Plan A - 18 June 2015') exceed 65dB (A) over a fifteen minute period (LAeq) through the daytime duration of the event. The night time noise level from the premises for the times 24.00am until 9.00am shall not at monitoring locations 1, 2 and 3 exceed 45 dB(A) over a five minute period (LAeq) throughout the night time duration of the event.
A CCTV system will be installed, operated and maintained on these premises in accordance with Mid Devon District Council’s CCTV operational document for licensed premises and to the satisfaction of the Chief Office of Police.
Where a licensable event will or is likely to attract over 250 people, the DPS or Premises Licence Holder must notify the Police and Licensing Authority of the following information at least 21 Days prior to the event taking place:
• Name of the event
• Duration of the event (start and end date)
• Number of people expected
The above notification must be in writing. Email notification is sufficient to comply with this condition.
Where it is intended to use the premises for the playing of live and recorded music the finishing times shall be as follows on the following days of the year:
• Christmas Eve 24.00am
• Boxing Night 02.00am
• New Year’s Eve 02.00am
ANNEX 4 - PLAN OF PREMISES
See the two attached plans marked 'Annex 4 - Plan B - 18 June 2015' and 'Annex 4 - Plan C - 18 June 2015'.