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
Alcohol can be sold from the end of permitted hours on New Year’s Eve until the start of permitted hours on the following day.
The above restrictions do not prohibit:
a) during the first twenty minutes after the above hours the consumption of the alcohol on the premises;
b) during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
c) during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
d) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
f) the sale of alcohol to a trader or club for the purposes of the trade or club;
g) 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;
h) the taking of alcohol from the premises by a person residing there; or
i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol 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.
Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:
a) with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
b) for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
c) to a canteen or mess.
Alcohol may be sold or supplied at any time:
a) on premises which are bona fide used, or intended to be used, for the purpose of habitually providing for reward board and lodging, including breakfast and at least one other customary main meal;
b) subject to the condition that alcohol shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.
c) there must be adequate sitting accommodation in a room not to be used for sleeping accommodation for the service of substantial refreshment or for the supply or consumption of alcohol.
The maximum number of persons to be permitted on the premises at any one time shall not exceed 100.
The external mains lighting shall be kept switched on at all times when there is insufficient natural light.
The final gate from the yard to the side lane shall be secured in the open position whenever the public are on the premises.
Before the commencement of any function a physical check should be carried out by a responsible person to ensure that all exits are available for immediate use, and are not obstructed either within or outside the building.
MANAGEMENT OF PREMISES
Numbers
The person or persons having effective control of the premises shall make efficient arrangements for ensuring that the maximum number of persons permitted to be on the premises at any one time is not exceeded. Such arrangements to include provisions whereby any authorised officer of the Licensing Authority or the Devon Fire and Rescue Service can determine the number of persons present (without a physical count).
The Licensee, or a responsible person nominated by him in writing for the purpose, not being a person under 21 years of age, shall be in attendance during the whole period the premises are open to the public and shall be assisted by a staff of attendants or stewards according to the following scale:
Capacity of premises Number of attendants or stewards Number of Male attendants or stewards
Under 250 1 Including 1
Over 250 but less than 500 3 Including 1
Over 500 but less than 750 4 Including 1
Over 750 but less than 1000 6 Including 2
Over 1000 but less than 1250 9 Including 2
Over 1250 but less than 1500 10 Including 2
Over 1500 but less than 1750 12 Including 3
Over 1750 but less than 2000 13 Including 3
Over 2000 but less than 2500 15 Including 3
Over 2500 One for every 120 persons One for every 600 persons (or part thereof)
(or part thereof)
At every performance to which Section 12 of the Children and Young Persons Act, 1933, applies, the number of attendants or stewards in those parts o the premises which are not more than ten feet above or below ground level, shall not be less than two per cent of the seating capacity of those parts of the premises, and in all other parts of the premises it shall not be less than four per cent of the seating capacity for those parts of the premises provided that where children are in the charge of school teachers, those teachers may be regarded as attendants or stewards required in section (a) of this condition.
At every performance where children are accommodated above ground level there shall be an attendant or steward at the foot of each stairway used for entrance while the audience is entering the premises and while the audience is leaving the premises. Where children are accommodated below ground level those attendants or stewards shall be stationed at the head of each stairway while the audience is leaving the premises.
Throughout the time when the public are in attendance, staff ushers or stewards shall wear either distinctive clothing or suitable armbands.
Conduct
The licensee shall take all due precautions for the safety of the public and shall at all times conduct his business in such a manner and exercise such control over all persons on the premises as may be necessary to ensure that there is no drunkenness or behaviour resulting or likely to result in damage to property or personal injury to any person.
The Licensee shall not permit any drunkenness, disorderly conduct or any acting, recitation, singing or dancing which is of an obscene or offensive character.
A Police Constable or any authorised officer of the Licensing Authority or Fire Authority may enter the place licensed with a view to seeing whether the terms, conditions and restrictions on or subject to which the licence is held are complied with.
Door Staff
Any door staff used primarily to monitor customers and maintain good order while entertainment is provided under the auspices of this licence must be registered with the Security Industry Authority.
Noise
The use of the premises hereby licences shall not be or become a nuisance to nearby residents or passers-by.
The volume of any premises apparatus used shall be under the control of the management, from a part of the premises, which is not accessible to the public.
Hypnotism
No person shall at the premises (other than as provided by Section 5 of the Hypnotism Act, 1952) give any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces, or is intended to produce, in any other person any form of induced sleep or trance in which the susceptibility of the mind to suggestions or direction is increased or intended to be increased.
FIRE PROCEDURES
A fire routine appropriate to the premises shall be devised.
All persons employed to work in the premises and any ushers or stewards not so employed shall be given instruction and training in what to do in case of fire.
The Licensee shall ensure that one specific person shall be made responsible for organising the training of staff and any non-staff ushers or stewards that may be used and the same person shall be responsible for co0ordinating the actions to be taken in the event of fire. Effective arrangements shall be made for a nominated deputy to carry out the above duties.
In the case of any outbreak or suspected outbreak of fire, the Devon Fire and Rescue shall be called immediately.
A conspicuous notice clearly stating the location of the nearest telephone and the correct method of summoning the Fire Authority shall be displayed in the foyer of, or entrance to, the premises.
All means of escape, i.e. corridors, gangways, passages, stairways, exit ways etc., shall be kept free from obstruction at all times when members of the public are on the premises.
All stairs and steps shall be maintained with non-slippery and even surfaces and any stair coverings shall be secured and maintained so that they will not in any way be a source of danger to persons escaping in case of fire.
A log book shall be kept in which there shall be recorded details of tests and maintenance of fire fighting equipment, fire warning system (where applicable) and emergency lighting and the dates on which staff, stewards or ushers received training in the action to be taken in case of fire.
All fire fighting equipment, with which the premises are provided, shall be maintained in efficient working order.
The fire warning system (if provided) shall be maintained in efficient working order.
The Fire Officer’s recommendations (if any) shall be strictly observed.
PREMISES
Electrical
In the case of premises used under the authority of this licence on more than twelve occasions in any licence year, the Licensee shall furnish to the Licensing Authority annually at the time of renewal of the Licence a Certificate as to the condition of the electrical installation with which the premises are provided and in the case of premises licensed for only one or more specific occasions, such Certificates shall be provided when required by the Licensing Authority. The Certificate to be signed by a competent electrician, preferably one who is a member of the National Contractors Association.
Any alterations, modifications or extensions to the electrical installation with which the premises are provided shall be carried out by a competent electrician and shall be strictly in accordance with IEE Regulations and any portable electrical equipment or appliances used in the premises shall be in efficient working order and correctly wired and connected.
Residual current devices sensitive to tripping currents of not more than 30 milliamps must be fitted to cover all socket outlets that could be used to plug in portable electric equipment and any permanently installed equipment that could be used in connection with a performance, including a “disco” (but excluding stage lighting). Residual current devices should comply with British Standard 4293.
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, steps and passages forming exit routes from the licensed premises and any other part of the premises specified in the schedule of conditions and shall be independent of the normal lighting system. Oil lamps and candles shall not be used.
Building
Before carrying out any alterations to the premises, including the wall and ceiling linings, or any material alterations in the internal arrangement of the premises or in the furniture or equipment with which the premises are provided, 28 days’ written notice must be given to the Licensing Authority and to the Fire Authority.
All “Exit” signs shall be maintained in a good state of repair.
Any doors required to be fire resisting shall be effectively maintained and where such doors are also required to be self-closing they shall be maintained as such and shall be provided with no means of holding them in the open position, other than automatic releases where these have been specifically approved by the Licensing Authority.
The doors of any doorway through with persons might have to pass so as to get out of the premises shall be capable of being easily and immediately opened without the aid of a key at all times when members of the public are on the premises.
All doors fitted with panic bolts or latches shall be indicated by the words “PUSH BAR TO OPEN” in 4” (100mm) block letters in a distinctive colour, preferably white letters on a green background.
If the premises are to be used for any entertainment involving a closely seated audience the seating arrangements must have been approved by the Licensing Authority. Before such approval can be given, copies of a plan showing the proposed seating arrangements shall be submitted to the Licensing Authority and to the Fire Authority.
Notwithstanding the foregoing condition:
a) In any premises exclusively used for a closely seated audience, all seats shall be securely fixed to the floor.
b) In premises not exclusively used for a closely seated audience, chairs, if provided, shall be battened or otherwise securely fixed together to the satisfaction of the Licensing Authority in lengths of not less than four nor more than twelve chairs, and if more than 400 people are to be accommodated the chairs or seats adjoining any gangway shall be securely fixed to the floor.
c) There shall be an unobstructed seat way or space of at least 12 inches (300mm) measured between perpendiculars between the back of one seat and the front of the seat immediately behind.
d) The maximum number of chairs or seats in any row shall not exceed:
(i) Seven, where there is a gangway at one end of the row; and
(ii) Fourteen, where there is a gangway at each end of the row
except that the number of seats in a row served by only one gangway may be increased to eleven if the seat way is increased by one inch (25mm) for each additional seat over seven and the number of seats in a row served by two gangways may be increased to 22 if the seat way is increased by one inch (25mm) for each additional seat or pair of seats over fourteen.
Fire Hazards
No explosive or highly inflammable material shall be brought into the premises and any curtains, drapes or other decorative materials introduced into the premises hall either be inherently non-flammable or comply with BS 5867:Part 2, Type 2.
No portable heating appliances shall be permitted on the premises during the time they are used for the purpose to which this Licence applies.
During the time the public are in the premises, the use of pyrotechnics shall be prohibited, other than on a stage which is capable of being separated from the public by a fire resistant curtain. In this connection pyrotechnics means the use of apparatus or other devices for the production of smoke, coloured smoke or firework-like effects.
The use of naked lights or flames during performances is prohibited, unless prior written consent of the Licensing Authority has been obtained.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
N/A
ANNEX 4 - PLAN OF PREMISES
Please see attached plan dated 31 January 2007