Merriemeade Hotel

Sampford Peverell, Tiverton, Devon, EX16 7BJ

Completed application 012137 which is a Change of DPS for Premises Licence from 01/02/2011 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• the supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  The supply of alcohol is prohibited: -

  a) At a time when there is no designated premises supervisor, or,

  b) At a time when the designated premises supervisor does not hold a personal licence.

  c) Every supply of alcohol shall be made or authorised by the holder of a personal licence.

   

  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.

  In this paragraph, an irresponsible promotion means 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 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.

   

  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).

   

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

   

  The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

  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.

   

  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.

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  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.

   

   

  MANAGEMENT OF PREMISES

   

  Numbers              1              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).

   

  2              The premises licence-holder, 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:

   

  Conduct              3              (a)              The premises licence-holder 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.

   

  (b)              The premises licence-holder shall not permit any drunkenness, disorderly conduct or any acting, recitation, singing or dancing which is of an obscene or offensive character.

   

  4              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.

   

   

   

   

  Noise              5              The use of the premises hereby licences shall not be or become a nuisance to nearby residents or passers-by.

   

  6              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.

   

   

  PREMISES

   

  Electrical              7              In the case of premises used under the authority of this licence on more than twelve occasions in any licence year, the premises licence-holder 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.

   

  8              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.

   

  9              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.

   

  10              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              11              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.

   

                              12              All “Exit” signs shall be maintained in a good state of repair.

   

  13              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.

   

  14              (a)              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.

   

  (b)              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.

               

  15              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.

   

  16              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.

   

   

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY