Mid Devon District CouncilLicensing

Butterleigh Inn

Butterleigh, Cullompton, Devon, EX15 1PN

Completed application 029004 which is a Change of DPS for Premises Licence from 04/06/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• any playing of recorded music
• provision of late night refreshment
• a performance of live music
• an exhibition of a film

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  Condition 1

   

  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.

   

  Condition 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).

  Condition 3

   

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

   

  Condition 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.

  Condition 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.”

   

  Condition 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 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.

   

  FILMS

   

  No children shall be admitted to the exhibition of any film unless they have reached the age specified in the British Board of Film Classification (“BBFC”) Certificate, or the Classification issued by the Licensing Authority.

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  SEASONAL TIMING

   

  The premises may remain open for the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.

   

  On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00hrs

   

   

  TRAINING

   

  All staff engaged in licensable activity at the premises will receive training and information in relation to

  i. The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable. ii. The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence. iii. How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol). iv. Recognising the signs of drunkenness. v. The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase. vi. Action to be taken in the event of an emergency, including reporting an incident to the emergency services. Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 6 monthly intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority. Training records will be retained for at least 12 months

   

  INCIDENT LOG

   

  An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details i. Any incidents of disorder or of a violent or anti-social nature ii. All crimes reported to the venue, or by the venue to the police iii. All ejections of patrons iv. Any complaints received v. Seizures of drugs or offensive weapons vii. Any visits by a responsible authority (under the Licensing Act 2003) or emergency service. Records must be completed within 24 hours of any incident, and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident. The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.

   

  ALCOHOL CONSUMPTION

   

  There shall be no consumption of beverages in garden area after 10pm

  None in terrace area after 11pm

   

  After 2130 no drinks are to be taken to garden area and no consumption of drinks in garden area will occur after 2200

   

  Clear and legible signage must be prominently displayed in the outside area specifying that no drinks are to be taken into garden area after 2130 hours.

   

  Public Safety

   

  LIGHTING

   

  In the absence of adequate daylight, artificial lighting in any area accessible to the public shall be fully operational whilst the public are present

   

  No customers carrying open or sealed bottles cans or other receptacles containing alcoholic liquor shall be admitted to the premises at any time that the premises are open to the public

   

  DISPERSAL

   

  A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours.

   

  Clear and legible notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and to leave the vicinity as quickly and quietly as possible

   

  When issues are identified approaches will be made to patrons, who will be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity as quickly and quietly as possible.

   

  POINT OF CONTACT

   

  A telephone number shall be made available and displayed in a prominent location where it can be conveniently read from the exterior of the premises for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons or activities associated with the premises. The telephone number will be a direct number to the management who are in control during opening hours. A record will be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call. Records will be made available for inspection and copying by an authorised officer of a responsible authority throughout the trading hours of the premises.

   

  NOISE MONITORING

   

  While live or recorded music takes place or the garden in operation regular monitoring of noise levels at the nearest noise-sensitive locations shall take place by the management team.

   

  After 1900 hours noise levels in outside areas will be monitored and controlled to minimise any potential impact on local residents. Customers will be advised of the need to respect local residents where appropriate. Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises.

   

  TAXI PROVISION

   

  Where a specific taxi operator has been nominated for customers use the company's telephone number will be advertised to customers. The operator will be advised that drivers should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily

   

  LITTER & WASTE

   

  Sufficient measures must be in place to remove litter or waste arising from customers and to prevent such litter/waste accumulating in the immediate vicinity of their premises. Where necessary adequate measures must be in place to provide customers with sufficient receptacles for the depositing of waste materials such as food wrappings, drinks containers, smoking related litter etc.

   

  LIGHTING

   

  The use of lighting in garden areas shall cease at 2200 hours except for health and safety or security reasons.

   

  PROOF OF AGE SCHEME

   

  There will be in place a written age verification policy in relation to the sale or supply of alcohol, which will specify a Challenge  25 proof of age requirement. This means that staff working at the premises must ask individuals who appear to be under 25 years of age, attempting to purchase alcohol, to produce identification. The only acceptable identification documents will be: - A photo driving licence - A passport - An identification card carrying the PASS hologram Unless such identification is produced the sale of alcohol must be refused. This policy will include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18.

   

  The premises shall display prominent signage indicating at any point of sale that a Challenge 25 scheme is in operation.

   

  REFUSALS REGISTER

   

  An alcohol sales refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused. The register will include: i. the date and time of refusal ii. the reason for refusal iii. details of the person refusing the sale iv. description of the customer v. any other relevant observations. The refusals register will be made available for inspection and copying on the request of an authorised officer of a responsible authority. All entries must be made within 24 hours of the refusal.

   

  UNACCOMPANIED CHILDREN

   

  Unaccompanied children under age of 18 will not be allowed upon the premises at any time (Garden Area / play equipment)

   

  CCTV

  The premises shall install, operate and maintain a digital colour CCTV system to the satisfaction of the Police and Local Authority. As a minimum, the system must;

   

  i.  Cover all public areas of the licensed premises, including entry and exit points. This also includes any outside areas under the control of the premises licence holder.

   

  ii. Record clear images permitting the identification of individuals and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition.

   

  iii. Continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

   

  iv. Have a constant and accurate time and date generation.

   

  v. Store recordings for a minimum period of 28 days with accurate date and time stamping.

   

  vi. Viewable copies of recordings will be provided on request to the police and local authority officers as soon as is reasonably practicable and in accordance with the Data Protection Act 2018 (or any replacement legislation) a staff member from the premises who is conversant with the operation of the CCTV system, shall be always on the premises when the premises are open.  This staff member must be able to provide an authorised officer of a responsible authority, copies of recent CCTV images or data with absolute minimum of delay when requested in accordance with the Data Protection Act 2018 (or any replacement legislation).

   

  vii. The CCTV system will be capable of downloading images to a recognisable viewable format.

   

  viii. The CCTV system will capture a minimum of 4 frames per second.

   

  ix.   The CCTV system will be fitted with security functions to ensure the integrity of the system and to prevent the tampering with and deletion of images (i.e. password protection).

   

   

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

   

   

Premises Plans

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