Mid Devon District CouncilLicensing

Masons Kings

Exebrisge Industrial Estate, Exebridge, Dulverton, Somersert, TA22 9BL

Completed application 026065 which is a New Application for Premises Licence from 15/03/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

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 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 3

   

  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

   

  Condition 1

   

  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 31 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 on the premises at all times 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.

   

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

   

  ii. 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).

   

  Condition 2

   

   

  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.

   

  Condition 3

   

  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.

   

  Condition 4

   

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

  relation to the following:

   

  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.

   

  vii. Staff shall be fully trained in the requirement of the Licensing Act 2003 including that in

  relation to persons under 16 and 18.

   

  Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12 month intervals. Training records shall be made available for inspection and copying at

  reasonable times upon request of an authorised officer of a responsible authority.

   

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

   

  N/A

   

Premises Plans

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