Annex 1 - Mandatory Conditions
Condition 1
Every supply of alcohol under the premises licence must be made or authorised by the Sampford Peverell Recreation Ground and Village Hall Management Committee.
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.
Condition 7
All individual(s) at the premises for the purpose of carrying out a security activity must:
(a) be authorised to carry out that activity by a licence granted under the Private Security Industry Act 2001; or
(b) be entitled to carry out that activity by virtue of section 4 of that Act.
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
Condition 8
Live Music can only be played outdoors in the months of June, July and August. Live Music can not be played outdoors in any other month.
Condition 9
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 10
All staff engaged in licensable activities 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.
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.
Training records will be retained for at least 12 months.
Condition 11
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.
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY ON 15 MAY 2020
Condition 12
Prior to events with over 500 people in attendance, the licence holder must provide notification of the event to the Licensing Authority (Mid Devon District Council), Environmental Health (Mid Devon District Council) and Devon and Cornwall Police. This notification must be provided a minimum of 2 months before the start date of the proposed event and must include the name of the event, duration of the event (start, end date and time) and the number of people expected.
Notification of the event must be provided in writing (email notification is acceptable) and must also include a copy the proposed Event Management Plan for the event.
The final Event Management Plan must be kept on the premises during the course of the event and may include any required amendments brought about following consultation with the Safety Advisory group or Responsible Authorities under the Licensing Act 2003.
ANNEX 4 - PLAN OF PREMISES
See the attached plans:
Site Plan - 20/03/2020
Pavillion Plan - 20/03/2020