Mid Devon District CouncilLicensing

Elephant on the green

Elephant on green, 14 St Lawrence Green, Crediton, Devon, EX17 3LL

Completed application 026712 which is a New Application for Premises Licence from 05/08/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• an exhibition of a film
• any playing of recorded music

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.

   

   

  Premises Licences or Club Premises Certificates that authorise film exhibitions (s20 condition)

   

  1)  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.

   

  Premises Licences that require security staff (s21 condition)

   

  1)  In accordance with Condition [insert appropriate condition number which requires security staff] above all persons undertaking security functions must at all times hold a current licence to do so granted by the Security Industry Authority.

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

  Condition 1

  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 license issued under the Licensing Act 2003 and conditions attached to the license.

  iii. How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

  iv. Recognizing 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. To be alert to any potential danger to customers and react accordingly. If they are unable to quickly defuse the situation without risk to customer or staff, then they are instructed to call the police.

  Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 6-month intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorized officer of a responsible authority.

  Training records will be retained for at least 12 months.

   

  Condition 2

  The premises shall display prominent signage which states that a Challenge 25 scheme is in operation.

  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 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

  vi. 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.

   

  Condition 4

  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 5

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

   

  Condition 6

  Patrons are not permitted to take open bottles or glasses with them outside of the premises.

   

  Condition 7

  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 license

  - A passport

  - An identification card carrying the PASS hologram, military ID

   

  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 8

  The outside area (courtyard) at the rear of the premises shall be licenced for the sale and consumption of alcohol until 21:00hrs after which the area will be cleared, and the door closed save for access and egress in an emergency.

   

  Condition 9

  Staff under the age of 18 years old shall not sell alcohol. Any staff under the age of 18 years old must call a senior staff member (18 years old or over) to take over the sale and complete the transaction.

   

  Condition 11

  Alcohol must only be consumed by those customers who are seated at tables and as an ancillary to a meal with the exception of:

  i. The screening of a film

  ii. Pre booked music recital

  iii. Pre booked social function

  iv. Or other pre booked ticketed events.

  Condition 12

  Entry to all evening screenings, events, pre booked events and functions is by ticket/invitation only (free or otherwise).

   

  Condition 13

  No amplified music to be played on the premises or in the courtyard area.

  Condition 14

  SIA licensed door staff shall be employed at the premises at the discretion of the designated premises supervisor/holder of the Premises license subject to a risk assessment being carried out for each event.

  The risk assessment will be recorded in a Risk Assessment folder which will be available upon request.

   

   

   

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

   

  Condition 15

  Where a film is to be shown that has been classified as 12A, 15 or 18 the licence holder must cause a notice to be displayed, in a conspicuous position, at the entrance to the premises or room in which the film is to be shown reading:

  PERSONS UNDER THE AGE OF [insert as appropriate] CANNOT BE ADMITTED TO ANY PART OF THE PROGRAMME.

   

   

Premises Plans

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