Mid Devon District CouncilLicensing

Unit B10

Mercury Business Park, Hele Cross, Bradninch, Exeter, Devon, EX5 4BL

Completed application 027466 which is a New Application for Premises Licence from 10/05/2023 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 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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details (select from the following):

   

  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 faults in the CCTV system

  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.

   

   

  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.

   

   

  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: (delete / amend as appropriate):

   

  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. (The location of cameras can also be specified on the plan attached to the premises licence).

   

  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 14 days with 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 1998 (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).

   

  All staff engaged in licensable activity at the premises will receive training and information in relation to the following (select from 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.

   

  Training shall be recorded in documentary form and shall be regularly refreshed at no greater than (insert) 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.

   

   

  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.

   

   

   

                       The premises will have adequate safety and fire fighting equipment and such equipment will be maintained in good operational order.

                       Appropriate fire safety procedures will be in place including fire extinguishers, fire blanket, internally illuminated fire exit signs, smoke & heat detectors, and emergency lighting. All appliances will be inspected annually.

                       Fire Exits and means of escape shall be kept clear and in good operational condition.

                       Staff will be trained on matters of safety, evacuation and use of emergency equipment as required.

                       Spillages and breakages will be removed as soon as possible to reduce the risk to patrons and staff.

   

   

   

  Where appropriate, prominent, clear and legible notices shall be displayed at all exits requesting the public respect the needs of local residents and to leave the premises and area quietly.

   

  Contact numbers for local taxi firm(s) & Bus timetables shall be kept at the premises and made available to patrons requiring transport.

   

  ONLINE SALES

   

   

  Alcohol can only be ordered for delivery to a residential or business address and not to a public place.

  Full address details, including postcode, must be given when placing an online order for alcohol.

  At the time an online order for alcohol is placed a declaration will be required from the person placing the order that the person is over 18 years of age.

  Customers will be reminded that it is a criminal offence for a person under 18 to purchase or attempt to purchase alcohol and that it is also an offence to purchase alcohol on behalf of a person under 18.

  All licence conditions pertaining to the online sale of alcohol must be part of the ‘Terms and Conditions’ which must be displayed on the website or any other promotional material and expressly brought to the attention of the buyer at the time of ordering in particular the right and obligation of the driver to refuse delivery in specified circumstances.

  Drivers will not deliver alcohol to any person anywhere other than at the residential address given when the order was placed.

  Alcohol delivery will be refused if the driver considers the person receiving the delivery to be under the influence of alcohol or drugs.

  If a delivery driver considers the recipient of alcohol to appear under 25, recognised photographic identification (refer to mandatory conditions) will be requested and must be provided evidencing the recipient to be at least 18 years of age before any alcohol is handed over.

  Alcohol delivery will be refused if the delivery driver believes that the alcohol was purchased on behalf of another person who is not 18 years or over.

  When executing a delivery of alcohol only pre-ordered alcohol may be carried by the delivery vehicle.

   

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

   

  Conditions yet to be entered.

   

Premises Plans

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