Mid Devon District CouncilLicensing

Beer Engine

Newton St Cyres, Exeter, Devon, EX5 5AX

Completed application 017863 which is a Change of DPS for Premises Licence from 10/06/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

•  

  ANNEX 1 - MANDATORY CONDITIONS

   

  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.

   

  (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).

   

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

   

   

  (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.

  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.”

   

  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

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

  a)               with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;

  b)               for consumption by a person residing in the premises or his guest and paid for together with his accommodation;

  c)               to a canteen or mess.

   

  No person under fourteen shall be in the bar of the licensed premises during the permitted hours unless one of the following applies:

  a)               He is the child of the holder of the premises licence.

  b)               He resides in the premises, but is not employed there.

  c)               He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

  d)               The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

   

  In this condition “bar” includes any place exclusively or mainly used for the consumption of alcohol. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  Alcohol may be sold or supplied at any time:

  a)               on premises which are bona fide used, or intended to be used, for the purpose of habitually providing for reward board and lodging, including breakfast and at least one other customary main meal;

  b)              subject to the condition that alcohol shall not be sold or supplied on the premises otherwise than to persons residing there or their private friends bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him either on the premises or with a meal supplied at but to be consumed off the premises.

  c)              there must be adequate sitting accommodation in a room not to be used for sleeping accommodation for the service of substantial refreshment or for the supply or consumption of alcohol.

   

  All staff have received suitable training in licensing law, what to do in an emergency and in general safety precautions.  On any occasion that Licensable Entertainment occurs after Midnight, SIA Registered Doorsupervisors will be employed at a ratio of 1.75.

   

  A notice will be displayed at the entrance to the premises advising that CCTV is in operation.

   

  Consideration will be given to setting capacity limits to prevent overcrowding which could lead to crime and disorder.

   

  This capacity figure will be based on advice from the Police, Fire or local authority.

   

  Irresponsible drinks promotions will not be permitted

   

  An incident book will be kept and details of all instances of public disorder will be recorded.

   

  A proof of age policy to the satisfaction of the police and the Local Authority will be in place.

   

  Gangways, exit routes and steps will be maintained in good order with non-slippery and even surfaces, edges of steps and stairways will be conspicuously marked.

   

  Where glazing forms part of a door or side panel at below shoulder height it will be constructed of safety materials.

   

  The manager or senior member of staff check the premises prior to opening to ensure there are no risks to patrons and that all safety precautions are in place.

   

  When disabled people are present, adequate arrangements will exist to enable their safe evacuation in the event of an emergency.

   

  A senior member of staff (manager) will assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment.

   

  Management will control the sound levels of the music / entertainment.

   

  The delivery of goods will be restricted to the normal working day.

   

  The movement of bins and rubbish outside the premises will be kept to a minimum after 11.00pm.

   

  A proof of age policy to the satisfaction of the police and the Local Authority will be in place.

   

   

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

   

   

Premises Plans

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