Mid Devon District CouncilLicensing

Old Malt Scoop Inn

Lapford, Crediton, Devon, EX17 6PZ

Completed application 018004 which is a Change of DPS for Premises Licence from 13/07/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the supply of alcohol
• an indoor sporting event

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

   

  Regulated entertainment can be provided and alcohol sold for an additional hour after the end of permitted hours on the following days:-

                Friday, Saturday, Sunday & Monday of each Bank Holiday weekend.

                Thursday, Friday, Saturday, Sunday & Monday for the Easter Bank Holiday weekend.

                Christmas Eve.

                Boxing Day.

   

  Regulated entertainment can be provided from the end of permitted hours on New Year's Eve until the start of permitted hours the following day.

   

  Alcohol shall not be sold or supplied except during permitted hours.

  In this condition, permitted hours means:

  a)               Monday to Thursday, 10.00am until 12.00 midnight.

  b)               Friday and Saturday, 10.00am until 02.00am.

  c)               Sunday, 12.00 noon until 11.30pm.

  d)               On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day.

   

  The above restrictions do not prohibit:

  a)               during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

  b)               during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  c)               during the first thirty minutes after the above hours the consumption of  the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;

  d)               consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  e)               the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  f)               the sale of alcohol to a trader or club for the purposes of the trade or club;

  g)               the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  h)               the taking of alcohol from the premises by a person residing there; or

  i)               the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or

  j)               the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  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.

   

  1. The permitted hours to sell alcohol on this licence do not prohibit or restrict on the licensed premises the sale or supply to, or consumption of alcohol by, any person residing on the premises.
  2. The permitted hours to sell alcohol on this licence do not prohibit or restrict the sale of alcohol to a trader or club for the purposes of the trade or club.
  3. The permitted hours to sell alcohol on this licence do not prohibit or restrict the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered.
  4. The permitted hours to sell alcohol on this licence do not prohibit or restrict the taking of alcohol from the premises by a person residing there.
  5. The permitted hours to sell alcohol on this licence do not prohibit or restrict the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by them at their own expense, or the consumption of persons so supplied.
  6. The permitted hours to sell alcohol on this licence do not prohibit or restrict the supply of alcohol for consumption on premises to persons employed there for the purposes of the businesses carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
  7. The permitted hours to sell alcohol on this licence do not prohibit or restrict the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air.

   

  There will be a 30-minute drinking-up time prior to the premises closing when alcoholic beverages will not be supplied.

   

  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.

   

  Any person who appears to be aged under 21 will be asked for identification if attempting to purchase alcoholic drinks.

   

  An anti drug policy agreed by the Police and local authority will be in force.

   

  Crime prevention notices will be displayed warning customers of the prevalence of crime which may target them, eg “bags should not be left unattended”, “watch out for pickpockets”, drugs awareness etc.

   

  A detailed “customer code of conduct” poster will be displayed warning customers that if they act in an inappropriate manner, they could be barred from all licensed premises in the vicinity.

   

  The premises will be a member of Pubwatch and a representative will attend Pubwatch meetings and participate in all initiatives.

   

  Sufficient numbers of door staff / stewards who are suitably trained will be provided on the premises, depending on the activities or entertainment taking place on site and the likelihood of overcrowding.

   

  All staff have received suitable training in licensing law, what to do in an emergency and in general safety precautions.

   

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

   

  The electrical system, including portable appliances will be inspected and tested annually by a competent person to ensure safety.

   

  The Gas System including appliances will be inspected and tested by a CORGI registered gas engineer annually and a satisfactory Gas Safety Certificate will be obtained.

   

  All safety certificates and inspection reports will be kept on site and made available for inspection by officers of relevant statutory bodies.

   

  A quarterly risk assessment will be carried out.

   

  All external doors and windows will be kept shut, other than for access and egress in all rooms when events involving amplified music or speech or other entertainment likely to give rise to noise.

   

  Suitable signage at the exit to request the co-operation of patrons, in particular to make as little noise as possible when leaving the premises.

   

  Patrons will be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity quickly and quietly.

   

  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 use of gardens and external play areas will not commence before the start of normal trading hours and will cease at dusk or at 21.00 hours, whichever is the earlier.

   

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

   

  The AWP machine will be positioned in sight of the bar counter.

   

   

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

   

   

Premises Plans

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