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.
Condition 7
Where the film classification body is specified in the licence, unless subsection (3) (b) applies, admission of the children must be restricted in accordance with any recommendation made by that body.
Where-
a) The film classification body is not specified in the licence, or
b) The relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,
admission of the children must be restricted in accordance with any recommendation made by that licensing authority.
In this section
‘children’ means persons aged under 18; and
‘film classification body’ means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c 39) (authority to determine suitability of video works for classification).
ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
Condition 8
The premises must operate a Challenge 25 policy. 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:
An identification card carrying the PASS holographic log
A photo driving licence
A passport
Unless such identification is produced the sale of alcohol must be refused.
Condition 9
The Designated Premises Supervisor shall ensure a sales refusal register is maintained to include details of all alcohol sales refused and the reason for refusal. The refusals register should be made available to an authorised enforcement officer on request. The refusals log should be maintained for all normal operations at the premises.
Condition 10
A separate refusals register should be maintained for each separate bar which is operated at events at the premises. The refusals register should be made available to an authorised enforcement officer on request either during the event or at a later date.
Condition 11
The external areas marked on the plan for licensable activities will only be used for licensable activities a maximum of 9 times in any calendar year and only for pre-arranged public event/s. Notice of the intent to use the outside areas for this purpose will be sent in writing to:
The Licensing Authority
MDDC Environmental Health department
Devon & Cornwall Police Licensing Department
Devon County Council Highways
Notice of the intent to use the outside areas for licensable activities must be sent to the above named authorities at least 3 month before the proposed event start date. Notice sent by email is sufficient to meet with this condition.
Condition 12
The maximum number of persons in attendance at the event (at any one time) will be 2000 people. This number excludes staff, volunteers, performers or any other person working in connection with the event.
Condition 13
No person under the age of 18 will be permitted to enter or remain on the premises when any “specified activity” is taking place. Specified activities are:
Any live performance; or
Any live display of nudity;
Which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).
Display of nudity means:
In the case of a women, exposure of her nipples, pubic area, genitals or anus; and
In the case of a man, exposure of his public area, genitals or anus,
NB - The audience can consist of one person.
When any specified activity (as defined above) is taking place, all windows and doors of the premises which would allow those outside to see inside where the activity is to take place, must be blocked out.
Condition 14
The times listed on the premises licence for all licensable activities (including opening times) may be extended by one further hour on bank / public holidays.
Condition 15
All alcoholic drinks to be consumed in the outside areas must be served in polycarbonate / plastic / paper containers.
Condition 16
No open glass containers will be permitted to be taken from the club house.
Condition 17
The premises will run in accordance with the Cullompton RFC rules that have been lodged with the Police and Licensing Authority. The Police and Local Authority will be notified within 28 days of any changes to these rules.
Condition 18
The premises licence holder must ensure that:
a) CCTV will be installed, operated and maintained within the premises. Cameras must be located within the building to cover entrance/exit points. These cameras will record clear images permitting the identification of individuals.
b) Images will be retained for a minimum of 21 days.
c) The CCTV system must operate at all times while the premises are open for licensable activities. All equipment must have a constant and accurate time and date generation.
d) The system will be kept in a secure location to avoid access by unauthorised persons. A member of staff must be adequately trained to use the cctv system and download images for evidential purposes .
ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
ANNEX 4 - PLAN OF PREMISES
See attached plan dated 19 April 2016