Filleigh Village Hall

Filleigh, Barnstaple, Devon, EX32 0RD

Completed application 039987 which is a Transfer Application for Premises Licence from 18/06/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment
• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• ANNEXE 1 - MANDATORY CONDITIONS

   

  1        There shall be no sale or supply of alcohol when there is no Designated Premises Supervisor (DPS) in respect of this premises licence or at a time when the said DPS does not hold a personal licence or when his/her licence is suspended. 

   

  2        Every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
   

  3        Admission of children (under the age of 18) to any exhibition of films must be restricted in accordance with the film classification body designated as the authority under Section 4 of the Video Recordings Act 1984.
   

  4        Where the film classification is not specified or the relevant licensing authority has notified the premises licence holder under Section 20 (3)(b) of the Licensing Act 2003, the admission of children must be restricted in accordance with any recommendation made by the Licensing Authority.
   

  5        The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
   

  6        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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

  (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; (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

  (i) the outcome of a race, competition or other event or process, or

  (ii) the likelihood of anything occurring or not occurring;

  (e) 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.
   

  7        The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).
   

  8        The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
   

  9        The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
   

  10    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 a holographic mark.
   

  11    The responsible person shall 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; and

  (b) customers are made aware of the availability of these measures.

   

  Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014

  Additional Mandatory Licensing Condition

   

  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×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.

   

• ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  The licensee shall manage the premises so that there is compliance with the conditions of the licence.  The licensee may nominate a responsible person or persons in writing, which should be agreed by the nominee in writing, to undertake some of those duties on his or her behalf.

   

  Management

   

  1               It is the responsibility of the licensee to ensure that:

   

  The condition of the building and activities at the premises do not endanger those present;
   

  The use of the premises does not cause disturbance to nearby residents and passers-by;
   

  That everyone leaves as quietly as possible;

  
  The volume of amplified sound is under control; and

  
  All parts of the premises which are open to the public shall have sufficient lighting to enable adequate supervision.

   

  2               Occupancy Rates:
  
  Hall:                            Dance/informal              -              Total not to exceed 300
  
                              Closely seated              -              Total not to exceed 250
  
   

  3               The licensee or a nominated person shall be in attendance during the whole period the premises are open to the public.  Where there are more than 100 persons present, the licensee or nominated person, shall be assisted by at least one steward.  The steward shall wear either distinctive clothing or a suitable armband.

   

  4               Where most of those present are under the age of 16, the number of stewards shall be not less than 1 for every 100 or part of 100.  Where there is an upper floor, there shall be 1 steward for every 50 or part of 50 on that floor.

   

  5               No exhibition, demonstration or performance of hypnotism (as defined in Section 6 of the Hypnotism Act 1952) shall be given on any person at the premises except with the written consent of the licensing authority and in accordance with any conditions attached to such consent.
   

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

  7               Adequate and appropriate supply of first aid equipment and materials shall be available on the premises.
   

  8               The applicant shall provide confirmation of public liability insurance in the minimum sum of £2 million.  A new certificate shall be provided each year.
   

  9               A variation of the premises licence shall be sought for any alteration of the premises which would make it impossible to comply with an existing licence condition.
   

  10           With regard to (9) above, alternative steps shall be taken to promote the public safety objective if necessary.
   

  11           Free drinking water shall be made available at all times the premises is open to the public.
   

  12           Premises used for closely seated audiences Attendants.
  
  The number of attendants on each floor in a closely seated auditorium will be as set out in the table below

  Capacity of Premises              Number of              

                Attendants or              

                Stewards             

   

  Under 100              One             

  100 but less than 250              Two             

  250 but less than 500              Three             

  500 but less than 750              Four              

  750 but less than 1000              Five             

  Add one additional attendant for each additional 250 persons (or part thereof)

   

  13.              The premises shall not be used for a closely seated audience except in accordance with seating plans.  A copy of the plan shall be available at the premises and shown to any authorised person on request.

   

  14.              The following number of attendants will be present during film exhibitions (as set out below)

                Attendants - premises without a staff alerting system.

                Number of members of the audience present on the premises.              Minimum number of attendants required to be on duty.

                1-250                                                                                                                               Two

                And one additional attendant for each additional 250 members of the audience present (or part thereof)

                Where there are more than 150 members of an audience in any auditorium or on any floor.

                At least one attendant shall be present in any auditorium or on any floor.

   

  15.              Overcrowding shall not be allowed in any part of the premises.
   

  16.              Where tables and chairs are provided, clear gangways to exits shall be maintained.
   

  17.              If notices prohibiting smoking are exhibited, the prohibition shall be strictly enforced.

   

  18.              The premises shall be adequately ventilated in all areas to which the staff and public have access.

   

  19.              Noise or vibration shall not be audible at the façade of any noise sensitive premises.
   

  20.              Doors and windows shall be kept closed whenever necessary.

   

  21.              The playing of live or recorded music in garden areas of the premises shall not be permitted after 11:00 p.m.

   

  22.              A sufficient number of suitable receptacles for refuse storage shall be provided. These shall have properly fitted covers.

   

  23.              A proof of age policy agreed by the police and local authority shall be enforced

   

  24.              Cinemas

                When films are classified by the film classification body, they shall be classified in the following way:-

                U - Universal - suitable for audiences aged 4 years and over

                PG - Parental Guidance - some scenes may be unsuitable for young children

                12A - viewing by persons aged 12 years or older or persons younger than 12 when accompanied by an adult

                15 - viewing by persons aged 15 years and over

                18 - viewing by persons aged 18 years and over

   

  25.              Where the Licensing Authority has made a recommendation on the restriction of admission of children to a film, notices shall be displayed both inside and outside the premises so that persons are aware of the classification.

   

  26.              An attendant shall be stationed in the area(s) occupied by the children and in the vicinity of each exit.
   

  27.              The minimum number of attendants on duty shall be one attendant per 50 children (or part thereof).

   

  28.              The premises may remain open for no more than 30 minutes after the end of the period during which the retail sale of alcohol is permitted, as a wind-down period.

   

  29.              All hirers of the premises shall sign an agreement entitled 'Filleigh Village Hall Conditions of Hire', as amended in accordance with new legislation.

   

  Fire Precautions

   

  These should be read in conjunction with the Community Hall Fire Precautions Guide and Log.

   

  13           All fire precautions with which the premises are provided shall be adequately maintained.  The fire safety provisions are indicated on the approved licensing plan and the Community Hall Fire Precautions Guide and Log contains advice on the maintenance of fire precautions.
   

  14           A logbook shall be kept in which there shall be recorded details of tests and maintenance of the fire alarm (if applicable), emergency lighting and fire fighting equipment.

   

  15           The licensee, nominated person and any stewards, shall be familiar with the fire routine for the premises and means of calling the fire service.

   

  16           The licensee, or nominated person, before admittance of the public, shall:

   

  Check that every exit door is unlocked and will easily open from the inside and ensure that all keys and other security fastenings are removed;
   

  Walk each internal route leading to the exit doors to ensure that the route is unobstructed and safe to use;
   

  Walk each external route leading from the exit doors to the assembly point to ensure that the route is unobstructed and safe to use; and

  
  Unless the premises are being used in daylight without restriction of natural light, switch on the appropriate general lighting to ensure that the exit doors, internal and external exit routes and exit signs are illuminated.

   

  17           If the premises are to be used for any purpose involving a closely seated audience, the seating arrangement shall first be approved by the licensing authority.  A plan showing the approved layout shall be displayed next to the licence.

   

  18           The written consent of the licensing authority shall be obtained before constructing a stage.

   

  19           All heating appliances shall be fixed in position and be adequately guarded.

   

  20           No explosive or highly flammable material shall be brought into the premises and no liquefied petroleum gas cylinders shall be used or stored in any part of the premises while the public is present.

   

  21           No naked flames, smoke machines, lasers or pyrotechnics shall be used without the written consent of the licensing authority.

   

  22           Smoking shall not be permitted on stage without the written consent of the licensing authority and shall not be permitted backstage, including dressing rooms.  Prominent, “No Smoking” signs shall be displayed in the backstage areas.

   

  23           Curtains, drapes or other decorative material shall either be inherently non-flammable or comply with the current British Standard or an equivalent European Standard.  Scenery must be flame retardant.
   

  24           All exit doors shall be easily openable without the use of a key, card, code or similar means and shall be available for egress while the public are on the premises.
   

  25           Means of escape shall be maintained unobstructed, immediately available and clearly identifiable.
   

  26           Any removable security fastenings shall be removed whenever the premises are open to the public or staff.
   

  27           Hangings, curtains and temporary decorations shall be maintained in a flame retardant condition.
   

  28           upholstered seating shall be fire retardant and compliant with current fire safety regulations.
   

  29           Notices dealing with the actions to be taken in the event of fire or other emergency shall be prominently displayed and maintained in good condition.
   

  30           all fire exits and means of escape shall be signed in accordance with BS5499.
   

  31           Exits doors shall open outwards (or will be secured in the open position).
   

  32           Fire safety signs shall be adequately illuminated.
   

  33           The applicant shall provide a certificate of inspection for portable fire fighting equipment.  The inspection shall be carried out annually and the applicant shall provide a new certificate each year.
   

  34           The applicant shall provide a certificate of inspection for any fire detection alarm at the premises.  The inspection shall be carried out annually and the applicant shall provide a new certificate each year.

   

  Buildings

   

  35           All toilet facilities shall be kept clean and in good working order and all doors leading to these facilities shall be suitably marked.

   

  36           Before carrying out any alteration to the premises, including the electrical installation, the wall and ceiling linings or any material alteration to the internal arrangement of the premises, the written consent of the licensing authority shall be obtained.

   

  37           Any alteration or addition to the electrical installation during the currency of the licence shall be in accordance with current IEE Regulations and re-inspected and tested and a copy of the certificate of inspection sent to the licensing authority on completion of the works.

   

  38           All electrical sockets available for use by performers for their equipment, shall be protected with a residual current device sensitive to tripping currents of not more than 30 milliamps.  This shall be achieved by either the provision of a protected circuit or as part of the socket outlet.

   

  39           The licensed premises shall be maintained in their present condition and no alterations shall be made therein, either in construction, re-arrangement of public accommodation or exits, or otherwise, without the consent of the appropriate Authority.  Application for permission to effect any such alterations shall be made in accordance with the regulations of the appropriate Authority.
   

  40           Any recommendations made under the Local Government (Miscellaneous Provisions) Act 1982 shall be satisfactorily implemented.
   

  41           When the premises are being used for the purpose of the licence a mobile telephone must be on the premises at all material times.
   

  42           It shall also be ensured that the telephone is serviceable/operable prior to the public being admitted.
   

  43           A heating certificate shall be produced to the Licensing Authority when requested.
   

  44           Emergency lighting shall not be altered.
   

  45           In the event of failure of normal lighting, where the emergency lighting battery has a capacity of one hour, evacuation of the premises shall be possible within 20 minutes.
   

  46           Emergency lighting tests shall be conducted monthly.  Records of these tests shall be made available to the Licensing Authority upon request.
   

  47           The applicant shall provide a satisfactory NICEIC or ECA periodic electrical installation report.  The inspection shall be carried out annually and the applicant shall provide a new report each year.
   

  48           The applicant shall provide an Oil Firing Technical Association (OFTEC) certificate of inspection in respect of any oil-fired boiler or appliance.  The inspection shall be carried out annually and the applicant shall provide a new report each year.
   

  49           A no smoking area of such a size and design that it genuinely provides a suitable area for customers wishing to be separated from smoking areas shall be available.

   

  50           The sale by retail/supply of alcohol and regulated entertainment will be confined to the area (s) as outlined in ORANGE on the attached plan (s).

   

   

   

• ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING

   

  None.

   

   

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Premises plan - Page 1 of 1