Royal Exchange

13 Joy Street, Barnstaple, Devon, EX31 1BS

Completed application 041595 which is a Variation Application for Premises Licence from 06/05/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• provision of late night refreshment
• the supply of alcohol

Additional Conditions

• ANNEXE 1 - MANDATORY CONDITIONS (PREMISES LICENCE ON & OFF SALES)

   

  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        Any person used to carry out a security activity as required under the Annexe 2 conditions must be licensed by the Security Industry Authority.
   

  4        The responsible person (as defined in s.153(4) of the Licensing Act 2003) must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises. 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 a disability).

   

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

   

  6.              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.

   

  7.              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.

   

  8.              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 holographic mark or an ultraviolet feature.

   

  9.              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.

   

  10.              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.

   

  11.              For the purposes of the condition 10 set out above-

   

  (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.

   

  12. Where the permitted price given by Paragraph (b) of Condition 11 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.

   

  13.              (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of

  Condition 13 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

   

  1        The premises to open from 8am each day of the week for non licensable activities to take place.
   

  2        A 30 minute wind down period will be in operation at the premises to allow for dispersal of customers.
   

  3        The premises will operate a “zero tolerance drug policy”.
   

  4        The Designated Premises Supervisor, or appropriate representative, will monitor the dispersal of customers from the premises.
   

  5        CCTV will be installed and in operation at the premises when the premises are open to the public. The CCTV system will, as a minimum, cover all entrances and the bar counter(s). The CCTV system will have a hard drive that records and saves all footage for a minimum of 28 days. The CCTV system will have the capability for copies of the footage to be recorded onto a portable device, such as DVD or memory stick, if required by the police.
   

  6        An incident book and refusals register will be kept at the premises and will be made available to the licensing authority and responsible authorities upon request. The incident will record; (a) All crimes reported to the venue; (b) All ejections of customers ; (c) Any incidents of disorder; (d) Seizure of drugs or offensive weapons; (e) Any faults in the CCTV system; and (f) Any refusal of the sale of alcohol.
   

  7        Staff will be trained in legislation relevant to their job role. A record of this training will be kept at the premises and available to the licensing authority or responsible authorities upon request.
   

  8        A First aid kit will be kept on the premises.
   

  9        Notices will be displayed asking customers to leave the premises quietly and to respect the neighbours.
   

  10    Doors and windows will be kept closed during regulated entertainment, except for access to and egress from the premises.
   

  11    Staff will call taxis for customers upon request.
   

  12    A challenge 21 policy will be employed whereby a person who appears to be under 21 years of age and is attempting to purchase alcohol, will be asked to provide identification. The only type of identification that will be accepted is a passport, photo driving licence, military identification, EU identify card or PASS approved identification. Staff will be trained in this policy and records of that training will be kept.
   

  13    Children will only be permitted entry when accompanied by an adult.
   

  14    Children will be only permitted until 9pm unless they are taking a meal or attending a function, where they will be permitted to stay until the end of the meal or function.
   

  15    Whenever licensable activities are to take place after midnight, SIA registered door supervisors will be employed from 9pm until the premises closes at a ratio of 1 per 75 persons.
   

  16    The supply of alcohol, regulated entertainment and late night refreshment shall be confined to the area (s) as outlined in YELLOW 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