South Molton Town Hall

5 Broad Street, South Molton, Devon, EX36 3AB

Completed application 048921 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 28/01/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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        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 (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).

   

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

   

  7.              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.

   

  8              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.

   

  9              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.

   

  10. 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.

   

  11.              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.

   

  12. For the purposes of the condition 11 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.

   

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

   

  14.              (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of Condition 12 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 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.

   

  2.              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.

   

  3.              Occupancy Rates:             

                                                                                                                                             

                Assembly Room and Small Hall: Dance/Informal 300.Total not to exceed 300

                Sole use of Assembly Room: Dance/Informal 300. Total not to exceed 300

                Sole use of Small Hall: Dance/Informal 50. Total not to exceed 50

                Not to exceed Total ( Dance/Informal) 300

   

                Assembly Room & Small Hall: Closely seated 250. Total not to exceed 250

                Sole use of Assembly Room: Closely seated 200. Total not to exceed 200

                Sole use of Small Hall: Closely seated 50. Total not to exceed 50

                Not to exceed Total (Closely Seated) 250

   

                When the Assembly Room and Small Hall are used simultaneously, there shall be no more than 50 persons permitted in the Small Hall.

   

  4.              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.

   

  5.              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.

   

  6.              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.

   

  7.              When meetings are held where young people will be present, bar facilities shall not be available.

   

  8.              The organiser of an event shall be required to nominate one person ( and additional stewards where applicable) and those persons shall be required to attend the Town Hall for instruction and training in what to do in case of fire. A certificate shall be issued to persons so instructed, so that on the occasions of future hires, a further period of instruction shall not be necessary.

   

  9.              The organiser shall ensure that stewards/officials are to be sited outside the doors leading from the Assembly Room to (a) the Court Room and (b) corridor.

   

  10.              The organiser shall ensure that the pair of inward opening doors situated a each main entrance at ground level shall be secured in the open position whenever the premises accommodate more than 50 persons.

   

  11.              The organiser is also required to appoint a nominated deputy who will co-ordinate the actions to be taken in event of a fire. That person shall also be trained.

   

  12.              There shall be no drunkenness, disorderly conduct, or any acting, recitation, singing or dancing which is of an obscene or offensive nature or character permitted on the premises.

   

  13.              Shall ensure that no disturbance is caused to nearby residents, passers by, or the occupants of adjacent premises and use its best endeavours to ensure that at the close of any licensed entertainment, patrons disperse as quietly as possible.

   

  14.              No portable heating appliance shall be permitted on the premises during the time they are used for the purpose to which the Premises Licence applies.

   

  15.              During the time the public are on the premises, the use of pyrotechnics shall be prohibited other than on a stage which is capable of being separated from the public by a fire resistant curtain.  In this connection, pyrotechnics means the use of apparatus or other devices for the production of smoke, coloured smoke or firework-like effects. Oil lamps and candles are also prohibited, as is the use of naked lights or flames.

   

  16.              All doors must be kept closed at all times. In no circumstances must doors be kept open by the use of ‘chocks’ or other devices.

   

  17.              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.

   

  18.              A log book 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.

   

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

   

  20.              The licensee or nominated person, before admittance of the public, shall:-

   

                Check that every exit door is unlocked and shall easily open fully 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.

   

  21.              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 routes shall be displayed next to the licence.

   

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

   

  23.              The sale by retail of alcohol shall be confined to the area (s) as outlined in RED on the attached plan (s).

   

  24.              Regulated entertainment shall be confined to the area (s) as outlined in BLUE on the attached plan (s).

   

   

   

   

   

• ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING

   

  None.

   

   

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 2
• Plan - Page 2 of 2