Calvert Trust Exmoor

Wistlandpound, Kentisbury, Barnstaple, Devon, EX31 4SJ

Completed application 048518 which is a Change of Supervisor for Premises Licence from 31/07/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• a performance of dance
• any playing of recorded music
• 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        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.

   

  5        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.
   

  6        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).
   

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

   

  8.              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.

   

  9.              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.

   

  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 either a holographic mark or an ultraviolet feature.

   

  11.              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.

   

  12.              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.

   

  13.              For the purposes of the condition 12 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.

   

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

   

  15.              (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 times permitted to sell alcohol do not prohibit or restrict the supply to, or consumption by, any person of alcohol in any premises where the premises are bona fide used, or intended to be used, for the purpose of habitually providing for reward, board and lodging, including breakfast and at least one customary main meal.

   

  2        The times permitted to sell alcohol do not prohibit or restrict the sale of alcohol to a trader for the purposes of their trade or to a club with a Club Premises Certificate for the purposes of the club.

   

  3        The times permitted to sell alcohol 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 times permitted to sell alcohol do not prohibit or restrict the taking of alcohol from the premises by a person residing there.

   

  5        The times permitted to sell alcohol 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 times permitted to sell alcohol 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 times permitted to sell alcohol 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 forces.

   

  8        Children are not permitted in the Games/Hall first floor area unless meals and non-alcoholic beverages are available for sale for consumption in that area and, they are in the company of a person aged 18 or over and are there prior to 10 p.m.  In such circumstances, they may remain in the specified area for thirty minutes after the certificate has ceased to have effect for the consumption of refreshments.
   

  9        There shall be displayed in a conspicuous position and easily read on the outside of the premises a notice or recognisable symbol indicating that there is a certificate in force.
   

  10    The areas to which the licence applies shall be clearly identifiable.
   

  11    Every precaution must be taken to ensure the safety and comfort of children using the premises as a whole including any areas covered by the licence, toilets and any other part of the premises where children might be permitted and any routes between these areas.

   

  12    The times permitted do not prohibit or restrict, 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.

   

  13    The times permitted to sell alcohol do not prohibit or restrict the sale or supply of late night refreshment (which does not include alcohol) on the premises for a period of thirty minutes after the end of permitted hours.
   

  14    No intoxicating liquor shall be sold or supplied otherwise than to:
  
                (a) persons residing in the residential accommodation at the Centre while participating in its activities;
  (b) persons attending the Centre on a daily basis whilst participating as aforesaid;
  (c) persons present at the Centre as bona fide helpers to assist those attending to participate as aforesaid;
  (d) the Trustees and Management Committee of the Centre and persons employed to further its activities;
  (e) persons attending at the Centre as invited guests of the Trustees or Management Committee of the Centre or to attend a function held by them on the premises; or
  (f) persons attending pre-arranged and pre-booked conferences, seminars, meetings and fund raising events.
   

  15    Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises.
   

  16    No intoxicating liquor shall be sold or supplied to persons under the age of 18 years in conjunction with condition number 1 above.
   

  17    All entertainment activities will be supervisored by staff.

   

  18    The sale by retail/supply of alcohol and regulated entertainment will be confined to the area (s) as outlined in RED 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 1