The Chill Bar @ Onefyfive

155 High Street, Ilfracombe, Devon, EX34 9EZ

Completed application 050838 which is a Cancellation/Surrender for Premises Licence from 11/10/2017 to 05/04/2019

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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
• 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 may remain open for no more than 30 minutes after the end of the period during which the retail sale of alcohol is permitted.
   

  2        An incident book and record details of all instances of public disorder shall be kept.
   

  3        Seats shall be available to accommodate one third of the maximum capacity of the premises.
   

  4        The maximum number of persons to be admitted to the premises at any one time for the purpose of public entertainment events shall not exceed 100 for the lower ground floor and 60 for the ground floor.
   

  5        Door supervisors shall be employed from 2100hrs until the cessation of business on a Friday and Saturday night.
   

  6        Door supervisors shall be employed at a ratio of 1:75.
   

  7        CCTV shall be installed and working to the satisfaction of the Police and Local Authority.
   

  8        Recordings shall be maintained for an appropriate period of time (generally one month - but to be agreed with the Police and Local Authority).
   

  9        If the CCTV equipment is inoperative immediate steps shall be taken to make the equipment operative.
   

  10    A notice shall be displayed at the entrance to the premises advising that CCTV is in operation.
   

  11    No customers carrying open or sealed bottles or glasses shall be admitted to premises at any time.
   

  12    No customers shall be permitted to take open containers of alcoholic or soft drinks from the premises.
   

  13    All bottles and glasses shall be removed from public areas as soon as they are finished with or empty.
   

  14    A proof of age policy to the satisfaction of the police and the Local Authority shall be in place.
   

  15    All-inclusive nights or other irresponsible drinks promotions shall not be permitted.
   

  16    An anti drug policy agreed by the police and local authority shall be in force.
   

  17    A secure facility to store controlled drugs shall be available.
   

  18    There shall be no admission to the premises after 2400hrs on any day.
   

  19    All exits 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.
   

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

  21    Exit doors shall be regularly checked to ensure they function satisfactorily.  Records of these checks will be kept and produced on request.
   

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

  23    All fire doors shall be maintained effectively self-closing and shall not be held open other than by approved devices.
   

  24    Fire resisting doors to service shafts, ducts and cupboards shall be kept locked shut.
   

  25    Step and stair edges shall be highlighted  so as to be conspicuous.
   

  26    All floor coverings shall be secured and maintained so that they will not ruck.  Mats shall be fitted into matwells, so as to be flush with the floor surface.
   

  27    Hangings, curtains and temporary decorations shall not obstruct exits, fire safety signs or fire-fighting equipment.
   

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

  29    Access shall be provided for emergency vehicles and this access shall be kept clear and free from obstruction.
   

  30    Fire drill and emergency lighting tests shall be conducted monthly. Records of these tests shall be made available to the Licensing Authority upon request.
   

  31    All fire exits and means of escape shall be signed in accordance with BS5499.
   

  32    An evacuation policy shall be in place that is to the satisfaction of the Fire Authority.  All staff members shall be trained in the evacuation policy; and what to do in the event of a fire.
   

  33    The fire brigade shall be called to any outbreak of fire.
   

  34    Wall and ceiling finishes shall be fire resistant.
   

  35    Exit doors shall open outwards (or will be secured in the open position).
   

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

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

  38    Fire safety signs shall be adequately illuminated.
   

  39    Emergency lighting shall not be altered.
   

  40    Emergency lighting batteries shall be fully charged before the admission of the public.
   

  41    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.
   

  42    Where the emergency lighting battery has a capacity of three hours, evacuation of the premises shall be possible within one hour.
   

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

  44    A conspicuous notice clearly stating the location of the nearest telephone and correct method of summoning the fire brigade shall be displayed in the foyer of or in the entrance to the premises.
   

  45    Noise or vibration shall not be audible at the facade of any noise sensitive premises.
   

  46    Sufficient ventilation shall be provided so that doors and windows can be kept closed.
   

  47    Noise limiters shall be fitted to amplification equipment to ensure that noise emission levels can be properly controlled.
   

  48    Prominent, clear and legible notices shall be displayed at all exits requesting patrons to respect  the needs of local residents and to leave to premises and the area quietly.
   

  49    The use of explosives, pyrotechnics and fireworks of a similar nature which could cause disturbance in surrounding areas shall be restricted.
   

  50    Offensive odours shall not be emitted beyond the boundary of the premises.
   

  51    Flashing or bright lights shall only be placed in positions that do not cause a nuisance to neighbours.
   

  52    The external and internal lobby doors to the premises into Fore Street shall not be restrained in the open position whilst public entertainment events are taking place and shall remain closed at all times other than when patrons are entering or leaving the premises.
   

  53    No person under the age of 18 shall be permitted to the lower ground floor.
   

  54    The sale by retail of alcohol, regulated entertainment and late night refreshment shall 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