Bath Hotel

Lynmouth Street, Lynmouth, Devon, EX35 6EL

Completed application 046337 which is a Variation Application for Premises Licence from 03/08/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• any playing of recorded music
• a performance of live music

Additional Conditions

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  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        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).
   

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

  5.              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.
   

  6.              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.
   

  7.              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.
   

  8.              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.

   

  9.              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.

   

  10.              For the purposes of the condition 9 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.

   

  11. Where the permitted price given by Paragraph (b) of Condition 10 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.

   

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

  Condition 10 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        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.

   

  9        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.

   

  10     The supply of alcohol shall be confined to the area (s) as outlined in RED on the attached plan (s).
   

  11     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

   

  1        An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details: Any incidents of disorder or of a violent or anti social nature; All crimes reported to the venue, or by the venue to the police; All ejections of patrons; Any complaints received; Seizures of drugs or offensive weapons; Any faults in the CCTV system; Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.
  Records must be completed within 24 hours of any incident, and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident. The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.
   

  2        Prior to 23.00 hours any drinks taken to the outside area shall only be in toughened or plastic glasses. After 23.00 hours no drinks are to be taken to the outside area and no consumption of drinks will occur after 23.00 hours.
   

  3        Clear and legible signage must be prominently displayed in the outside area specifying that no drinks are to be taken into this area after 23:00 hours.
   

  4        Customers will not be permitted to remove from the premises any drinks supplied by the premises (alcoholic or otherwise) in open containers.
   

  5        The performance of live entertainment will be limited to two evenings per week.
   

  6        A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours.
   

  7        Clear and legible notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and to leave the vicinity as quickly and quietly as possible.
   

  8        When issues are identified approaches will be made to patrons, who will be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity as quickly and quietly as possible.
   

  9        Clear and legible notices shall be prominently displayed at the entrances to the premises advising that if patrons cause any disturbance or disorder admission will be refused as a result.
   

  10    No speakers for amplification of music shall be placed on the outside of the premises or on the outside of any building forming a part of the premises.
   

  11    A telephone number shall be made available and displayed in a prominent location where it can conveniently be read from the exterior of the premises by the public for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons or activities associated with the premises. The telephone number will be a direct number to the management who are in control during opening hours. A record will be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call. Records will be made available for inspection and copying by an authorised officer of a responsible authority throughout the trading hours of the premises.
   

  12    All external doors and windows shall be kept shut at all times when the premises are open/during regulated entertainment. Doors may be opened for normal entrance and egress of people but must be shut immediately after.
   

  13    Staff shall check prior to the commencement of regulated entertainment, and periodically during regulated entertainment that all external windows and doors are shut.
   

  14    During the hours of operation of the premises, sufficient measures will be taken to remove and prevent litter and waste arising or accumulating from customers in the area outside the premises.
   

  15    No drinking vessel, glass or bottle may be taken from the premises.
   

  16    The premises will operate and enforce the challenge 25 scheme.  The only acceptable forms of ID will be a passport, photo driving licence, government approved pass card or military ID bearing a photo, date of birth and either a holographic  mark or ultraviolet feature.

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 1