Summerland Stores

1 Summerland Street, Barnstaple, Devon, EX32 8JJ

Completed application 054751 which is a Minor Variation Application for Premises Licence from 19/07/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• ANNEXE 1 - MANDATORY CONDITIONS (PREMISES LICENCE - 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 holder of a premises licence must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
   

  4.              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.
   

  5.              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.
   

  6.              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.

   

  7.              For the purposes of the condition 6 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.

   

  8.               Where the permitted price given by Paragraph (b) of Condition 7 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.

   

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

  Condition 7 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 sale of alcohol of all descriptions is authorised by this Licence.
   

  2        Alcohol shall not be sold in an open container or be consumed in the licensed premises.

   

  3        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.

   

  4        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.

   

  5        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.

   

  6        The above restrictions do not prohibit or restrict, during the first twenty minutes after permitted hours, the taking of alcohol from the premises, unless the alcohol is supplied or taken in an open vessel.

   

  7        The above restrictions do not prohibit or restrict, the ordering of alcohol to be consumed off the premises or the dispatch by the vendor of the alcohol so ordered.
   

  8        All staff engaged in licensable activity at the premises will receive training and information in relation to the following: (i) The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable; (ii) The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence; (iii) How to complete an maintain the refusal register in operation at the premises (in relation to the sale of alcohol); (iv) Recognising the signs of drunkenness; (v) The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase; (vi) Action to be taken in the event of an emergency, including reporting an incident to the emergency services.
   

  9        Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12 month intervals.  Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.  Training records will be retained for at least 12 months.
   

  10    An incident log shall be kept and maintained at the premises which will include a log of the following , including pertinent details: (i) Any incidents of disorder or of a violent or anti-social nature; (ii) All crimes reported to the venue, or by the venue to the police; (iii)All ejections of patrons; (iv) Any complaints received; (v) Seizures of drugs or offensive weapons; (vi) Any faults in the CCTV system; (vii) Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.
   

  11    Records must be completed with 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.
   

  12    No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (alcohol by volume) or above shall be sold at the premises in multiples of less than four items, except for premium beers and ciders supplied in glass bottles.  Notices to this effect will be displayed both in the window facing the pavement and on the counter near the till.
   

  13    No miniature bottles of spirits of 20cl or less shall be sold from the premises.
   

  14    The premises shall install, operate and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police and Local Authority.  All public areas of the licensed premises including entry and exit points will be covered.  The system must record clear images permitting the identification of individuals, and in particular enable facial recognition images (clear head and shoulder image) of every person entering and leaving in any light condition.  All recordings will be stored for a minimum period of 31 days with the date and time stamping.  The CCTV system will be capable of downloading images to a recognisable viewable format.

   

  15    The sale by retail/supply of alcohol 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

• Premises plan - Page 1 of 1