The Imperial Hotel

Wilder Road, Ilfracombe, Devon, EX34 9AL

Completed application 050289 which is a Change of Supervisor for Premises Licence from 22/07/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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        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.

   

  
   

   

   

   

• ANNEX 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                  All bottled drinks shall be served into glasses and the bottles retained in the “bottle Bank” before the drink is made available to the public.

  11    Drinking outdoors shall be strictly forbidden.

  12                  Capacity limits shall be set at the limit as agreed with the Fire Officer to prevent overcrowding, which could lead to crime and disorder.

  13    Photographic proof of age shall be required from anyone seeking to purchase alcohol who appears to be under the age of 18 years`, by way of a valid passport or driving licence.

  14    Irresponsible drinks promotions shall not be permitted.

  15    An anti drug policy shall be in force.

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

  17                  A night manager shall be on duty throughout the night and shall make periodic inspections of the premises.

  18    An incident book shall record details of all instances of public disorder.

  19                  All electrical equipment including portable appliances shall be subject to an annual inspection and test by a competent person and the same shall be recorded.

  20                  Where temporary electrical equipment is used, a suitable circuit breaker device shall be installed to cover this equipment.  The circuit breaker shall operate at a current of 30 amperes and below and shall comply with BS4293.  The device shall be tested monthly and the same shall be recorded.

  21                  The gas system including appliances and the boiler shall be inspected and serviced annually by a CORGI registered gas engineer.  A satisfactory gas safety certificate shall be obtained thereafter.

  22                  All safety certificates and inspection reports shall be kept on site and made available for inspection by relevant officers.

  23    Free drinking water shall be available at all times.

  24                  A qualified first aider shall be available on site at all times.  An adequate and appropriate supply of first aid equipment and materials shall be available on site at all times for use by the first aider.

  25                  The maximum occupancy for the premises shall be set in agreement with the Licensing Authority and North Devon Fire and Rescue, based upon fire safety issues available floor space and the number of WC’s.

  26                  The numbers of members of the public entering the premises shall be entered in a daily log book (as they enter the premises) and this number shall be added to the overnight number of guests as a running total.  Once the maximum occupancy figure has been reached, no further members of the public shall be permitted to enter the premises.

  27                  There shall be a regular collection of empty glasses whilst the premises are open.

  28    All external doors and windows shall be kept shut, other than for access and egress, in the entertainment’s room where the artists are performing, to help contain the noise to within the building.

  29    The manager shall control the sound levels of the entertainment.

  30                  To prevent entertainment being intrusive, noise emanating from the premises shall not be clearly audible from a distance of 1 metre from the facade of the nearest residential property.

  31                  Between 2400 hrs and 0100 hrs, to prevent entertainment being intrusive, noise emanating from the premises shall not be distinguishable above background levels and shall not cause a statutory nuisance.

  32                  Mechanical ventilation systems shall not allow noise from the premises to cause a nuisance by way of their operation.

  33    Annual maintenance of the mechanical ventilation systems shall be carried out to ensure that noise disturbance from such sources does not occur.

  34                  All goods shall be delivered to the premises between 0900 hrs and 1700 hrs.

  35    The incidence of deliveries shall be kept to a minimum.

  36                  The handling of beer kegs and bottles shall not take place in the early morning, evening or during the night to avoid noise nuisance.

  37    Bottle skips and bins shall be emptied outside between 0900 hrs and 1700 hrs.

  38                  Rubbish shall be dealt with outside of the premises between 0900 hrs and 1700 hrs.

  39    All rubbish generated by the premises shall be stored securely in a suitable container for this purpose.

  40    Photographic proof of age shall be required from anyone seeking to purchase alcohol who appears to be under the age of 18 years, by way of a valid passport or driving licence.Numbers of members of the public attending regulated entertainment shall be limited at any one time in accordance with the fire requirements/regulations.

  41    The sale by retail/supply of alcohol and provision of 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

• Premises plan - Page 1 of 2
• Premises plan - Page 2 of 2