The Boathouse

Marine Parade, Instow, Bideford, Devon, EX39 4JJ

Premises Licence PLWA0235 from from 24/11/2005 to 25/01/2018

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• 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        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        Alcohol may be sold or supplied (for one hour following the end of permitted hours and) (on Christmas Day, between 3 p.m. and 7 p.m.) to persons taking table meals in the premises in a part of the premises usually set apart for the serve of such persons and for consumption by such a person in that part of the premises as an ancillary to their meal.  For other purposes or in other parts of the premises the permitted hours shall continue to apply.
   

  10    Children are not permitted in the public bar/restaurant 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 9 p.m. 1st October to 31st March and 10.30 p.m. 1st April to 30th September.  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.
   

  11    There shall be displayed in a conspicuous position and easily read on the outside of the premises a notice or recognisable symbol indicating there is a Childrens' Area.
   

  12    The Childrens' Area shall be clearly identifiable.
   

  13    The Licence holder is to conduct his business so that every precaution is taken to ensure the safety and comfort of children using the premises as a whole including the Childrens' Area, toilets and any other part of the premises where children might bepermitted and any routes between these areas.
   

  14    The premises may remain open for no more than 20 minutes after the end of the period during which the retail sale of alcohol is permitted, as a “wind-down” period.
   

  15    An incident book shall be kept and details shall be recorded of all instances of public disorder.
   

  16    Free drinking water shall be made available at all times that the premises are open to the public.
   

  17    Alcoholic and soft drinks shall be served in toughened glasses.
   

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

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

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

  21    Proof of age shall be required from anyone seeking to purchase alcohol who appears to be under 21 years of age.
   

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

  23    All exit 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.
   

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

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

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

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

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

  29    All gangways, exit ways and treads of steps or stairways shall be maintained with non-slippery and even surfaces.
   

  30    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.
   

  31    Hangings, curtains and temporary decorations shall be maintained in a flame retardant condition.
   

  32    Upholstered seating shall be fire retardant and compliant with current fire safety regulations.
   

  33    Curtains, hangings and temporary decorations shall not obstruct exits, fire safety signs or fire-fighting equipment.
   

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

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

  36    Exit doors shall open outwards.
   

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

  38    In the absence of adequate daylight, the lighting in any area accessible to the public shall be fully operational.
   

  39    Fire safety signs shall be adequately illuminated.
   

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

  43    I shall provide a satisfactory NICEIC or ECA periodic electrical installation report.  The inspection shall be carried out annually and I shall provide a new report each year.
   

  44    I shall provide a satisfactory NICEIC or ECA periodic emergency lighting report.  The inspection will be carried out annually and I shall provide a new report each year.
   

  45    I shall provide confirmation of public liability insurance in the minimum sum of £2 million.  A new certificate shall be provided each year.
   

  46    I shall provide a certificate of inspection for portable fire fighting equipment.  The inspection shall be carried out annually and I shall provide a new certificate each year.
   

  47    I shall provide a certificate of inspection for any fire detection alarm at the premises. The inspection shall be carried out annually and I shall provide a new certificate each year.
   

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

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

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

  51    The premises shall be adequately vented to prevent nuisance from noxious smells.
   

  52    ‘No smoking at the bar’ shall be enforced.
   

  53    The sale by retail/supply of alcohol and regulated entertainment shall be confined to the area (s) as outlined/hatched in RED on the attached plan (s).

   

   

• ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING

   

  None.

   

   

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plans - Page 1 of 2
• Plans - Page 2 of 2