Black Sands Bistro

3 St James Place, Ilfracombe, Devon, EX34 9BH

Completed application 032731 which is a Transfer Application for Premises Licence from 25/01/2011 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the sale by retail of alcohol
• provision of late night refreshment

Additional Conditions

• ANNEXE 1 - MANDATORY CONDITIONS

   

  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 shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
   

  4        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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

  (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; (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

  (i) the outcome of a race, competition or other event or process, or

  (ii) the likelihood of anything occurring or not occurring;

  (e) 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.
   

  5        The responsible person shall ensure that no alcohol is dispensed 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).
   

  6        The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.
   

  7        The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
   

  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 a holographic mark.
   

  9        The responsible person shall 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; and

  (b) customers are made aware of the availability of these measures.

   

• ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

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

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

  3        The premises shall be adequately ventilated in all areas to which the staff and public have access.

  4        A crime prevention policy agreed by the Police and Local Authority will be in place if required.

  5        Food shall be available at all times the premises are able to serve alcohol.

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

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

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

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

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

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

  12    The maximum number of persons allowed on the premises shall be in accordance with advice from the Fire Officer.

  13    A proof of age policy to the satisfaction of the Police and Local Authority will be in place.

  14    All exit doors shall be easily openable without the use of a key, card, code or similar means and will be available for egress while the public are on the premises.

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

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

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

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

  19    All floor coverings shall be secured and maintained so that they will not ruck.

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

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

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

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

  24    The Fire Brigade shall be called to any outbreak of fire.

  25    Wall and ceiling finishes shall be fire resistant.

  26    Exit doors shall open outwards (or shall be secured in the open position); save for the main door.

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

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

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

  30    Emergency lighting shall not be altered.

  31    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.

  32    Confirmation of public liability insurance in the minimum sum of £2 million shall be provided.

  33    An annual certificate of inspection for portable fire fighting equipment shall be provided.

  34    An annual certificate of inspection for any fire detection alarm at the premises shall be provided.

  35    A variation of the premises licence shall be sought for any alteration of the premises which would make it impossible to comply with an existing licence condition.

  36    Alternative steps to be taken to take the public safety objective shall be proposed if necessary.

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

  38    Searching as a condition of entry shall be considered at all times and shall be mandatory when directed by the Police.

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

  40    Unreasonable noise shall not be audible at the facade of any noise sensitive premises after 00:30 hours.

  41    Deliveries and collections by vehicles shall not take place between the hours of 23:00 hours and 07:00 hours.

  42    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.

  43    A proof of age policy agreed by the Police and Local Authority shall be enforced.

  44    If children are allowed on the premises, a “no smoking” area of such a size and design that it genuinely provided a suitable, comfortable area for children and families wishing to be separated from smoking areas shall be provided.

  45    The sale by retail of alcohol shall be confined to the area (s) as outlined in RED on the attached plan (s).

  46    Regulated entertainment shall be confined to the area (s) as outlined in BLUE on the attached plan (s).

  47    Late night refreshment shall be confined to the area (s) as outlined in GREEN on the attached plan (s).

   

• ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING

   

  1        The use of the garden area for the consumption of food and alcohol shall cease at 23:00 hours.
   

  2        The playing of recorded music shall be restricted to the inside of the premises.

   

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 1