Stacc

13-14 The Promenade, Ilfracombe, Devon, EX34 9BD

Completed application 052190 which is a New Application for Premises Licence from 12/12/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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        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, activities and conditions permitted by the premises licence; (iii) How to complete and maintain the refusal register in operation at the premises; (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.
   

  2        Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 3 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.
   

  3        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) or emergency service.
   

  4        Records must be completed within 24 hours of any incident and will contain the date and time, 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.
   

  5        The consumption of alcohol on the premises shall cease at 23:30 hours.
   

  6        Open containers of alcohol shall not be removed from the premises, except for consumption in any delineated external area as shown on the plan attached to the licence.
   

  7        All alcohol on display will be in such a position so as not to be obscured from the constant view of the cashier/staff.
   

  8        There shall be no self-service of alcohol including spirits on the premises.
   

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

  10    A written drugs policy shall be in place and operated at the premises.  It must details the action taken to minimise the opportunity to use or supply illegal substances within the premises.  The policy must be made available for inspection and copying upon request by an authorised officer of a responsible authority.  Security checks will be in place including toilet areas for evidence of drugs.  This will be considered part of the cleaning rota for the toilets.  If substances are found or believed to have been used, the incident will be reported in the log and relevant further action taken as required.
   

  11    The premises shall install, operate and maintain a digital colour CCTV system to the satisfaction of the police and local authority.
   

  12    Public areas of the licensed premises including entry and exit points will be covered. In particular there will be a camera covering the area where alcohol is stored along with the cash till and a camera facing the door and seating area.
   

  13    The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.
   

  14    All equipment must have a constant and accurate time and date generation.
   

  15    All recordings will be stores for a minimum period of 14 days with date and time stamping.
   

  16    Viewable copies of recordings will be provided on request to the police and local authority as soon as is reasonable practicable and in accordance with the Data Protection Act 2018 (or any replacement legislation).
   

  17    The CCTV system will be capable of downloading images to a recognisable viewable format.
   

  18    There will be security measures in place to ensure the integrity of the system to prevent tampering with, and deletion of images.
   

  19    The CCTV system will be fully compliant with the guidance contained in the information Commissioner’s Office (ICO) guidance document www.ico.org.uk (or any renewed equivalent guidance which is subsequently issued).
   

  20    The maximum number of persons at the premises, will be limited to available seating.
   

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

  22    No customer carrying open or sealed bottles, cans or other receptacles containing alcoholic liquor shall be admitted to the premises at any time that the premises are open to the public.
   

  23    The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.
   

  24    Bottle bins shall be provided at the exit doors and staff shall take steps to prevent bottles and glasses being taken from the premises.
   

  25    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 and asked to leave the vicinity as quickly and quietly as possible.
   

  26    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.
   

  27    No music or speech shall be relayed via external speakers other than for events where the prior approval of the Licensing Authority has been obtained.
   

  28    Any moveable furniture will be fitted with rubber (or equivalent) feet.
   

  29    Regular maintenance will be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.
   

  30    The handling of kegs, bottles, cleaning equipment, bottle disposal and similar items shall not take place before 09:00 hours or after 22:00 hours.
   

  31    No deliveries (in relation to licensable activities) to the premises shall take place between 21:00 hours and 09:00 hours.
   

  32    Suitable receptacles will be provided for cigarette litter.
   

  33    Receptacles will be regularly cleaned to ensure that all discarded smoking litter is removed and properly disposed.
   

  34    Steps shall be taken to ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are monitored by staff so as to ensure that there is no public nuisance or obstruction of the public highway.
   

  35    Any outdoor areas to (the front/rear of) the premises must not be used by customers or staff after 23:30 hours.
   

  36    All rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting and lockable lid.
   

  37    No advertisements of any kind (including placard, poster, sticker, flyer, picture, letter, sign or other mark) that advertises or promotes the establishment, its premises, or any of its events, facilities, goods or services shall be inscribed or affixed upon the surface of the highway or street furniture, or upon any building, structure, works, tree etc not in the ownership or control of the Premises Licence Holder, or be distributed to the public.
   

  38    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 immediately outside the premises.  This area shall be swept and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
   

  39    No collections of waste or recycling materials (including bottles) from the premises shall take place between 21:00 hours and 08:00 hours on the following day.
   

  40    No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on a business in the area where the premises are situated.
   

  41    Ventilation equipment will be regularly cleaned and maintained to control the levels of odour generated by the premises.
   

  42    All bar staff, supervisors and managers must be trained in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol and then at least every 6 months.  Training shall be signed and documented.  Training records must be kept on the premises and be made available for inspection and copying to an authorised officer of a responsible authority on request.  The documentation relating to training should extend back to a period of three years and should specify the time, date and details of the persons both providing the training and receiving the training.
   

  43    There will be in place a written age verification policy in relation to the sale or supply of alcohol, which will specify a Challenge 25 proof of age requirement.  All staff working at the premises must ask individuals who appear to be under 25 years of age, attempting to purchase alcohol, to produce identification.  The only acceptable identification documents will be (i) A photo driving licence; (ii) A passport; (iii) An identification card carrying the PASS hologram.  Unless such identification is produced the sale of alcohol must be refused.  This policy will include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18 (proxy sales).
   

  44    The premises shall display prominent signage indicating that a Challenge 25 scheme is in operation.
   

  45    An alcohol sales refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused.  The register will include: (i) the date and time of refusal; (ii) the reason for refusal; (iii) details of the person refusing the sale; (iv) description of the customer; (v) any other relevant observations.  The refusals register will be made available for inspection and copying on request of an authorised officer of a responsible authority.  All entries must be made within 24 hours of the refusal.
   

  46    The supply of alcohol shall 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

• Plan - Page 1 of 1