Jube

South Street, Woolacombe, Devon, EX34 7BB

Completed application 051977 which is a Transfer Application for Premises Licence from 01/10/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• provision of late night refreshment

Additional Conditions

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  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 permitted hours for the sale by retail of alcohol in the area licensed for regulated entertainment shall end at midnight on any day on which music and dancing is not provided after midnight.
   

  2        On any day that music and dancing ends between midnight and 2.00am, the permitted hours for the retail sale of alcohol in the area licensed for regulated entertainment shall end when the music and dancing ends (inline with the timings for the retail sale of alcohol).
   

  3        In relation to the morning on which summer time begins, condition (2) shall have effect with the substitution of references to three o’ clock in the morning for references to two o’ clock in the morning (or one hour following the hour actually specified in the certificate where the certificate currently requires closure between 1 a.m. and 2 a.m.).
   

  4        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.

   

  5        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.

   

  6        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.

   

  7        The times permitted to sell alcohol do not prohibit or restrict the taking of alcohol from the premises by a person residing there.

   

  8        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.

   

  9        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 business 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.

   

  10    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.

   

  11    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.
   

  12    Children are not permitted in the licensed area unless they are in an area shown on the plan attached to the licence, 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 10 p.m.: Monday to Sunday (1st April or Good Friday whichever is sooner to 30th September) and Monday to Sunday to 9 p.m. (1st October to Maundy Thursday or 31st March) .  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.
   

  13    Occupancy Rates: Ground Floor Area:  Dance/Informal - Total Not to Exceed 180.
   

  14    The persons or persons having effective control of the premises shall make efficient arrangements for ensuring that the maximum number of persons permitted to be on the premises at any one time is not exceeded.
  

  15    Such arrangements to include provisions whereby any authorised Officer of the Licensing Authority or the Devon Fire & Rescue Service can determine the number of persons present (without a physical count).
   

  16    The volume of any apparatus used shall be under the control of the Management, from a part of the premises, which is not accessible to the public.
   

  17    All means of escape, i.e. corridors, gangways, passages, stairways, exitways etc. shall be kept free from obstruction at all times when members of the public are on the premises.
   

  18    The installation and maintenance of CCTV cameras in accordance with the following conditions:
   

  19    At all times when the licensed premises are open a CCTV camera that enables the visual identification of any person exiting the premises via the main entrance to be recorded shall be in operation.  For the purpose of this condition, the requirement of enabling visual identification shall mean in image of "Identification" standard as identified in the CCTV Procedure and Information Sheet that accompanies this Licence.
   

  20    Subject to condition 21 below, all images from the CCTV camera shall be recorded on either an analogue or digital recording system.
   

  21    A digital recording system of CCTV images shall only be used if the licensee also has the ability to download any recording onto standard VHS videotape.
   

  22    Where a video tape recording system is being operated then a separate video cassette shall be used for each day of the month.
   

  23    No recorded images shall be deleted or altered in any way for a minimum of thirty clear days from the date that the recording took place, and the images shall be stored in a secure place in a manner that will enable identification of the date when the recording was taken.
   

  24    At all times whilst any CCTV camera is in operation on the licensed premises at least one sign shall be on prominent display within the licensed premises advising patrons of the name and address of the owners of the licensed premises, that CCTV cameras are in operation, that their physical images may be recorded and explaining the reason why CCTV cameras are being used.
   

  25    The roof light shall remain closed at all times whilst regulated entertainment is taking place.
   

  26    The rear fire door onto Hunter Lane shall remain closed at all times whilst regulated entertainment is taking place other than in the case of any emergency.
   

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

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

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

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

  31    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.
   

  32    There shall be an annual inspection of all portable fire-fighting equipment, emergency lighting, electrical installation and gas appliances, a copy of which shall be kept at the premises and shall be made available for inspection by an authorised officer.
   

  33    All fire exits and means of escape shall be signed in accordance with BS5499.
   

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

  35    Noise or vibrations shall not be audible at the facade of any noise sensitive premises.
   

  36    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.
   

  37    A proof of age policy shall be operated to prevent the sale to or consumption of alcohol by persons under age.
   

  38    Gaming machines which are installed shall be visible from the bar servery.

   

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

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

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

   

   

   

  42   
   

• ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING

   

  1.  Two SIA registered doormen shall be on the premises on Fridays and Saturdays from 22:00 hours until the premises close.

   

  2.  The external decked area shall be closed and made inaccessible to the public at 23:00 hours.

   

  3.  The premises shall operate a refusals book to run in conjunction with the "Proof of Age" policy.

   

  4.  All recorded music shall be played through the house system and the Local Authority Environmental Protection Officers shall be consulted on the location and installation of loudspeakers and the appropriate level of sound for the premises.

   

   

   

   

   

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 1