Latitude 48

96 High Street, Barnstaple, Devon, EX31 1HR

Completed application 054966 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 19/10/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• provision of late night refreshment
• 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        Any person used to carry out a security activity as required under the Annexe 2 conditions must be licensed by the Security Industry Authority.

   

  4        Admission of children (under the age of 18) to any exhibition of films must be restricted in accordance with the film classification body designated as the authority under Section 4 of the Video Recordings Act 1984.

   

  5        Where the film classification is not specified or the relevant licensing authority has notified the premises licence holder under Section 20(3)(b) of the Licensing Act 2003, the admission of children must be restricted in accordance with any recommendation made by the Licensing Authority.
   

  6        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).

   

  7.              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  8.              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.

   

  9.              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.

   

  10.              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.

   

  11.              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.

   

  12.              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.

   

  13.              For the purposes of the condition 12 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.

   

  14. Where the permitted price given by Paragraph (b) of Condition 13 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.

   

  15.              (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of

  Condition 13 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        Monitor local schemes and crime prevention incentives between neighbouring businesses.
   

  2        Adequately sign and light premises entrances and exits.
   

  3        Vigilance in preventing the use and sale of illegal drugs at the retail area.
   

  4        Adequate internal and external lighting shall be provided.
   

  5        Training and implementation of underage ID checks.
   

  6        A logbook or recording system shall be kept upon the premises in which shall be entered particulars of inspections made; those required to be made by statute, and information compiled to comply with any public safety condition attached to the premise’s licence that requires the recording of such information.  The logbook shall be kept available for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.
   

  7        Prominent, clear and legible notices will be displayed at the exit requesting the public to respect the needs of nearby residents and to leave the premises and the area quietly.
   

  8        Deliveries of goods necessary for the operation of the business will be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.
   

  9        The licensee will ensure that staff who arrive early morning or depart late at night (for example, for unpacking, pricing newly delivered goods) when the business has ceased trading, conduct themselves in such a manner to avoid causing disturbance to nearby residents.
   

  10    Customers will be asked not to stand around loudly talking in the street outside the premises.
   

  11    The movement of bins and rubbish outside the premises will be kept to a minimum after 11.00 pm.  This will help to reduce the levels of noise produced by the premises.
   

  12    Any lighting on or outside the premises will be positioned and screened in such a way so as to not cause disturbance to nearby residents.
   

  13    Adequate waste receptacles for use by customers will be provided in the local vicinity.
   

  14    A “Challenge 25” sign shall be provided, which is a retailing strategy that encourages anyone who is over 18, but looks under 25, to carry acceptable ID (a card bearing the PASS hologram, a photographic driving licence or a passport) if they wish to buy alcohol.
   

  15    When the premises are open beyond Midnight , 2 SIA door staff will be employed from 2200 until close of  business.  The following details for each door supervisor will be contemporaneously entered into a register kept for that purpose: (i) Full name; (ii) SIA licence/badge number, and registration number of any accreditation scheme recognised by the Licensing Authority (including expiry date of that registration or accreditation); (iii) The date and time they began their duty; (iv) The date and time they completed their duty; (v) The full details of any agency through which they have been allocated to work at the premises if appropriate.  The register shall be available for inspection and copying at all reasonable times by an authorised officer of a responsible authority.  The register shall be kept at the premises at all times and be so maintained as to enable an authorised officer to establish the particulars of all door supervisors engaged at the premises during the period of not less than 12 months prior to the request.
   

  16    The premises shall install operate and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police and local authority.  All public areas of the licensed premises including entry and exit points will be covered.  The system must record clear images permitting the identification of individuals, and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition.  The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.  All equipment must have a constant and accurate time and date generation.  All recordings will be stored for a minimum period of 30 days with date and time stamping.  Viewable copies of recordings will be provided on request to the Police and local authority officers as soon as is reasonably practicable and in accordance with the Data Protection Act 2018 (or any replacement legislation) a staff member from the premises who is conversant with the operation of the CCTV system, shall be on the premises at all times when the premises are open.  This staff member must be able to provide an authorised officer of a responsible authority, copies of recent CCTV images or data with absolute minimum of delay when requested in accordance with the Data Protection Act 2018 (or any replacement legislation).  The CCTV system will be capable of downloading images to a recognisable viewable format.  There will be security measures in place to ensure the integrity of the system to prevent the tampering with, and deletion of, images.
   

  17    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. This means that 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; (ii) An identification card carrying the PASS hologram.  Unless such identification is produced the sale of alcohol must be refused.
   

  18    All 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 12 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.
   

  19    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.
   

  20    The supply of alcohol shall be confined to the area (s) as outlined in RED on the attached plan (s).
   

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

  22    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

   

  None.

   

   

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 1