Riverside Cottage

10 Lynmouth Street, Lynmouth, Devon, EX35 6EH

Completed application 041819 which is a Change of Supervisor for Premises Licence from 10/04/2015 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        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.

   

  4        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.
   

  5        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).
   

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

   

  7.              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.

   

  8.              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.

   

  9.              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.

   

  10.              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.

   

  11.              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.

   

  12.              For the purposes of the condition 11 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.

   

  13. Where the permitted price given by Paragraph (b) of Condition 12 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.

   

  14.              (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        Food shall be available at all times the premises are open to the public. 
   

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

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

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

  5        Consideration will be given to setting capacity limits to prevent overcrowding which could lead to crime and disorder.
   

  6        This capacity figure will be based on advice from the Police, Fire or local authority.
   

  7        A proof of age policy to the satisfaction of the Police and the local authority will be in place.
   

  8        All-inclusive nights or other irresponsible drinks promotions will not be permitted.
   

  9        An anti-drug policy agreed by the Police and local authority will be in place.
   

  10    Crime prevention notices will be displayed warning customers of the prevalence of crime which may target them, e.g. bags should not be left unattended, watch out for pickpockets.
   

  11    A detailed Customer Code of Conduct poster will be displayed warning customers that if they act in an inappropriate manner, they could be barred from all licensed premises in the vicinity.
   

  12    Any restrictions on the admission of children to the premises will be displayed outside the premises.
   

  13    A person holding the National Licensee’s Certificate will be on the premises at all times when alcohol is being served or regulated entertainment provided.
   

  14    An incident book will be kept and all instances of public disorder shall be recorded in it.
   

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

  16    Means of escape will be maintained unobstructed, immediately available and clearly identifiable.
   

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

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

  19    Step and stair edges will be highlighted so as to be conspicuous.
   

  20    All gangways, exit ways and treads of steps and stairways will be maintained with non-slippery and even surfaces.
   

  21    Hangings, curtains and temporary decorations will be maintained in a flame retardant condition.
   

  22    Upholstered seating will be fire retardant and compliant with current fire safety regulations.
   

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

  24    Access will be provided for emergency vehicles and this access will be kept clear and free from obstruction.
   

  25    An evacuation policy will be in place that is to the satisfaction of the Fire Authority. All staff members will be trained in the evacuation policy.
   

  26    When disabled people are present, adequate arrangements will exist to enable their safe evacuation in the vent of an emergency.
   

  27    Disabled people on the premises will be made aware of these arrangements.
   

  28    Adequate and appropriate supply of fist aid equipment and materials will be available on the premises.
   

  29    At least one suitable trained first aider will be on duty when the public are present.
   

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

  31    Fire safety signs will be adequately illuminated.
   

  32    Emergency lighting will not be altered.
   

  33    A satisfactory NICEIC or ECA periodic electrical installation report shall be provided. The inspection shall be carried out annually and a new report provided each year.
   

  34    A certificate of inspection for portable fire fighting equipment shall be provided. The inspection shall be carried out annually and a new certificate provided each year.
   

  35    Free drinking water will be made available at all times the premises is open to the public.
   

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

  37    The placing of bottles into receptacles outside the premises will take place at times that will minimise disturbance to nearby properties.
   

  38    The sale by retail of alcohol, regulated entertainment and late night refreshment 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