St Anne's Arts & Community Centre

Paternoster Row, Barnstaple, Devon, EX31 1BJ

Completed application 046755 which is a New Application for Premises Licence from 29/09/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• 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
• 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        All staff engaged in licensable activity at the premises will receive training and information in relation to the following: (i) The Challenge 21 scheme in operation at the premises, including the forms of identification that are acceptable; (ii) The hours and activities permitted by the premises’ licence issued under the Licensing Act 2003 and conditions attached to the licence; (iii) How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol; (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 will be recorded in documentary form and be regularly refreshed at no greater than annual intervals and always at the outset when someone takes on a role for the first time.  Training records will 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 will 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 visits by a responsible authority (under the Licensing Act 2003) or emergency service.
   

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

  5        The logs will 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.
   

  6        The consumption of alcohol on the premises will cease at 22:30 and open containers of alcohol will not be removed from the premises.  There will be no consumption of alcoholic beverages purchased from the premises outside the premises.  Customers will not be permitted to remove from the premises any alcoholic drinks supplied by the premises in open containers.
   

  7        There will be a personal licence holder on duty on the premises at all times when the premises is authorised to sell alcohol.  Outside of the hours authorised for the retail sale of alcohol and whilst the premises are open to the public, all alcohol within the premises will be secured in a locked cabinet, so as to prevent access to the alcohol by both customers and staff.  No super-strength beer, lagers, ciders or spirit mixtures of 5.5% ABV (Alcohol by Volume) or above will be sold at the premises, except for premium beers and ciders supplied in glass bottles.
   

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

  9        All alcohol served will be served by staff.  There will be no self-service of spirits or any other sold alcohol.
   

  10    A written drugs’ policy will be in place and operated at the premises.  It will detail the actions taken to minimise the opportunity to use or supply illegal substances within the premises.  The policy will be made available for inspection and copying upon request by an authorised officer of a responsible authority.
   

  11    A structured training programme surrounding substance misuse will be in place.  Training will be undertaken at regular intervals for all staff that deal with persons who are in the possession of, or incapacitated through the use of drugs or the combined effect of drugs and alcohol.
   

  12    Records will be maintained detailing the time and date of substance misuse training, the people who received the training, and the name of the person delivering the training.
   

  13    Records will be available for inspection by an authorised officer of a responsible authority at all reasonable times.  The records will be retained for at least 12 months.
   

  14    A clear and legible Notice will be prominently displayed at all entrances to the premises, advising those attending that the Police will be informed if anyone is found in possession of controlled substances or weapons.
   

  15    The maximum number of persons (including staff and entertainers) allowed at the premises shall not exceed 60.  The Premises’ Licence Holder or nominated person shall ensure that the accommodation limit(s) specified on the licence is/are not exceeded and shall be aware of the number of people on the premises at all reasonable times.  This information shall be immediately available on the request of an authorised officer of a responsible authority.
   

  16    A suitable system will be in place to accurately indicate the number of customers (including staff, entertainers, etc.) on the premises at any time.
   

  17    Adequate procedures will be implemented to ensure overcrowding (such as that which may cause injury through crushing), does not occur in any part of the premises.
   

  18    In the absence of adequate daylight, artificial lighting in any area accessible to the public will be fully operational whilst the public is present.
   

  19    No drinking vessel, glass or bottle will be allowed to be taken from the premises.  No customers carrying open or sealed bottles, cans or other receptacles containing alcoholic liquor, will be admitted to the premises at any time that the premises is open to the public.  Patrons permitted to temporarily leave and then re-enter the premises, will not be permitted to take drinks or glass containers with them.
   

  20    The performance of live entertainment will be limited to a maximum duration of 4 hours, inclusive of any breaks.  A written dispersal policy will be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours.
   

  21    Clear and legible Notices will be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and to leave the vicinity as quickly and quietly as possible.
   

  22    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 or any car park; and asked to leave the vicinity as quickly and quietly as possible.
   

  23    During the final hour of trading, appropriate announcements will be made or images projected to remind patrons of the need to leave the premises quietly without causing annoyance, nuisance or disturbance to local residents.
   

  24    No speakers for amplification of music will be placed on the outside of the premises or on the outside of any building forming a part of the premises or in the entrance lobby.
   

  25    No music or speech will be relayed via speakers, other than for events where the prior approval of the Licensing Authority has been obtained.
   

  26    All internal speakers shall be attached to independent wall linings and not to the ceiling.
   

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

  28    Any generator will be positioned away from residential premises and in the case of a mobile van, positioned so that the vehicle acts as a screen.
   

  29    Between 11.00 am and 23:00, the noise climate of the surrounding area will be protected and monitored and if measurement is required, The Plough Arts Centre will engage with the Environmental Health Authority to undertake the measurements and take any actions, as required.
   

  30    A telephone number will be made available and displayed in a prominent location where it can conveniently be read from the exterior of the premises by the public for local residents to contact in the case of noise nuisance or anti-social behaviour by persons or activities associated with the premises.  The telephone number will be a direct number to the management who are in control during opening hours.  A record will be kept by managers of all calls received, including the time, date and information of the caller, including action taken following the call.  Records will be made for inspection and copying by an authorised officer of a responsible authority throughout the trading hours of the premises.
   

  31    The Premises’ Licence Holder or Designated Premises’ Supervisor shall be available at all times during regulated entertainment and be responsible for co-operating and liaising with any responsible authority.
   

  32    All external doors and windows shall be maintained in good order.
   

  33    Staff shall check prior to the commencement of regulated entertainment and periodically during regulated entertainment that all external windows and doors are shut.
   

  34    All the rubbish produced by the premises will be stored securely in a designated area or in a bin with a tight fitting and lockable lid.  All waste shall be properly presented and placed out for collection at times designated by the authorities and not outside these times.
   

  35    The use of lighting outside the entrance hall shall cease at 23:00 hours except for health and safety or security reasons.
   

  36    The windows and other glazed areas are to be fitted with blinds to prevent light breakout from strobe or other flashing lights’ equipment.
   

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

  38    All staff will be trained in the legality and procedure of alcohol sales, using the SWERCOTS’ online training pack (or equivalent), prior to undertaking the sale of alcohol and then at least every 12 months.  Training will be signed and documented.  Training records will 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 will extend back to a period of three years and specify the time, date and details of the persons, both providing the training and receiving the training.  There will be in place a written age verification policy in relation to the sale or supply of alcohol, which will specify a Challenge 21 proof of age requirement.  This means that staff working at the premises will ask individuals who appear to be under 21 years of age, attempting to purchase alcohol, to produce identification.  The only acceptable identification documents will be: A photograph driving licence; A passport; An identification card carrying the PASS hologram.  Unless such identification is produced, the sale of alcohol will be refused.
   

  39    This policy will include documented steps taken to prevent adults from purchasing alcohol for, or on behalf of, children under 18.
   

  40    The premises will display prominent signage indicating that a Challenge 21 scheme is in operation.  An alcohol sale’s refusal will 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.
   

  41    The refusals’ register will be made available for inspection and copying on request of an authorised officer of a responsible authority.
   

  42    All entries will be made within 24 hours of the refusal.
   

  43    Notwithstanding the mandatory condition imposed by Section 20 of the Licensing Act 2003 (above), the exhibition of films pursuant to this licence will be restricted to films that have been classified as Universal (U) or Parental Guidance (PG) by the designated film classification body.
   

  44    The supply of alcohol and regulated entertainment shall be confined to the area (s) as outlined in PINK 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