Moorish

Waytown Farm, Kentisbury, Barnstaple, Devon, EX31 4NS

Completed application 042013 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 13/05/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• ANNEXE 1 - MANDATORY CONDITIONS

   

  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 shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
   

  4        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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

  (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;

  (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

  (i) the outcome of a race, competition or other event or process, or

  (ii) the likelihood of anything occurring or not occurring;

  (e) 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.
   

  5        The responsible person shall ensure that no alcohol is dispensed 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 shall ensure that free tap water is provided on request to customers where it is reasonably available.
   

  7        The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.
   

  8        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 a holographic mark.
   

  9        The responsible person shall 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; and

  (b) customers are made aware of the availability of these measures.

   

   

  Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014

  Additional Mandatory Licensing Condition

   

  1. 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.
   

  2. For the purposes of the condition set out in paragraph 1-

  (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.

   

  3. Where the permitted price given by Paragraph (b) of paragraph 2 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.

   

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

  paragraph 2 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        A policy will be in place for escorting all patrons exit the premises safely and in an orderly fashion.
   

  2        Seats will be available to accommodate one third of the maximum capacity of the premises.
   

  3        The ‘Mobile Bar’ licensed for the retail sale of alcohol will only be situated in the field as marked in red on the attached plan.
   

  4        The Shop and General Store shall be confined to Off Sales only.
   

  5        On Sales shall only be permitted in the Cafe and the Mobile Bar.
   

  6        CCTV will be installed and working to the satisfaction of the Police and Local Authority.
   

  7        Recordings will be maintained for an appropriate period of time (generally one month - but to be agreed with Police and Local Authority).
   

  8        A notice will be displayed at the entrance to the premises advising that CCTV is in operation.
   

  9        Alcoholic and soft drinks will be served in mainly plastic or toughened glasses.
   

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

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

  12    Any police requirements will be complied with at all times.
   

  13    An Incident book will be kept and details of all instances of public disorder will be recorded.
   

  14    Door supervisors may be required to ensure the capacity limits are controlled.
   

  15    An anti drug policy agreed by the Police and local authority will be in force.
   

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

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

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

  19    Any removable security fastenings will be removed whenever the premises are open to the public or staff.
   

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

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

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

  23    All floor coverings will be secured and maintained so that they will not ruck.  Mats will be fitted into mat wells so as to be flush with the floor surface.
   

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

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

  26    Curtains, hangings and temporary decorations will not obstruct exits, fire safety signs or fire-fighting equipment.
   

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

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

  29    Fire drill and emergency lighting tests will be conducted monthly.  Records of these tests will be made available to the Licensing Authority upon request.
   

  30    All fire exits and means of escape will be signed in accordance with BS5499.
   

  31    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.
   

  32    The fire brigade will be called to any outbreak of fire, however slight.
   

  33    Wall and ceiling finishes will be fire resistant.
   

  34    Exit doors will open outwards (or will be secured in the open position).
   

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

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

  37    Adequate and appropriate supply of first aid equipment and materials will be available on the premises.
   

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

  39    If more than one first aider is present, their respective duties will be clearly defined.
   

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

  41    Emergency lighting will not be altered.
   

  42    An OFTEC certificate of inspection in respect of any oil-fired boiler or appliance will be provided.  The inspection will be carried out annually and the report will be made available to the Licensing Authority upon request.
   

  43    Public liability insurance in the minimum sum of £2 million will be in place.
   

  44    Where a temporary electrical installation is being used, a temporary electrical installation report by a NICEIC or ECA electrician or a certificate of compliance with BS7909 will be required.  The report will be made available to the Licensing Authority upon request.
   

  45    Doors and windows will be kept closed whenever necessary.
   

  46    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.
   

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

  48    Offensive odours will not be emitted beyond the boundary of the premises.
   

  49    If children are allowed on the premises, a “no smoking” area of such a size and design that it genuinely provides a suitable, comfortable area for children and families wishing to be separated from smoking areas will be available.
   

  50    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

   

  1.  The number of persons attending the premises shall be limited to 500.

   

   

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plans - Page 1 of 3
• Plans - Page 2 of 3
• Plans - Page 3 of 3