Baggy Lodge

Croyde Bay, Braunton, Devon, EX33 1PA

Completed application 052714 which is a Change of Supervisor for Premises Licence from 12/04/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• the supply of alcohol
• provision of late night refreshment
• a performance of live music
• any playing of recorded music

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        CCTV will be used to monitor the garden and will be installed, operated and maintained to the satisfaction of the Chief Officer of Police.
   

  2        All staff will receive training on all four licensing objectives and this will be recorded in a training log.
   

  3        No smoking will be allowed anywhere inside the premises or in any outside area associated with the business.
   

  4        The premise and privates areas of the property will be locked when not in use.
   

  5        All money relating to the business will be secured in the safe with the exception of the float.
   

  6        Staff will receive training and regular refreshers regarding their responsibilities related to the sale of alcohol and a written record kept which will be available for inspection on request.
   

  7        No persons shall be permitted to take open or unsealed containers of alcohol from the premises.
   

  8        No persons carrying open or unsealed bottles or glasses will be admitted to the premise.
   

  9        Staff will receive additional training on first aid, Hygiene and HSW guidance.
   

  10    Food will be available at all times the premises are open to the public, excluding the period 30 minutes prior to the cessation of licensable activities, unless the premises are to be utilised for a private function.
   

  11    For customers who could potentially cause a nuisance, free lollipops will be handed out to persons leaving to promote well being.
   

  12    Exit signage and fire appliances will be in place.
   

  13    Double glazing and insulation will be fitted throughout the property.
   

  14    Staff will be briefed to monitor property and approaches for disturbances, particularly when customers are leaving premises.
   

  15    Clear & prominent notices will be positioned at all exits requesting patrons to leave the area quietly.
   

  16    A refusals and incident record will be kept and be available for inspection on request.
   

  17    A proof of age policy to the satisfaction of the Police and Local Authority will be in place.
   

  18    Age warning signs from the Drink Aware Scheme will be erected.
   

  19    Staff will check all ages of persons under 21 and ages of known young locals will be recorded.
   

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

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

• ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING

   

  1        Alcohol shall not be consumed past the eastern end of the driveway as indicated on the attached plan which has been agreed by the Regulatory Services Officer.
   

  2        All doors shall be kept closed at all times when regulated entertainment is taking place (except in so far as section 177A (2) of the Licensing Act 2003 applies).
   

  3        Numbers shall be restricted to 40 customers or less if deemed appropriate by the Fire Authority.

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

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