SkyBar

Down End Field, Croyde, Devon, EX33 1NG

Completed application 057525 which is a Cancellation/Surrender for Premises Licence from 25/05/2018 to 07/12/2023

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

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  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        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).
   

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

  5.              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.
   

  6.              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.
   

  7.              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.
   

  8.              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.

   

  9.              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.

   

  10.              For the purposes of the condition 9 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.

   

  11. Where the permitted price given by Paragraph (b) of Condition 10 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.

   

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

  Condition 10 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        The supply of alcohol, regulated entertainment and 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

   

  1        The provision of regulated entertainment, will cease at midnight on all three evenings of the event.
   

  2        The event will be run in accordance with a Noise Management Plan (NMP).
   

  3        The NMP shall be submitted to North Devon Council for approval no later than 6 weeks prior to commencement of the event (for licensed events).
   

  4        The NMP shall include the information detailed below.
   

  5        the Music Noise Level measured over a 15 minute period (LAeq, 15min) at the boundary of any noise sensitive premises shall not exceed a level 65dB(A) during the daytime (defined as between the hours of 09.00 and 23.00) on any day. At all other times the Music Noise Level shall not exceed 45dB LAeq 15 min at the boundary of any noise sensitive premises. Between the hours of 23.00 and 08.00 the levels at the relevant sound mixer positions shall be controlled such that at the boundary of any noise sensitive premises the 63 Hz and 125 Hz octave band levels, measured over a period of 15 minutes (LZeq, 15min) shall not exceed a level 3 d(B) below the agreed Music Noise Level.
   

  6        Access will be granted to officers of the licensing authority to all areas of the site relevant to an investigation of music noise levels, to include front of house and monitor sound mixing positions.
   

  7        During the whole course of the event, a noise monitoring system shall be in place. Two off-site monitoring locations shall be established to the satisfaction of the licensing authority and prior to the event commencing. The results of noise monitoring shall be available to officers of the licensing authority upon request and data provided to the authority upon request subsequent to the event.
   

  8        There will be a manned, charged telephone, with reception, throughout the event -and that there will be a dedicated person on site with the relevant responsibility to turn down the noise levels on request throughout the event.
   

  9        Upon the reasonable request by officers of the licensing authority and at any time during the event, the sound operator shall temporarily adjust the configuration of the amplification system to reduce either broadband sound levels or sound levels within a particular octave band. Thereafter the applicant shall agree with the officer a music noise level to achieve compliance with noise limits.
   

  10    All other potential sources of noise throughout the site shall be monitored and regulated in accordance with the Noise Management Plan.
   

  11    Where necessary the noise level of any noise source found to be excessive by an officer of the licensing authority shall be immediately reduced to a level acceptable to the officer.
   

  12    The measures which will be put in place to enable those residents who have the potential to be adversely affected by the event to contact the event organiser throughout the event if they wish to, and how such residents will be notified of such measures.
   

  13    All complaints received will be recorded, thoroughly investigated, and the outcome / remedial actions also recorded. If it is alleged or suspected that the music noise levels are being breached, sound level monitoring will be undertaken from the relevant complainant's property. Remedial action will be taken to reduce levels when noncompliance with license conditions is identified.
   

  14    The person who is responsible for the management of the premises shall at all times be aware of the number of persons on the premises and shall if required to do so, give that information to an authorised person.
   

  15    This licence shall be limited to SkyBar music festival only for one event period which runs on a Friday, Saturday and Sunday for one event period annually in May.
   

  16    The maximum number of persons (including staff and entertainers) allowed at the premises shall not exceed 1000.
   

  17    Strong management controls and effective training for all staff will be in place. All staff will be aware of the premises licence and the requirements to meet the four licensing objectives with particular attention to: (i)  no selling of alcohol to underage people; (ii) no drunk and disorderly behaviour on the premises area; (iii) vigilance in preventing the use and sale of illegal drugs at the retail area; (iv) no violent and anti - social behaviour; (v) no harm to children.
   

  18    The DPS will control the day to day operation of the premises, provide good training for staff on the Licensing Act and will make or authorise each sale.
   

  19    The management and/or the premise licence holder of the premises will support the licensing objectives by conducting staff training, following the measures and procedures outlined in the Event Management Plan (EMP), Noise Management Plan (NMP) and Health and Safety Plans (H&S).
   

  20    Minimum of 1:75 ratio licensed SIA door supervisors will patrol the premises and be stationed at specific points within the premises.
   

  21    Minimum of 1:75 ratio licensed SIA door supervisors will patrol the premises and boundary throughout, specifically on closing.
   

  22    A clear and legible notice at key locations within the premises indicating SkyBars policy of a zero tolerance to drugs and other criminal activity.
   

  23    Compulsory bag searches at the secure entrance to the site.
   

  24    Measures will be in place to assist all staff to be vigilant in the prevention of illegal drug use in all areas of the premises.
   

  25    Staff will be trained in asking customers to use premises in an orderly, respectful manner and prevent drinking alcohol outside the premises.
   

  26    Internal and external lighting will be in place to assist public safety, positioned and screened in such a way so as to not cause a disturbance to nearby residents.
   

  27    All staff will be trained on adherence to environmental health requirements.
   

  28    The management and/or the premise licence holder of the premises will ensure at all times that the premises, all fittings, apparatus therein, lighting, heating, electrical, air conditioning, sanitary accommodation and other installations are maintained, in good working order and in safe condition.
   

  29    Clear and concise notices will be in place at key locations on the site to warn of falls, hazards and road traffic.
   

  30    All amplified music to be projected away from any dwellings and residential property.
   

  31    Monitoring of sound throughout the premises operating hours, controlled directly by premises supervisor and onsite audio engineer.
   

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

  33    The supply of alcohol on the premises will cease at 23:30 hours and the event will finish at exactly 00:00 with security and staff guiding customers towards the exit. The premises is expected to be clear of all customers by 00:15.
   

  34    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.
   

  35    The management and/or the premise licence holder of the premises will ensure all staff undertaking any activities required to take place outside of the premises opening hours, conduct themselves to avoid causing disturbance to nearby residents.
   

  36    Customers will be asked not to stand around talking loudly outside the premises.
   

  37    The movement of bins and rubbish outside the premises will be kept to a minimum after 11pm.
   

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

  39    Premises not open to under 18’s, full ID checks will take place at the entrance by trained security personnel.
   

  40    There will be in place a written age verification policy in relation to the sale of alcohol, which will specify a Challenge 21 proof of age requirement.  This means that staff working at the premises must 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: (i) A photograph driving licence; (ii) A passport; (iii) An identification card carrying the PASS hologram.  Unless such identification is produced, the sale of alcohol must be refused.
   

  41    All bar 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.

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

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