La Petite Bouchee

19 The Square, Witheridge, Tiverton, Devon, EX16 8AE

Completed application 057235 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 01/07/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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        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        Strict management controls will be in place and all staff will be trained in all aspects of the licensing objectives, together with the responsibilities of holding a premises licence. 
   

  2        The premises will operate and enforce the challenge 25 scheme. The only acceptable forms of id will be passport, photo driving licence, government approved pass card or military i.d. bearing a photo and date of birth.
   

  3        A zero tolerance policy on drunk and disorderly behaviour will be in place.
   

  4        A zero tolerance policy on violent and anti-social behaviour will be in place.
   

  5        Staff will be vigilant at all timed in preventing the use and sale of illegal drugs on the premises.
   

  6        Staff will ensure that all the necessary controls are in place to prevent harm to children.
   

  7        Clear ‘Challenge 25’ information to prevent the sale of alcohol illegally to minors will be on display in the designated areas.
   

  8        The DPS will have full responsibility for ensuring that all team members are provided with up to date training around the licensing act.
   

  9        The operating hours and how to book will be clearly displayed. This will also be done via our website and via social media.
   

  10    Anyone who has not booked in advance will not be permitted in to the supper club dining room or served alcohol.
   

  11    Drinking alcohol will be strictly kept to within the designated areas and not permitted outside of these.
   

  12    No alcohol will be sold to customers who are intoxicated.
   

  13    Staff will have full training in asking customers to be respectful when inside the premises, as well as when they are leaving.
   

  14    Adequate lighting, both inside and outside the premises will be provided.
   

  15    Fire exits will be clearly signposted.
   

  16    A designated meeting point in case of fire or evacuation will be designated and clearly displayed for guests.
   

  17    Staff will be trained in all aspects of health and safety, public liability and food and hygiene.
   

  18    A Health & Safety logging system will be put in place to ensure H&S checks are regular and that they comply with current requirements.
   

  19    All of the designated areas will be maintained at all times to a high standard and in a safe condition.
   

  20    FSA hygiene and safety laws will be complied with and appropriate records kept at all times.
   

  21    Regular risk assessments will be carried out to ensure that they meet the required standards.
   

  22    Customers will only be allowed into the premises if they have pre-booked a table at La Petite Bouchée.  There will never be more than 25 people on any one designated day. 
   

  23    Prominent signs will be displayed at exit areas, requesting that guests take into account the local residents by leaving the premises in a quiet and respectful manner.  Anyone violating this will not be permitted on the premises again.
   

  24    Customers will be asked not to cause any disturbance by talking loudly or using inappropriate language immediately outside the premises.
   

  25    All deliveries will be carried out at respectful hours and with the minimum of disruption to immediate residential properties and to traffic. 
   

  26    Any outdoor lighting will be turned off at a respectable hour and will not cause any offence to local residents.
   

  27    All refuse will be kept away from public access and put out at the designated times, as directed by the North Devon Council. 
   

  28    There will be adequate car parking provided for guests without causing a public nuisance. 
   

  29    No more than 25 people at a time will be permitted, which means that cooking odours are kept to a minimum. 
   

  30    Anyone under the age of 18 will not be permitted onto the premises without being accompanied by an adult.
   

  31    Staff are trained to ask for identification and to identify fake identification, sensitively.
   

  32    There will be a clear policy on the times children can be present on our premises, i.e. no later than 20:30.
   

  33    A clear notice, explaining to customers where children are, and are not permitted, will be put in the designated area.
   

  34    A notice asking for guests to refrain from the use of strong language and sexual language around children, will also be posted when there are children present.
   

  35    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

   

  None.

   

   

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 1