Central Cinema

71-77 Boutport Street, Barnstaple, Devon, EX31 1SR

Completed application 046475 which is a Change of Supervisor for Premises Licence from 04/07/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• 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        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 12 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 sale and consumption of alcohol shall be restricted to the licensed area only and shall be confined to bona fide cinema patrons attending the current performance at the cinema on production of an arena ticket when requested.

   

  2        The times permitted to sell alcohol do not prohibit or restrict the supply of alcohol for consumption on premises to persons employed there for the purposes of the businesses carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  3        The times permitted to sell alcohol do not prohibit or restrict the sale or supply of late night refreshment (which does not include alcohol) on the premises for a period of thirty minutes after the end of permitted hours.
   

  4        There shall be no off sales.
   

  5        There shall be no occasional licences.
   

  6        The sale by retail/supply of alcohol will be confined to the area (s) as outlined in RED on the attached plan (s).
   

  7        All staff shall receive induction training and regular up-dates on matters relating to the needs of disabled customers, licensing conditions, public safety, welfare, assessment of customer age and the sale of restricted products.
   

  8        Foyer areas shall be staffed when premises open.
   

  9        The CCTV system shall cover the main foyer, retail areas, the street outside the premises and all external exits.
   

  10    CCTV recording images shall be retained for a period of not less than 31 days  and shall be made available upon request by the Police or Local Authority.
   

  11    Outside cinema queues shall be monitored by a staff member to prevent customers putting themselves or others at risk or causing a public nuisance.
   

  12    All public areas shall be staffed and monitored constantly during opening hours.
   

  13    The sale of alcoholic drinks shall be restricted to bone-fide cinema ticket holders only.
   

  14    Alcoholic beverages are only to be sold in polycarbonate glasses and customers are not permitted to take drinks from glass bottles from the counter.
   

  15    A lockable security shutter shall be provided which secures display items when the sales service is closed.
   

  16    Prominent notices shall be displayed by the exits requesting that people leave the premises and the surrounding area quietly.
   

  17    No customers shall be allowed to take open containers of alcoholic drinks from the premises.
   

  18    Litter bins shall be provided in all public parts of the cinema and external areas are to be cleared of any litter throughout the day.
   

  19    Unaccompanied children shall be seated in a designated area of each auditorium for added supervision, away from adults who are not themselves with children.
   

  20    Staff shall be trained to operate a “Challenge 25 Policy” whereby anyone wishing to purchase alcohol who appears to be under the age of 25 years must be asked to provide photographic ID.
   

  21    A refusal register shall be kept and used to record instances where the sale of alcohol and any requested proxy to a patron is refused. The refusals register shall be maintained for a minimum of twelve months and be made available upon request to the Police or the licensing authority.

   

  REGULATED ENTERTAINMENT

   

  1                    No film shall be exhibited unless:
  
  It has received a U, PG, 12A, 15 or 18 certificate of the British Board of Film Classification or
  
  It is a current newsreel, which has not been submitted to the British Board of Film Classification.
   

  2                    No person apparently under the age of 15 years shall be admitted to any exhibition at which there is to be shown any film which has received an ‘15’ certificate from the British Board of Film Classification.

   

  3                    No person apparently under the age of 12 years shall be admitted to any exhibition at which there is to be shown any film which has received an ‘12A’ certificate from the British Board of Film Classification.

   

  4                    Notwithstanding the conditions hereinbefore contained, a film may be exhibited, or persons or any class of persons, may be admitted thereto if the permission of the District Council is first obtained and any conditions of such permission are complied with.

   

  5                    A representation or written statement of the terms of any certificate given by the British Board of Film Classification shall be shown on the screen immediately before the showing of any film to which it relates and the representation or statement shall be shown for long enough and in a form large enough for it to be read from any seat in the auditorium.

   

  6                    There shall be prominently exhibited at each public entrance whenever the premises are open to the public a notice indicating in tabular form and in clear bold letters and figures:

   

  The title of each film shown on that day, other than trailers and films of less than five minutes duration;

   

  The approximate times of commencement of each such film;

   

  Whether each such film has received a ‘U’, ‘PG’, ‘12A’. ‘15’ or ‘18’ certificate from the British Board of Film Classification; and
   

  The effect of such ‘U’, ‘PG’, ‘12A’. ‘15’ or ‘18’ certificates in relation to the admission of persons under the age o 18 years.

   

  7                    The nature of any certificate received in respect of a film from the British Board of Film Classification shall be clearly indicated by the letter ‘U’, ‘PG’, ‘12A’, ‘15’ or ‘18’ in any advertisement of the film displayed at the premises.

   

  8                    No advertisement displayed at the premises of a film to be exhibited at the premises shall depict as a scene or incident in the film any scene or incident, which is not included in the film as certified by the District Council as the case, may be.

   

  9                    Where the District Council has given notice in writing to the licensee of the premises objecting to an advertisement on the ground that, if displayed, it would offend against good taste or decency or be likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling that advertisement shall not be displayed at the premises unless the permission in writing of the District Council is first obtained and any conditions of such permission are complied with.

   

  10                Where the District Council has given notice in writing to the licensee of the premises prohibiting the exhibition of a film on the ground that it contains matter which, if exhibited, would offend against good taste or decency or would be likely to encourage or incite or to lead to disorder or to be offensive to public feelings, that film shall not be exhibited in the premises unless the permission in writing is first obtained any conditions of such permission are complied with.

   

  11                For the purposes of this licence ‘film’ means any exhibition of moving pictures produced otherwise than by the simultaneous reception and exhibition of television programmes broadcast by the British Broadcasting Corporation or the Independent Broadcasting Authority or included in a cable programme service which is or does not require to be licensed by the Cable Authority under Section 4 of the Cable and Broadcasting Act 1984.

   

  12                No alteration to the structure of the premises nor to the existing heating arrangement, electrical installations or heating installations shall be carried out without prior consent of the District Council.

   

  13                All exit doors shall be capable of immediate opening whilst the general public have access to the premises.

   

  14                If the licensee shall cause to be erected in the auditorium, scaffolding for the purpose of decoration or otherwise, he shall, while the work is in progress, cause the ceilings to be thoroughly examined by a fully qualified Architect, Civil Engineer or Building Surveyor and shall forward to the licensing authority a certificate in the form prescribed by the authority, signed by the said Architect, Civil Engineer or Building Surveyor concerning the condition of the ceiling.  (Note:  The District Council will require such a certificate once in every period of five years, whether or not decoration etc, is undertaken during that period).

   

  15                Each application for an annual licence shall be accompanied by certificates completed by competent and qualified persons as to the suitability of the electrical installation, emergency lighting circuits (including batteries) and fire fighting equipment.

   

  16                The Chief Fire Officer’s recommendations shall be strictly obeyed.

   

  17                The Chief Fire Officer for the County of Devon, a Fire Officer delegated by him, or a duly authorised officer of the District Council, shall be admitted to the premises at any reasonable time and such visits may be as frequent as are deemed necessary by any of those officers.

   

  Occupancy Rates:
  
                Screen 1:  Closely Seated - Total Not to Exceed 311
               
                Screen 2:  Closely Seated - Total Not to Exceed 82
  
                Screen 3:  Closely Seated - Total Not to Exceed 82
  
                Screen 4:  Closely Seated - Total Not to Exceed 126

   

  The licensable activity shall be confined to the area (s) as outlined in Blue on the attached plan (s).

   

• ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING

   

  None.

   

   

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

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