M5 Hideaway

27 Queen Street, Barnstaple, Devon, EX32 8HQ

Completed application 050017 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 03/04/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• ANNEXE 1 - MANDATORY CONDITIONS (PREMISES LICENCE - 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 holder of a premises licence must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.
   

  4.              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.
   

  5.              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.
   

  6.              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.

   

  7.              For the purposes of the condition 6 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.

   

  8.               Where the permitted price given by Paragraph (b) of Condition 7 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.

   

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

  Condition 7 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 shall be confined to the area (s) as outlined in RED on the attached plan (s).

• ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING

   

  1        There shall be written training policies and formal training programmes in place to ensure staff meet all of the licensing objectives.
   

  2        Such training and revision/refresher material shall be reviewed regularly.
   

  3        Selected staff will be trained on the use of the CCTV to ensure that any request for CCTV images will be supplied upon request to the required authorities.
   

  4        M5 Security Limited welcome the opportunity to liaise with the Police and enforcement authorities should the need arise.
   

  5        CCTV shall be provided in the form of recordable system covering the trading area including the displays of all beers, wines and spirits and cash tills.
   

  6        The equipment shall be maintained, in good working order and date stamped.
   

  7        Recording equipment including tapes/discs shall be kept in a secure environment under the control of the DPS for a minimum of 21 days.
   

  8        Regular and ongoing assessments linked to the physical aspects of the premises will be carried out.
   

  9        A fire risk assessment will be conducted and reviewed regularly in accordance with the required conditions.
   

  10    All firefighting equipment will be maintained and certified in accordance with required conditions.
   

  11    Staff shall be trained to be aware of regular customers who may be vulnerable to the effects of alcohol and make available information about sources of advice and help for them.
   

  12    It shall be made clear  by a notice that the premises is located on a ‘no street drinking zone’ and remind them that any alcohol purchased on site must not be consumed on the street.
   

  13    There shall be no alcohol sold to anyone drunk or not, that is suspected to be drinking in the street.
   

  14    There shall be no single bottles of lager, beer or cider that are smaller than 339ml or have been separated from multi-packs.
   

  15    There shall be no bottles of spirits sold under 350ml (half bottle sizes).
   

  16    A challenge 25 scheme will be operated at the premises with relevant notices displayed.
   

  17    The forms of identification accepted will be passports, photo driving licence, PASS hologram ID card or Her Majesty’s Forces Warrant Card all must be current and in date.
   

  18    Failure to supply one of the accepted ID’s will result in no sale of alcohol to that person and noted in a refusals book.
   

  19    Notices will be displayed inside the premises stated that it is an offence for anyone under the age of 18 to purchase alcohol.
   

  20    CCTV will be installed, operated and maintained to the satisfaction of the chief officer of police and local authority, recordings will be maintained for 31 days. If the CCTV equipment is inoperative the police and local authority will be informed as soon as possible and immediate steps will be taken to put the equipment back into action. A notice will be displayed at the entrance to the premises advising that CCTV is in operation.
   

  21    1 SIA registered door supervisor shall be employed on the premises from 22:00 hours to 01:00 hours on Friday and Saturday night and there shall be no more than 2 customers permitted on the premises whilst the SIA door supervisor is on duty.
   

  22    Written records off all SIA door stewards, including full SIA badge number, shall be kept on the premises for at least 12 months and be available for inspection on demand by a police officer, a police licensing officer or officers of the local authority.
   

  23    The DPS shall ensure that an Incident Book is kept on the premises and that all incidents are recorded therein on a daily basis. This record shall include the full names of all persons involved, if possible or practical to do so. The Incident Book shall be made available for inspection by a police officer, a police licensing officer or officers of the local authority on demand, and such records shall be kept at the premises for a minimum of 12 months.
   

  24    A record of all staff training, including copies of all relevant BIIAB Certificates, shall be kept at the premises for a minimum period of 12 months and be available to the police or local authority licensing officers on demand.

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 1