Ayka Rum Bar

2 Caen Street, Braunton, Devon, EX33 1AA

Completed application 049548 which is a Request for Removal of Premises Supervisor for Premises Licence from 25/02/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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        Any person used to carry out a security activity as required under the Annexe 2 conditions must be licensed by the Security Industry Authority.

   

  4        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.

   

  5        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.
   

  6        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).
   

   

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

   

  8.              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.

   

  9.              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.

   

  10.              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.

   

  11.              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.

   

  12.              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.

   

  13.              For the purposes of the condition 12 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.

   

  14. Where the permitted price given by Paragraph (b) of Condition 13 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.

   

  15.              (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        All staff engaged in licensable activity at the premises, will receive training and information in relation to the following: (i) The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable; (ii) The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence; (iii) How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol); (iv) Recognising the signs of drunkenness; (v) The operating procedures for refusing service to any person who is drunk, underage or appears to be underage, or appears to be making a proxy purchase; (vi) Action to be taken in the event of an emergency, including reporting an incident to the emergency services.  Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12 month intervals.  Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.  Training records will be retained for at least 12 months.
   

  2        An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details: (i) Any incidents of disorder or of a violent or anti-social nature; (ii) All crimes reported to the venue, or by the venue to the Police; (iii) All ejections of patrons; (iv) Any complaints received; (v) Seizures of drugs or offensive weapons; (vi) Any faults in the CCTV system; (vii) Any visits by a responsible authority (under the Licensing Act 2003) or emergency services.
   

  3        Records must be completed within 24 hours of any incident, and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident.
   

  4        The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.
   

  5        Open containers of alcohol shall not be removed from the premises, except for consumption in any delineated external area, as shown on the plan attached to the licence.
   

  6        Customers will not be permitted to remove from the premises any drinks supplied by the premises (alcoholic or otherwise) in open containers.
   

  7        All alcohol on display will be in such a position so as not to be obscured from the constant view of the cashier/staff.
   

  8        There shall be no self-service of alcohol on the premises.
   

  9        No miniature bottles of spirits of 20cl or less shall be sold from the premises.
   

  10    Retail sale of alcohol shall only take place from a fixed bar, no mobile dispense sales will take place.
   

  11    A written drugs’ policy shall be in place and operated at the premises.  It must detail the actions taken to minimise the opportunity to use or supply illegal substances within the premises.  The policy must be made available for inspection and copying upon request by an authorised officer of a responsible authority.
   

  12    A structured training programme surrounding substance misuse will be in place.  Training will be undertaken annually, for all staff that deal with persons who are in the possession of/or incapacitated through the use of drugs or the combined effect of drugs and alcohol.
   

  13    Records will be maintained, detailing the time and date of substance misuse training, the people who received the training, and the name of the person delivering the training.
   

  14    Records will be available for inspection by an authorised officer of a responsible authority at all reasonable times.  The records will be retained for at least 12 months.
   

  15    There must be, at the premises, a lockable drugs’ safe to which no member of staff, save the DPS shall have access.  All controlled drugs (or items suspected to be or to contained controlled drugs) found at the premises, must be placed in this safe as soon as practicable.  Whenever this box is emptied, all of its contents must be given to the Police for appropriate disposal.
   

  16    Where a drugs’ safe is available on the premises to deposit finds, there will be in place, a clear policy for the handling and packaging of seized items.
   

  17    A clear and legible Notice must be prominently displayed at all entrances to the premises, advising those attending that the Police will be informed if anyone is found in possession of controlled substances or weapons.
   

  18    Appropriate security arrangements will be in place, including toilet areas and other similar areas being regularly checked for evidence of drugs.  The date and times of all checks will be recorded in a register kept for that purpose and be available for inspection and copying on request of an authorised officer of a responsible authority.  Signage shall also be prominently displayed in the toilet areas, advising patrons that checks are conducted regularly.
   

  19    The premises shall install, operate and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police and local authority.
   

  20    All public areas of the licensed premises including entry and exit points will be covered, including ant outside areas under the control of the premises licence holder.
   

  21    The system must record clear images permitting the identification of individuals, and in particular enable facial recognition images (a clear head and shoulder image of every person entering and leaving in any light condition.
   

  22    The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.
   

  23    All equipment must have a constant and accurate time and date generation.
   

  24    All recordings will be stored for a minimum period of 14 days with date and time stamping.  (Offers on applications in excess of 14 days are acceptable).
   

  25    Viewable copies of recordings will be provided on request to the Police and local authority officers as soon as is reasonably practicable and in accordance with the Data Protection Act 2018 (or any replacement legislation) OR a staff member from the premises who is conversant with the operation of the CCTV system, shall be on the premises at all times when the premises are open.  This staff member must be able to provide an authorised officer of a responsible authority, copies of recent CCTV images or data with absolute minimum delay when requested in accordance with the Data Protection Act 2018 (or any replacement legislation).
   

  26    The applicable condition will be based on the size/location and business operation of the premises, assessed on an individual basis.
   

  27    The CCTV system will be capable of downloading images to a recognisable viewable format.
   

  28    There will be security measures in place to ensure the integrity of the system to prevent the tampering with, and deletion, of images.
   

  29    The CCTV system will be fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document www.ico.org.uk (or any renewed equivalent guidance which is subsequently issued) regarding installation of CCTV is provided at the premises.
   

  30    A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours.
   

  31    Clear and legible Notices shall be prominently displayed at all exits, requesting patrons to respect the needs of local residents and businesses and to leave the vicinity as quickly and quietly as possible.
   

  32    When issues are identified, approaches will be made to patrons who will be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity as quickly and quietly as possible.
   

  33    During the final hour of trading, appropriate announcements will be made or images projected to remind patrons of the need to leave the premises quickly without causing annoyance, nuisance or disturbance to local residents and to advise patrons of any taxi free phone or collection arrangements available upon the premises.
   

  34    No speakers for amplification of music shall be placed on the outside of the premises or on the outside of any building, forming a part of the premises.
   

  35    Speakers will not be located in the entrance lobby or outside the premises.
   

  36    No deliveries (in relation to licensable activities) to the premises shall take place between 15:00 hours and 07:00 hours.
   

  37    The Premises Licence Holder or Designated Premises Supervisor shall be available at all times during regulated entertainment and be responsible for co-operating and liaising with any responsible authority.
   

  38    The Premises Licence Holder or nominated person shall control the sound levels of the music/entertainment.
   

  39    Customers shall not enter or leave the premises from the back except in the event of an emergency.
   

  40    Staff shall check, prior to the commencement of regulated entertainment, and periodically during regulated entertainment, that all external windows and doors are shut.
   

  41    Staff shall check that self-closing doors are not wedged open during regulated entertainment.
   

  42    After 23:00 hours, noise levels in outside areas will be monitored and controlled to minimise any potential impact on local residents.  Customers will be advised of the need to respect local residents, where appropriate.  Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises.
   

  43    A designated and delineated smoking area will be allocated outside the premises.
   

  44    Suitable receptacles will be provided for cigarette litter within the designated smoking area.
   

  45    The smoking area shall be regularly cleaned to ensure that all discarded smoking litter is removed and properly disposed.
   

  46    All waste shall be properly presented and placed out for collection.  No waste or recyclable materials, including bottles, shall be moved, removed from or placed in outside areas between 23:00 hours and 07:00 hours on the following day.
   

  47    During the hours of operation of the premises, sufficient measures will be taken to remove and prevent litter and waste arising or accumulating from customers in the area immediately outside the premises (from building to edge of kerb).  This area shall be swept and/or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.
   

  48    Clear and legible Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.
   

  49    Where a specific taxi operator has been nominated for customers’ use, the company’s telephone number will be advertised to customers.  The operator will be advised that drivers should arrive and depart as quietly as possible; should not sound vehicle horns as a signal of their arrival, or leave engines idling unnecessarily.
   

  50    The handling of kegs, bottles, cleaning equipment shall not take place before 07:00 hours or after 23:00 hours.
   

  51    The maximum number of persons (including staff and entertainers) allowed at the premises, shall not exceed 80.
   

  52    Seating for no less than 20 persons shall be provided in the premises at all times the premises is in operation.
   

  53    The Premises Licence Holder or nominated person, shall ensure that the accommodation limit(s) specified on the licence is/are not exceeded and shall be aware of the number of people on the premises at all reasonable times.  This information shall be immediately available on the request of an authorised officer of a responsible authority.
   

  54    A suitable system must be in place to accurately indicate the number of customers (including staff, entertainers, etc.) on the premises at any time.
   

  55    Adequate procedures must be implemented to ensure overcrowding (such as that which may cause injury through crushing) does not occur in any part of the premises.
   

  56    In the absence of adequate daylight, artificial lighting in any area accessible to the public shall be fully operational whilst the public is present.
   

  57    No drinking vessel, glass or bottle may be taken from the premises.
   

  58    No customers carrying open or sealed bottles, cans or other receptacles containing alcoholic liquor, shall be admitted to the premises at any time that the premises is open to the public.
   

  59    The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in, and around, the premises.
   

  60    There will be in place a written age verification policy in relation to the sale or supply of alcohol which will specify a Challenge 25 proof of age requirement.  This means that staff working at the premises must ask individuals who appear to be under 25years of age, attempting to purchase alcohol, to produce identification.  The only acceptable identification documents will be: (i) A photo 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.  This policy will include documented steps taken to prevent adults from purchasing alcohol for, or on behalf of, children under 18.
   

  61    The premises shall display prominent signage indicating that a Challenge 25 scheme is in operation.
   

  62    An alcohol sales’ refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused.  The register will include: (i) The date and time of the refusal; (ii) The reason for the refusal; (iii) Details of the person refusing the sale; (iv) Description of the customer; (v) Any other relevant observations. The refusals’ register will be made available for inspection and copying on request of an authorised officer of a responsible authority.  All entries must be made within 24 hours of the refusal.
   

  63    Children under  the age of 18 must be accompanied by an adult and must leave by 20:00 hours, unless on event nights where this may be later at the managers discretion.
   

  64    All tills shall automatically prompt staff to ask for age verification identification when presented with an alcohol sale.
   

  65    There shall be no striptease or nudity and all persons shall be decently attired at all times, except when the premises is operating under the authority of a Sexual Entertainment Venue licence.
   

  66    The supply of alcohol and regulated entertainment 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