Fever and Boutique

Queen Street, Barnstaple, Devon, EX32 8HQ

Completed application 045603 which is a Variation Application for Premises Licence from 04/04/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• a performance of dance
• the supply of alcohol
• provision of late night refreshment
• 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

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        The times permitted to sell alcohol do not prohibit or restrict the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered.

   

  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 business 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.

   

  REGULATED ENTERTAINMENT

   

  1.              This licence shall, unless revoked in the meantime, be in force until the date specified on the Licence.

   

  2.              Regulated (Music) and (Dancing) or other regulated entertainment of the like kind shall only take place in the said premises on the days and times stipulated on the Licence and is prohibited during any other hours. 

   

  CONDITIONS AS TO THE LICENCE:

   

  3.     The premises shall be closed not later than the times during the week stipulated on the Licence.

   

  4.              There shall be affixed and kept in some conspicuous place on the door or entrance of such premises so licensed as aforesaid, an inscription in one inch capital letters, in the words following:

               

                ‘LICENSED IN PURSUANCE OF THE LICENSING ACT 2003 FOR REGULATED ENTERTAINMENT’

   

  5.              THIS LICENCE SHALL BE DISPLAYED IN THE FOYER OR ENTRANCE TO THE PREMISES LICENSED (HEREINAFTER CALLED ‘THE PREMISES’).

  6.              The capacity of the premises shall be set at the discretion of the premises licence holder based upon a risk assessment conducted by the               premises licence holder.

  7.              An electronic or mechanical counting system shall be operated to ensure capacity does not exceed its limits.  Numbers of persons at the event shall be made available at the request of the police and Local Authority.

  8.     Throughout the time when the public is in attendance, staff ushers or stewards shall wear either distinctive clothing or suitable armbands.

  9.     A first aid kit suitable for the number of patrons and staff must be so provided.  A responsible member of staff must be designated to take charge of a situation, call an ambulance and administer basic first aid to anyone injured or taken seriously ill on the premises.

  10.   The Licensee shall (without prejudice to his personal responsibilities and liability as a Licensee) employ sufficient staff to ensure that all of the conditions of the Licence are observed.  A steward shall not be a person engaged in the service and preparation of food, in the service of intoxicating liquor, disc jockey, cloakroom staff or the like.

   

  11.     A fire routine appropriate to the premises shall be devised.

   

  12.              All persons employed to work in the premises and any ushers or stewards not so employed shall be given instructions and training in what to do in case of fire.

   

  13.              The Licensee shall ensure that one specific person shall be made responsible for organising the training of staff and any non-staff ushers or stewards that may be used and the same person shall be responsible for co-ordinating the actions to be taken in the event of fire.  Effective arrangements shall be made for a nominated deputy to carry out the above duties.

   

  14.              In the event of an outbreak or suspected outbreak of fire the Fire Brigade shall be called immediately.

   

  15.              A conspicuous notice clearly stating the location of the nearest telephone and the correct method of summoning the Fire Brigade shall be displayed in the foyer of or entrance to the premises.

   

  16.              (a) Any Constable or authorised Officer of the Licensing Authority or Fire Authority shall have the power to enter at all times to ensure the adherence to the conditions and restrictions subject to which the Licence was granted.

   

                (b) Any authorised Officer of the Local Authority shall have the power to enter the premises at any time to inspect the condition of any electrical installations.

   

  17.              A log book shall be kept in which there shall be recorded details of tests and maintenance of fire fighting equipment, fire warning system (where applicable) and emergency lighting and the dates on which staff, stewards or ushers received training in the action to be taken in case of fire.

   

  18.              (a) The Licensee shall take all due precautions for the safety of the public and shall at all times conduct his business in such a manner and exercise such control over all persons on the premises as may be necessary to ensure that there is no drunkenness, breach of the peace or behaviour resulting or likely to result in damage to property or personal injury to any person.

   

                (b) The Licensee shall not permit any drunkenness, disorderly conduct or any acting, recitation, singing or dancing which is of an obscene or offensive character.

   

  19.              The Licensee shall ensure that the premises are at all times used so as to ensure that no disturbance is caused to nearby residents, passers-by, or the occupants of adjacent premises and use his best endeavours to ensure that at the close of any licensed entertainment patrons disperse as quietly as possible.

   

  20.              Every part of the premises to which the public is admitted shall be efficiently lighted that the management may afford adequate supervision over the whole area used for licensed entertainment.

   

  21.              The volume of any apparatus used shall be under the control of the Management, from a part of the premises, which is not accessible to the public.

   

  22.              No person shall at the premises give any exhibition, demonstration or performance of hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any other person any form of induced sleep or trance in which susceptibility of the mind to suggestion or direction is increased or intended to be increased without first obtaining the written consent of the Local Authority.

   

  CONDITIONS AS TO THE BUILDING

   

  23.              All means of escape, i.e. corridors, gangways, passages, stairways, exitways etc. shall be kept free from obstruction at all times when members of the public are on the premises.

   

  24.              All stairs and steps shall be maintained with non-slippery and even surfaces and any stair coverings shall be secured and maintained so that they will not in any way be a source of danger to persons escaping in case of fire.

   

  25.              Before carrying out any alterations to the premises including wall and ceiling linings or any material alteration in the internal arrangement of the premises or in the furniture or equipment with which the premises are provided, 28 days written notice must be given to the Licensing Authority and to the Fire Authority.

   

  26.              In the case of premises used under the authority of this Licence, the Licensee shall furnish to the Licensing Authority as to the condition of the electrical installation with which the premises are provided.  This Certificate, which will be renewable annually, must be supplied prior to the grant of a Licence and thereafter renewed following its expiry date.  In the case of premises licensed for only one or more specific occasions, such Certificate shall be provided when required by the Licensing Authority.

   

                The Electrical Test Certificate will only be accepted if signed by a Contractor enrolled with the Institute of Electrical Engineers, or a Contractor enrolled with the National Inspection Council for Electrical Installation Contractors or a suitably qualified representative of a supply authority.

   

  27.              Any alterations, modifications or extensions to the electrical installation with which the premises are provided, shall be carried out by a competent electrician and shall be strictly in accordance with the I.E.E. Regulations and any portable electrical equipment or appliances used in the premises shall be in efficient working order and correctly wired and connected.

   

  28.              No explosive or highly inflammable material shall be brought into the premises and any curtains, drapes or other decorative materials introduced into the premises shall be either inherently non-flammable or comply with B.S. 5867 : part 2, Type 2.

   

  29.              No portable heating appliance shall be permitted on the premises during the time they are used for the purpose to which this Licence applies.

   

  30.              During the time the public are on the premises, the use of pyrotechnics is permitted.  In this connection, pyrotechnics means the use of apparatus or other devices for the production of smoke, coloured smoke or firework-like effects.

   

  31.              The emergency lighting with which the premises are provided shall be maintained in efficient working order and be in operation during the whole time that the public is in the premises.  The existing system must illuminate all exit signs, doorways, steps and passages forming exit routes from the licensed premises and any other part of the premises specified in the Schedule of Conditions and shall be independent of the normal lighting system.  Oil lamps and candles shall not be used.

   

  32.              All ‘Exit’ signs shall be maintained in a good state of repair.

   

  33.              The use of naked lights of flames during performances is prohibited unless prior written consent of the Licensing Authority has been obtained.

   

  34.              Any doors required to be fire resisting shall be effectively maintained and where such doors are also required to be self-closing they shall be maintained as such and shall be provided with no means of holding them in the open position, other than automatic releases where these have been specifically approved by the Licensing Authority.

   

  35.              (a) The doors of any doorway through which persons might have to pass so as to get out of the premises shall be capable of being easily and immediately opened without the aid of a key at all times when members of the public are on the premises.

   

                (b) All doors fitted with panic bolts or latches shall be indicated by the words ‘PUSH BAR TO OPEN’ in block letters in a distinctive colour, preferably white letters on a green background.

   

  36.              All fire fighting equipment with which the premises are provided shall be maintained in efficient working order.

   

  37.              The fire warning system (if provided) shall be maintained in efficient working order.

   

  38.              In premises heated by oil or gas or solid fuel appliances, the rooms or compartments in which these appliances are installed shall be adequately ventilated.  Existing systems shall be maintained and regularly serviced.

   

  39.               The licensee shall have regard and comply with any relevant provisions of the following               enactments during any licensable activities taking place on the premises: -

   

                Children and Young Persons Act 1933

                Cinematograph (Safety) Regulations 1955

                Sporting Events (Control of Alcohol Etc) Act 1985

   

  40.   The licensed premises shall be maintained in their present condition and no alterations shall be made therein, either in construction, re-arrangement of public accommodation or exits, or otherwise, without the consent of the appropriate Authority.  Application for permission to effect any such alterations shall be made in accordance with the regulations of the appropriate Authority.

   

  41.              SIA door stewards shall be employed on the premises from 20:00 hours at a ratio of 1:75 and thereafter until the premises closes to the public.

   

  42.              CCTV cameras shall be in operation throughout the trading hours of the premises.

   

  43.              Notices stating that CCTV is in operation for 24 hours a day shall be displayed throughout the premises.

  44.              Free drinking water shall be available at all times.

  45.              External lighting shall be supplied and maintained in all public areas during trading hours.

  46.              Persons who appear to be intoxicated, or who are behaving in a disorderly fashion, shall not be permitted on to the premises.

  47.              The premises shall use toughened glass throughout the hours of trading.

  48.              A person trained in first aid shall be present on the premises during trading hours.

  49.              All bar staff, when recruited, shall be trained on the Licensing Act 2003 and on “drug awareness”.

  50.              Photographic proof of age will be required from anyone seeking to purchase alcohol who appears to be under 21 years of age.

  51.              If a DJ is used on any night, he/she shall request customers to leave the premises quietly.

  52.              Persons under the age of 18 shall only be permitted to visit the venue with a responsible adult for the purpose of dining, unless there is an event organised for the youth market.

  53.              Persons under 18 shall not be permitted to use the gaming machines.

  54.              Where events are organised for persons between 13 and 17, the customers shall be searched upon admission, and any alcohol, weapon or illegal substance confiscated.

  55.              At events for 13 to 17 year olds, only soft drinks shall be on sale, cigarette and gaming machines shall be out of operation, and SIA licensed door staff, both male and female, shall be employed.

  56.              A litter patrol shall take place at regular intervals in the surrounding area of the building, to ensure that any rubbish that could cause noise or anti-social behaviour has been removed.

  57.              During peak queuing times, a supervisor shall be placed outside to monitor the queue and to ensure that noise and disturbance to surrounding residents is kept to a minimum. If the queue exceeds 50 persons, another supervisor shall be placed outside to assist.

  58.              At the end of the night the DJ shall slow the music 30 minutes prior to the closing time, and the music level shall be reduced gradually. At the terminal hour the house lights shall be raised fully and the music curtailed.

  59.              A litter bin shall be placed at the front door for the use of customers as they leave the premises. Customers shall be encouraged to deposit their bottles and rubbish in the bin provided.

  60.              A notice shall be displayed in reception asking all customers to leave the premises quietly.

  61.              At the end of a trading session, a minimum of two Door staff shall be placed outside the building, wearing high visibility clothing, to remind customers they are in a residential area and to keep noise to a minimum.

  62.              The total capacity of the roof terrace will be 60 persons.

  63.              The CCTV system will cover the terrace area.

  64.              Regulated entertainment will not take place on the roof terrace.

  65.              Whenever the premises are open for licensable activities a SIA Door Supervisor shall be situated in that area to ensure persons using the roof terrace behave in an orderly manner and the capacity is not exceeded.

  66.              Netting will be erected to prevent articles being thrown from the terrace on to the street.

  67.              All works to be undertaken as identified in the attached noise impact assessment documentation submitted.

  68.   The               sale by retail of alcohol, regulated entertainment and late night refreshment shall be confined to the area(s) as outlined in RED on the attached plan (s).

   

  3       
   

   

• ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING

   

  None.

   

   

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 1