The BS Unit

Unit 6 Hele Bay Business Park, Ilfracombe, Devon, EX34 9RA

Completed application 054323 which is a Variation Application for Premises Licence from 14/06/2022 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 number of persons permitted in the premises at one time included staff, shall not exceed 20 persons.
   

  2        A record shall be kept detailing all refused sales of alcohol.  The record shall include the date and time of the refused sale and the name of the member of staff who refused the sale.
   

  3        The means of escape provided for the premises shall be maintained, unobstructed and be immediately available and clearly identified.  No fumes, steam or odours shall be admitted for the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises is situated.
   

  4        All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.  Notices shall be predominantly displayed at the exit, requested patrons to respect the needs of local residents and businesses and leave the area quietly.
   

  5        Online sales:  Alcohol can only be ordered for delivery to a residential or business address and not to a public place.
   

  6        Alcohol can only be ordered for delivery to the person placing the order.
   

  7        Full address details, including postcode, must be given when placing an online order for alcohol.
   

  8        At the time an online order for alcohol is placed, a declaration will be required from the person placing the order that the person is over 18 years of age.
   

  9        Customers will be reminded that it is a criminal offence for a person under 18 to purchase or attempt to purchase alcohol and that it is also an offence to purchase alcohol on behalf of a person under 18.
   

  10    All licence conditions pertaining to the online sale of alcohol, must be part of the ‘Terms and Conditions’ which must be displayed on the website or any other promotional material and expressly brought to the attention of the buyer at the time of ordering, in particular, the right and obligation of the driver to refuse delivery in specified circumstances.
   

  11    Delivery times for delivery of online orders of alcohol will be restricted between the following hours (09:00 - 21:00).
   

  12    Drivers will not deliver alcohol to any person anywhere other than at the residential address given when the order was placed.
   

  13    Alcohol will only be delivered to the person who placed the order and whose name appears on the credit/debit card (if used).
   

  14    Alcohol delivery will be refused if the driver considers the person receiving the delivery to be under the influence of alcohol or drugs.
   

  15    If a delivery driver considers the recipient of alcohol to appear under 25, recognised photographic identification (refer to mandatory conditions) will be requested and must be provided, evidencing the recipient to be at least 18 years of age, before any alcohol is handed over.
   

  16    Alcohol delivery will be refused if the delivery driver believes that the alcohol was purchased on behalf of another person who is not 18 years or older.
   

  17    When executing a delivery of alcohol, only pre-ordered alcohol may be carried by the delivery vehicle.
   

  18    All alcohol delivery drivers will be 18 years or over.
   

  19    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        Premises Sales: 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 (currently 21) proof of age requirement. This means that staff working at the premises must ask individuals who appear to be under 25 years 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.
   

  2        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.
   

  3        An incident log will be kept and maintained at the premises, which will include a log of any incidents of disorder, violent or antisocial behaviour. All crimes reported to the venue or by the venue to the police. These will be completed within 24 hours of the incident and kept for 12 months.
   

  4        That no alcohol shall be consumed more than 30 minutes (currently 60 minutes) after the permitted terminal hour for the supply of alcohol.
   

  5        The days and times for supply of alcohol off and on the premises, together with the opening hours as indicated on the premises licence.
   

  6        Customers shall not be permitted to remove from the premises alcoholic drinks in open containers.
   

  7        Customers shall not be permitted to consume alcohol purchased from the premises outside and that any person leaving the premises for a break during an event shall not be permitted to take a drink outside.
   

  8        A written drugs policy shall be in place and held on the premises, which details actions to minimise the misuse of drugs on the premises together with a record of any incidents and actions taken and be available for inspection upon request.
   

  9        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, under-age or appears to be under-age, 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.
   

  10    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.
   

  11    There shall be a personal licence holder on duty on the premises at all times when the premises are open to the public and authorised to sell alcohol.
   

  12    Sealed bottles of sprits and mixers will be for sale for consumption off the premises.
   

  13    There will be no self-service of alcoholic beverages except during cocktail classes. When these occur the attendees will be learning how to mix their own cocktails using pre-measured quantities of alcohol that will be at their cocktail making station. They will not be able to self-service any extra measures.
   

  14    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.
   

  15    During the final hour of trading appropriate announcements will be made asking patrons to ensure they have collection arrangements and offer any taxi bookings to be made.
   

  16    Patrons will be reminded to leave the premises quietly and cause minimal disturbance.
   

  17    All external doors and windows shall be maintained in good order.
   

  18    All taxis organised by Blackingstone Ltd to the premises will be advised to enter and leave as quietly as possible and not sound vehicle horns as their signal of arrival.
   

  19    All waste shall be property presented and placed out for collection.
   

  20    A sufficient number of suitable receptacles must be located in appropriate locations for the depositing of waste materials by customers.
   

  21    No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living of carrying out business in the area where the premises are situated.

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

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