Madrigal Brewery

Unit 2 Hele Business Park, Witheridge Place, Ilfracombe, Devon, EX34 9RA

Completed application 056617 which is a Cancellation/Surrender for Premises Licence from 26/02/2020 to 18/05/2023

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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        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).
   

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

  5.              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.
   

  6.              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.
   

  7.              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.
   

  8.              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.

   

  9.              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.

   

  10.              For the purposes of the condition 9 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.

   

  11. Where the permitted price given by Paragraph (b) of Condition 10 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.

   

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

  Condition 10 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        The stock of beer on the shelves in the shop will be limited, with the bulk of the beer kept locked in a cold room.
   

  2        An incident log will be kept and maintained at the premises which will include a log of any incidents of disorder or of a violent or anti-social nature; all crimes reported to the brewery or by the brewery to the Police; all ejections of patrons; complaints received; seizures if drugs or offensive weapons; any visits by a responsible authority (under the Licensing Act 2003) or emergency service.
   

  3        Records will 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 will 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        There will be a risk assessment carried out every 12 months.  The premises will be checked for any potential safety hazard prior to opening each day.  There will be a fire extinguisher and First Aid kit available.  The area for patrons will be clearly marked, and will keep them away from the flow of traffic to the business park.
   

  6        Patrons will only be able to consume alcohol within the shop area and along the front of the unit.
   

  7        Open containers of alcohol shall not be removed from the premises, except for consumption in the immediate vicinity, where tables are situated in close proximity to the brewery frontage.
   

  8        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.
   

  9        Anyone who appears drunk will not be served.  There will be no drinks’ promotions encouraging irresponsible drinking.
   

  10    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.  Individuals who appear to be under 25 years of age and are attempting to purchase alcohol, will be required to produce identification.  The only acceptable identification documents will be a photo driving licence; a passport; an identification card carrying the PASS hologram.  The sale of alcohol will be refused unless such identification is produced.
   

  11    The premises will display prominent signage, indicating at any point of sale, that a challenge 25 scheme is in operation.  Adults suspected of attempting to purchase alcohol for minors will be refused and the refusal logged (see below).
   

  12    An alcohol sakes’ refusal register shall be kept at the premises and be maintained to include details if all alcohol sales refused.  The register will include the date and time if refusal; the reason for refusal; details of the person refusing the sale; a description of the customer and any other relevant observations.  All entries will be made within 24 hours of the refusal.
   

  13    The refusals’ register will be made available for inspection and copying ib request of an authorised officer of a responsible authority.

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 1