Slice of Devon

The Quay, Ilfracombe, Devon, EX34 9EQ

Completed application 052573 which is a New Application for Premises Licence from 31/03/2021 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        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) How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol); (iii) Recognising the signs of drunkenness; (iv) The procedures for refusing service to any person who is drunk, underage or appears to be under-age, or appears to be making a proxy purchase; (v) 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 quarterly intervals.  Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority
   

  2        An incident log shall be kept and maintained at the premises which will include a log of the following; (i) Any incidents of disorder, violence, or anti-social nature; (ii) All crimes reported to the premise, or by the premise to the police.  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 member of staff reporting the incident.
   

  3        Containers containing alcohol with be plastic/polycarbonate with lids.
   

  4        Customers will be permitted to remove from the premises any alcoholic drinks supplied by the premises in containers with a lid if moving away from the immediate vicinity of the premises.
   

  5        Alcohol will only be served with food, purchased from the premises, therefore not allowing people to purchase large quantities of alcohol.
   

  6        Sufficient measures must be in place to remove litter or waste arising from customers and to prevent such litter/waste accumulating in the immediate vicinity of the premises.
   

  7        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 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. 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.
   

  8        The premises shall display prominent signage indicating at any point of sale that a Challenge 25 scheme is in operation.
   

  9        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 refusal; (ii) The reason for refusal; (iii) Details of the person refusing the sale; (iv) Description of the customer. All entries must be made within 24 hours of the refusal.
   

  10    Adults with children will not be allowed to have more than two drinks each.
   

  11    Alcohol can only be ordered for delivery to a residential or business address and not to a public place.
   

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

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

  14    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.
   

  15    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.
   

  16    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.
   

  17    Delivery times for delivery of on-line orders of alcohol will be restricted between the hours of 4pm and 10pm.
   

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

  19    Alcohol delivery will be refused if the driver considers the person receiving the delivery to be under the influence of alcohol or drugs or if the driver believes that the alcohol was purchase on behalf of another person who is not 18.
   

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

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

  22    All alcohol deliveries must be recorded by the driver in a legible log (kept at the premises for 12 months and be available for inspection and copying on request of an authorised officer of a responsible authority) and must contain: (i) Name and address of person placing an order for alcohol; (ii) Full delivery address; (iii) Time and date alcohol delivered; (iv) Signature of person taking delivery of alcohol; (v) Form of proof of age (where applicable); (vi) If delivery refused, basis for refusal; (Vii) Delivery person’s name and signature.  A refusal/incident/accident book(s) must be kept at the licensed premises and in each delivery vehicle.
   

  23    Training surrounding the procedures for online alcohol orders and alcohol deliveries will be undertaken.  Training shall be recorded in documentary form and shall be regularly refreshed.  Training records shall be made available for inspection and copying upon request of an authorised officer of a responsible authority and will be retained for at least 12 months.
   

  24    The number of vehicles utilised for delivery of online orders of alcohol will be restricted to a maximum of two.
   

  25    No cash sales for alcohol purchased by an online method will be made.
   

  26    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

   

  None.

   

   

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 1