The Woodpecker Bar and Kitchen

West Down, Ilfracombe, Devon, EX34 8NU

Completed application 057557 which is a Change of Supervisor for Premises Licence from 30/11/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

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  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        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) Recognizing 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.  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 authorized officer of a responsible authority.  Training records will be retained for at least 12 months.
   

  2        The Licensee, that is the person in whose name the premises licence is issued, shall ensure that at all times when the premises are used for any licensable activity, there are sufficient competent staff on duty at the premises for the purpose of fulfilling the terms and conditions of the licence and for preventing crime and disorder.
   

  3        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 visits by a responsible authority (under the Licensing Act 2003) or emergency service.  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.  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.
   

  4        CCTV shall be of an appropriate standard as agreed with the Licensing Authority in consultation with the Police.
   

  5        The CCTV equipment shall be maintained in good working order and continually record when licensable activity takes place and for a period of two hours afterwards.
   

  6        The premises licence holder shall ensure images from the CCTV are retained for a period of 31 days.
   

  7        The correct time and date will be generated onto both the recording and the real time image screen.
   

  8        If the CCTV equipment (Including any mobile units in use at the premises) breaks down the Premises Licence Holder shall ensure the Designated Premises Supervisor, or in his/her absence another responsible person, verbally informs the Licensing Authority and the Police as soon as is reasonably practicable.
   

  9        The DPS will keep an up to date DPS Authorisation sheet which will show the list of staff members who have been given the authority to sell alcohol on the premises.
   

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

  11    Steps shall be taken to ensure that any patrons drinking and/or smoking outside the premises do so in an orderly manner and are supervised by staff to ensure that there is no public nuisance.
   

  12    Staff will be trained to be alert to any potential danger to customers and react accordingly. If they are unable to quickly defuse the situation without risk to customer or staff, then they are instructed to call the police.
   

  13    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 MOD Form 90 (HM Forces ID Card). 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.
   

  14    A register of refused sales shall be kept and maintained on the premises.
   

  15    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        Under Section 177A of the Licencing Act 2003 on review of a premises licence a Licensing Authority may add a condition relating to live and recorded music as if the music were regulated entertainment. It should be noted that if this takes place the Licensing Authority must place a statement on the premises licence that Section 177A does not apply. This is the case for this Licence.
   

  2        With the exception of ‘background’ music played inside the premises at a volume that does not present a risk of impacting neighbouring residents, no live or recorded music shall be played at the licensed premises and in association with Licensable activities of The Woodpecker Bar & Kitchen, until such time as a Noise Management Plan (NMP) has been submitted to, and received written approval from, the Licensing Authority.
   

  3        The NMP shall set out a scheme of restrictions, mitigation measures and management procedures for effectively controlling noise generated as a result of the licensed activities. The NMP shall be sufficient to prevent public nuisance being caused by significant noise impacts at any residential property in the vicinity.
   

  4        For the avoidance of doubt, the judgement of what amounts to a significant noise impact shall include consideration of the character of the area; whether noise is likely to be audible at residential properties and if so, the times and frequency with which audible noise can occur; any aggravating circumstances such as where music may contain a noticeable low frequency bass beat; existing background noise levels including those that are representative of typically quieter times.
   

  5        The NMP shall identify any higher risk circumstances such as if live music events will occur and describe the specific restrictions, mitigation measures and management procedures that will be implemented to avoid significant impacts during these circumstances.
   

  6        The NMP shall be prepared having regard to relevant standards, guidance and best practice.
   

  7        Following written approval and thereafter, the NMP shall be implemented in full and as approved.
   

  8        In the interim (until such time as a NMP be approved) all external doors and windows shall be kept shut at all times when the premises are open/during regulated entertainment. Doors may be opened for normal entrance and egress of people but must be shut immediately after.
   

  9        All waste shall be properly presented and placed out for collection and remain at the front of the premises to the right of the entrance doors in the part of the premises adjacent to the A361, and on the opposite side of the car park to Hills View House.

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 1