Cracking Nuts

The Coach House, Hillsborough Road, Ilfracombe, Devon, EX34 9NW

Completed application 053509 which is a New Application for Premises Licence from 25/11/2021 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 which are: (a) A photo driving licence; (b) A passport; (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.
   

  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 or of a violent 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        There shall be no consumption of beverages purchased from the premises inside or outside the premises.
   

  4        Open containers of alcohol shall not be removed from the premise’s grounds. Only containers with a lid, which is covered and closed, containing alcohol can be removed from the premise.
   

  5        Outside of the hours authorised for the retail sale of alcohol and whilst the premises are open to the public, all alcohol within the premises (including alcohol behind the counter) must be secured in a locked storeroom to prevent access to the alcohol by both customers and staff.
   

  6        No customers carrying open or sealed bottles, cans or other receptacles containing alcoholic liquor shall be admitted to the premises at any time that the premises are open to the public.
   

  7        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; (v) Any relevant observations.  All entries must be made within 24 hours of the refusal.
   

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

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

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

  11    At the time an 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.
   

  12    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.
   

  13    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.
   

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

  15    Alcohol will only be delivered to the person who placed the order and whose name appears on the credit/debit card.
   

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

  17    If a delivery driver considers the recipient of alcohol to appear under 21, 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.
   

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

  19    Any delivery must be signed for by a person over 18 years of age.
   

  20    Drivers will not have to enter a customer’s address aside from to placing the order to the customer. Any non-delivery (no answer at the door) - will be recorded.
   

  21    All violence or abuse of delivery staff will be actively reported to the police.  These address will also be ineligible for future services.
   

  22    All our services are for the UK market only and not be exported. Our delivery staff do not carry cash. Our delivery staff never carry extra stock
   

  23    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