JCT27

39 Boutport Street, Barnstaple, Devon, EX31 1SB

Completed application 055267 which is a New Application for Premises Licence from 01/12/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• provision of late night refreshment
• 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        Any person used to carry out a security activity as required under the Annexe 2 conditions must be licensed by the Security Industry Authority.
   

  4        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).
   

   

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

   

  6.              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.

   

  7.              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.

   

  8.              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.

   

  9.              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.

   

  10.              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.

   

  11.              For the purposes of the condition 10 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.

   

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

   

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

  Condition 13 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 premise’s 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.
   

  2        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.
   

  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 faults in the CCTV system; (vii) Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.
   

  4        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.
   

  5        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.
   

  6        Open containers of alcohol shall not be removed from the premises, except for consumption in any delineated external area as shown on the plan attached to the licence.
   

  7        Customers will not be permitted to remove from the premises any drinks supplied by the premises (alcoholic) in open containers.
   

  8        The number of SIA licensed door supervisors employed shall be in accordance with the following ratio: A minimum of two (2) door supervisors will be employed for the first 150 customers and one door supervisor for every 75 thereafter.
   

  9        SIA licensed door supervisors shall be on duty at the premises from 20.00 (8.00pm) to half an hour after closing time on Fridays, Saturday and Sundays (when followed by a Bank Holiday) to accommodate dispersal of customers.
   

  10    The following details for each door supervisor will be contemporaneously entered into a register kept for that purpose: (i) Full name; (ii) SIA licence/badge number, and registration number of any accreditation scheme recognised by the Licensing Authority (including expiry date of that registration or accreditation); (iii) The date and time they began their duty; (iv) The date and time they completed their duty; (v) The full details of any agency through which they have been allocated to work at the premises if appropriate.
   

  11    The register shall be available for inspection and copying at all reasonable times by an authorised officer of a responsible authority.
   

  12    The register shall be always kept at the premises and be so maintained as to enable an authorised officer to establish the particulars of all door supervisors engaged at the premises during the period of not less than 12 months prior to the request.
   

  13    SIA licensed door supervisors will be responsible for ensuring the safe, quiet, and orderly dispersal of customers from the premises and the immediate vicinity of the premises.
   

  14    Any queue to enter the premises which forms outside the premises must be supervised by SIA licensed door supervisors to ensure that it is orderly, there is no associated public nuisance, or obstruction to the public highway/footpath.
   

  15    A written drugs policy shall be in place and operated at the premises. It must detail the actions taken to minimise the opportunity to use or supply illegal substances within the premises. The policy must be made available for inspection and copying upon request by an authorised officer of a responsible authority.
   

  16    There must be at the premises a lockable drug safe to which no member of staff, save the DPS have access. All controlled drugs (or items suspected to be or to contain controlled drugs) found at the premises must be placed in this safe as soon as practicable. Whenever this box is emptied, all its contents must be given to the police for appropriate disposal.
   

  17    Appropriate security arrangements will be in place including toilet areas and other similar areas being regularly checked for evidence of drugs. The date and times of all checks will be recorded in a register kept for that purpose and be available for inspection and copying on request of an authorised officer of a responsible authority. Signage shall also be prominently displayed in the toilet areas advising patrons that checks are conducted regularly.
   

  18    The premises shall install operate and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police and Local Authority.
   

  19    All public areas of the licensed premises including entry and exit points will be covered including any outside areas under the control of the premises licenses holder.
   

  20    The system must record clear images permitting the identification of individuals and enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition.
   

  21    The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.
   

  22    All equipment must have a constant and accurate time and date generation.
   

  23    All recordings will be stored for a minimum period of 31 days with date and time stamping.
   

  24    The CCTV system will be capable of downloading images to a recognisable viewable format.
   

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

  26    A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours.
   

  27    The handling of kegs, bottles cleaning equipment, bottle disposal and similar items shall not take place before 0800 hours or after 2300 hours.
   

  28    Any lighting on or outside the premises will be positioned and screened in such a way so as to not cause a disturbance to nearby residents.
   

  29    The movement of bins and rubbish outside the premises will be kept to a minimum after 2300 hours.
   

  30    The Premises Licence Holder or Designated Premises Supervisor shall be always available during regulated entertainment and be responsible for cooperating and liaising with any responsible authority.
   

  31    An acoustic lobby will be installed at the front entrance.
   

  32    While live or recorded music takes place regular monitoring of noise levels at the nearest noise-sensitive locations shall take place. A record shall be kept of any monitoring, including: (i) the date, time, and location of the monitoring; (ii) the name of the person monitoring; (iii) any action taken.
   

  33    Records shall be kept for at least 6 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.
   

  34    A designated and de-lineated smoking area will be allocated outside the premises.
   

  35    Suitable receptacles will be provided for cigarette litter within the designated smoking area.
   

  36    The maximum number of persons (including staff and entertainers) allowed at the premises shall not exceed 255.
   

  37    Barriers /guards will be available where queues for entry can be envisaged. These must be arranged to control patrons, keep the pavements clear, and ensure that queues do not impact on means of escape in case of fire.
   

  38    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.
   

  39    Deliveries of goods necessary for the operation of the business will be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.
   

  40    A logbook or recording system shall be kept upon the premise in which shall be entered particulars of inspections made; those required to be made by statute, and information compiled to comply with any public safety condition attached to the premises licence that requires the recording of such information. The logbook shall be kept available for inspection when required by persons authorised by the Licensing Act 2003 or authorised legislation.
   

  41    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; (iv) MOD Form 90 (ID Card).
   

  42    Unless such identification is produced the sale of alcohol must be refused.
   

  43    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 the refusal; (ii) the reason for refusal; (iii) details of the person refusing the sale; (iv) description of the customer; (v) any other relevant observations.
   

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

  45    All entries must be made within 24 hours of the refusal.
   

  46    The acoustic upgrading and noise control and management measures described in the Soundguard Acoustics Noise Management Plan (including summary noise impact statement) dated 10 November 2022 shall be implemented in full from first operation of the licensed activities and thereafter. For the avoidance of doubt, noise shall be managed and controlled such as to prevent nuisance at residential and commercial premises in the vicinity and at public spaces.
   

  47    The supply of alcohol, regulated entertainment and late night refreshment 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