DJ's Sports Bar

1-5 Market Square, Market Street, Ilfracombe, Devon, EX34 9AU

Completed application 046327 which is a Review of Licence/Certificate for Premises Licence from 01/08/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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        The Licensee may consider searching customers as a condition of entry at times.
   

  2        Alcoholic and soft drinks shall be served in toughened glass.
   

  3        All bottles and glasses will be removed from public areas as soon as they are finished with or empty.
   

  4        The premises may remain open for up to 30 minutes after the end of the period during which the retail of alcohol is permitted as a “wind down” period.  During this time recorded music shall be reduced to background level.
   

  5        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

   

  1        There shall be a personal licence holder on duty at the premises at all times when the premises are authorised to sell alcohol.
   

  2        The premises licence holder or club premises licence holder shall ensure that  an age verification policy is adopted in respect of the premises in relation to to  the supply or sale of alcohol by the adoption of the Challenge 25 scheme and  a refusal register.
   

  3        The policy must require individuals who appear to be under 25 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 ultraviolet feature. The only acceptable form of ID is either, Passport; Photo Driving Licence or Government approved Pass Card.
   

  4        All staff engaged in licensable activity at the premises will receive training and information to ensure competency in: (i) The Challenge 25 Scheme; (ii) The forms of acceptable identification; (iii) Completion and maintenance of a refusal register in relation to the sale of alcohol; (iv) Recognising signs of drunkenness; (v) Operating procedures for refusing service to any person who displays signs of drunkenness, appears to be underage 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.
   

  5        Training shall be recorded in documentary form and shall be regularly refreshed at intervals of no greater than 6 months.  Training records shall be made available for inspection and copying at reasonable times upon request of a Responsible Authority and retained for at least 12 months.
   

  6        Fire appliances and fire alarm systems shall be inspected, maintained and  replaced where necessary on an annual basis.  All routes of exit forming the means of escape from fire in the premises shall be kept clear at all times.
   

  7        Whenever the Premises are open for licensable activities after midnight a minimum of the greater of 2 door supervisors or a number at a ratio of 1:75 patrons will be employed from 21:30 hours. Door supervisors must be correctly registered with the Security Industry Authority (SIA) and carry proof of registration. A duty register will be kept of all door supervisors and will include the date and time of duty, the name, registration number and expiry date of registration. Logs will be kept for 12 months and be made available for inspection and copying upon request of an authorised officer of a responsible authority.
   

  8        Female supervisors must be available if searches are to be conducted on female customers.
   

  9        The Licensee shall keep an incident book recording all incidents pertaining to public disorder and in particular: (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 and the reasons for ejection; (iv) Any complaints received; (v) Any seizures of drugs or offensive weapons; (vi) Any faults in CCTV system; (vii) Any visits by a responsible authority under the Licensing Act 2003 or emergency service.
   

  10    Records must be completed within 24 hours of any incident and will contain the time, date, nature of the incident, names of the people involved, action taken and the name of the person responsible for the management of the premises at the time of the incident where reasonably possible. Logs will be kept for 12 months following the date of entry and will be made available for inspection and copying upon request of an authorised officer of a responsible authority.
   

  11    No person carrying open vessels containing alcohol shall be permitted to the premises at any time.
   

  12    Patrons will not be permitted to take open containers of alcohol or soft drinks from the premises.
   

  13    An anti drug policy agreed with the Police and Licensing Authority shall be in force. The Policy shall be in written form and shall include 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.
   

  14    All staff engaged in licensable activity at the premises will receive training and information to ensure competency in: (i) Identifying substance misuse; (ii) Identifying the effects of mixed alcohol and substance misuse; (iii) How to deal with persons affected by either (i) or (ii) above.
   

  15    CCTV operating in the premises must be compliant with the requirements of the Police and Licensing Authority and be operable at all times when the premises are open.  (i) A competent person who is trained in the use and management of CCTV must be present during all opening times.  (ii) Records of maintenance and servcing must be retained for at least 12 months.  (iii) Any failure in the system must be reported to the Police and Licensing Authority.  (iv) All recordings must be retained for at least 30 days.  (v) A notice must be displayed at the entrance of the premises advising that CCTV is in operation.  (vi) The competent person must be able to provide an authorised officer of a responsible authority with copies of recent CCTV images or data with the minimum of delay on request under the relevant Data Protection legislation.
   

  16    No person under the age of 18 years shall be in the premises after 22:00 hours. At any event where persons under the age of 18 years are present on the premises the management will ensure that a risk assessment is put in place to determine whether door supervisors are required and ensure that the required level of door supervisors are put in place.
   

  17    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 minimise disturbance or nuisance to neighbours.  This should include: (i) Clear and prominent notices at all exits requesting patrons to respect the needs of local residents and businesses and to leave the vicinity quickly and quietly and not to stand around talking in the street outside the premises or any carpark.  (ii) Notices shall advise that patrons causing any disturbance or disorder will be refused admission or re-entry as a result.
   

  18    The management shall take reasonable measures to ensure that local residents that may suffer disturbance either from noise or anti-social behaviour may contact, with a direct number, the management of the premises. A record of all calls received, including the date and time and the action taken shall be recorded. Records shall be made available to an authorised officer of a responsible authority throughout trading hours of the premises.
   

  19    Persons allowed out of the premises for the purposes of smoking shall be supervised by an SIA licensed door supervisor to ensure no public nuisance or obstruction of the public highway and shall be restricted to a designated smoking area defined outside the front of the venue as shown hatched on Plan NDC01. Clear and legible notices shall be prominently displayed to any designated area used for smoking and shall include the need for patrons to respect the needs of local residents and use the area quietly.
   

  To minimise noise nuisance resulting from the opening of doors and windows, a system of regulating the air temperature within the building shall be installed and maintained in a satisfactory working condition during all opening hours.
   

   

   

   

   

   

   

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 3
• Plan - Page 2 of 3
• Plan - Page 3 of 3
• Plan - Page 3 of 3