Golden Lion Tap

The Square, Barnstaple, Devon, EX32 8LS

Completed application 044429 which is a Variation Application for Premises Licence from 04/08/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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        Admission of children (under the age of 18) to any exhibition of films must be restricted in accordance with the film classification body designated as the authority under Section 4 of the Video Recordings Act 1984.

   

  5        Where the film classification is not specified or the relevant licensing authority has notified the premises licence holder under Section 20(3)(b) of the Licensing Act 2003, the admission of children must be restricted in accordance with any recommendation made by the Licensing Authority.
   

  6        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).
   

   

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

   

  8.              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.

   

  9.              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.

   

  10.              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.

   

  11.              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.

   

  12.              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.

   

  13.              For the purposes of the condition 12 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.

   

  14. Where the permitted price given by Paragraph (b) of Condition 13 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.

   

  15.              (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 times permitted to sell alcohol do not prohibit or restrict the supply to, or consumption by, any person of alcohol in any premises where the premises are bona fide used, or intended to be used, for the purpose of habitually providing for reward, board and lodging, including breakfast and at least one customary main meal.

   

  2        The times permitted to sell alcohol do not prohibit or restrict the sale of alcohol to a trader for the purposes of their trade or to a club with a Club Premises Certificate for the purposes of the club.

   

  3        The times permitted to sell alcohol do not prohibit or restrict the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered.

   

  4        The times permitted to sell alcohol do not prohibit or restrict the taking of alcohol from the premises by a person residing there.

   

  5        The times permitted to sell alcohol do not prohibit or restrict the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by them at their own expense, or the consumption of persons so supplied.

   

  6        The times permitted to sell alcohol do not prohibit or restrict the supply of alcohol for consumption on premises to persons employed there for the purposes of the businesses carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  7        The times permitted to sell alcohol do not prohibit or restrict the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces.

   

  8        The times permitted do not prohibit or restrict, during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel.
   

  9        A minimum of two SIA licensed door supervisors shall be on duty at the premises from 21:00 hours until closing time on Thursday, Friday and Saturday nights. If customer numbers exceed 150 then a minimum of one additional SIA licensed door supervisor will be required to be employed for every 75 customers.
   

  10    Door supervisors shall be correctly registered with the SIA.
   

  11    The door supervisors shall display the correct name badge.
   

  12    The door supervisors shall carry proof of registration.
   

  13    The door supervisors shall have two way radios and be used at a ratio to be agreed with the Police and Local Authority (currently 1:75).
   

  14    A female supervisor shall be available if searches are to be conducted on female customers.
   

  15    Where there are 5 or more door supervisors, at least one of these will be female.
   

  16    The door supervisors shall wear clothing that can be easily and clearly identifiable on CCTV, i.e. wear a reflective number between 1 and 99 ( at least 100 mm high) in a prominent position on the upper part of the body.
   

  17    The door supervisors shall be in attendance at the entrance of the premises from 2100 hrs until the main exit doors to the premises are closed and at any time when patrons may be queuing for access.
   

  18    A notice shall be displayed at the entrance to the premises advising that CCTV is in operation .
   

  19    The CCTV system shall work to the satisfaction of the Police and Local Authority.
   

  20    CCTV cameras shall be situated throughout the premises.
   

  21    If the CCTV becomes inoperative, the Police and Local Authority shall be informed as soon as possible and immediate steps taken to put the equipment back into action.
   

  22    Recordings shall be kept for an appropriate period, generally one month, but to be agreed with the Police and Local Authority.
   

  23    All customers shall enter and exit the premises by the front entrance on to The Square.
   

  24    No customers shall be permitted to take open containers of alcoholic or soft drinks from the premises.
   

  25    Entrance and inner doors to the rear elevation shall not be restrained open at all times that regulated entertainment is taking place.
   

  26    The premises may remain open for no more than 30 minutes after the end of the period during which the retail of alcohol is permitted, as a ‘wind-down’ period.
   

  27    There shall be a regular collection of glasses.
   

  28    Fire appliances shall be inspected and if necessary, replaced, on an annual basis.
   

  29    There shall be an annual electrical safety check by a qualified electrician.
   

  30    Emergency lighting shall be installed in all areas of the premises where the public may have access.
   

  31    All electrical circuits shall be protected by trip switches approved under IEEC Regulations.
   

  32    Recorded music shall be reduced to background level during the “wind-down” period. Background music is taken to mean that which is inaudible at the boundary of the premises.
   

  33    A notice shall be placed prominently at all exits asking customers to leave quietly on occasions when entertainment is taking place.
   

  34    Kitchen extractor filters shall be cleaned at least once a week to minimise the impact of cooking smells on neighbours.
   

  35    Discarding of empty glass bottles into any outside waste container shall not take place between 2400 hrs and 0800 hrs.
   

  36    Live music after 11pm shall be limited to take place on no more than 4 occasions per week and shall consist predominantly of no more than 4 performers to reflect the current restriction and noise output.
   

  37    Photographic proof of age will be required from anyone seeking to purchase alcohol who appears to be under 21 years of age.
   

  38    Gaming machines shall be sited so at to be in full public view from the bar.
   

  39    A clear and legible notice shall be displayed outside the premises indicating the normal hours under the terms of the premises licence during which licensable activities are permitted.
   

  40    A notice shall be placed inside the premises warning of potential criminal activity, such as theft.
   

  41    The premises shall operate a radio system with connection to the Barnstaple CCTV control room.
   

  42    All staff shall be fully trained to perform their role. They will also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions.
   

  43    Additional training will be offered by Management for some designated staff employees in   conflict management, safe evacuation procedures and first aid.
   

  44    Training shall be recorded in documentary form that will be available for inspection at the request at all reasonable times by an authorised officer from a relevant responsible authority. The records will be retained for at least 12 months.
   

  45    An incident book shall be maintained to record any activity of a violent, criminal or anti -social nature. Records must be completed within 24 hours of an 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. An incident book shall be available for inspection at all reasonable times by an authorised officer of relevant responsible authority. The records will be retained for at least 12 months.
   

  46    All parts of the premises and all fittings and apparatus therein, door fastenings and notices and the seating, lighting, heating, electrical, ventilation, sanitary accommodation, washing facilities and other installations, will be maintained at all times in good order and safe condition.
   

  47    A prominent clear and legible notice will be displayed at all exits requesting the public to respect the needs of nearby residents and to leave the premises and the area quietly.
   

  48    Deliveries of materials 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.
   

  49    No refuse or bottle bins located on the premises to be emptied after 9pm at night.
   

  50    All doors and windows shall be kept shut during regulated entertainment taking place after 11pm at night.
   

  51    Staff that arrive early or depart late shall be instructed to minimise disturbance to nearby neighbours.
   

  52    Customers will be asked to leave quietly and be encouraged not to stand outside premises after the close of licensing hours.
   

  53    A dedicated taxi number shall be displayed inside the premises.
   

  54    No speakers shall be positioned on any wall adjacent residential properties.
   

  55    There shall be no admission of unaccompanied children at any time.
   

  56    Admission of accompanied children is restricted after 9pm unless attending a pre-arranged private function.

   

  57    The sale by retail of alcohol and regulated entertainment shall be confined to the area (s) as outlined in PINK on the attached plan (s).
   

  58    Late night refreshment shall be confined to the area (s) as outlined in GREEN 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