Imperial Hotel

Litchdon Street, Barnstaple, Devon, EX32 8NB

Completed application 048774 which is a Change of Supervisor for Premises Licence from 21/09/2018 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        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        Door supervisors will only be required at events identified by the hotel management.
   

  2        On such occasions, those door supervisors shall be correctly registered with the S.I.A.
   

  3        They shall display the correct name badge.
   

  4        They shall carry proof of registration.
   

  5        They shall be used at a ratio to be agreed by the Police and Local Authority, which is currently 1:75.
   

  6        CCTV shall be installed and working to the satisfaction of the Police and Local Authority.
   

  7        Recordings shall be maintained for an appropriate period (generally one month - but to be agreed with the Police and Local Authority).
   

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

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

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

  11    A proof of age policy to the satisfaction of the Police and Local Authority shall be in place.
   

  12    All-inclusive nights or other irresponsible drinks promotions shall not be permitted.
   

  13    An anti-drug policy agreed with the Police and Local Authority shall be in place.
   

  14    A secure facility to store controlled drugs shall be available.
   

  15    A policy shall be in force for the management of large groups, i.e. hen and stag parties. The group shall be required to nominate a responsible person to liase with the staff.
   

  16    An incident book shall be kept and details recorded of all instances of public disorder.
   

  17    All exit doors shall be easily openable without the use of a key, card, code or similar means and shall be available for egress while the public are on the premises.
   

  18    Means of escape shall be maintained unobstructed, immediately available and clearly identifiable.
   

  19    Exit doors shall be regularly checked to ensure they function satisfactorily.  Records of these checks will be kept and produced on request.
   

  20    Any removable security fastenings shall be removed whenever the premises are open to the public or staff.
   

  21    All fire doors shall be maintained effectively self-closing and shall not be held open other than by approved devices.
   

  22    Fire resisting doors to service shafts, ducts and cupboards shall be kept locked shut.
   

  23    Step and stair edges shall be highlighted so as to be conspicuous.
   

  24    All gangways, exitways and treads of steps or stairways shall be maintained with non-slippery and even surfaces.
   

  25    All floor coverings shall be secured and maintained so that they will not ruck.  Mats will be fitted into matwells so as to be flush with the floor surface.
   

  26    Hangings, curtains and temporary decorations shall be maintained in a flame retardant condition.
   

  27    Upholstered seating shall be fire retardant and compliant with current fire safety regulations.
   

  28    Curtains, hangings and temporary decorations shall not obstruct exits, fire safety signs or fire-fighting equipment.
   

  29    Notices detailing the actions to be taken in the event of fire or other emergency shall be prominently displayed and maintained in good condition.
   

  30    Access shall be provided for emergency vehicles and this access will be kept clear and free from obstruction.
   

  31    Fire drill and emergency lighting tests shall be conducted monthly.  Records of these tests will be made available to the Licensing Authority upon request.
   

  32    All fire exits and means of escape shall be signed in accordance with BS5499.
   

  33    An evacuation policy shall be in place that is to the satisfaction of the Fire Authority.  All staff members will be trained in the evacuation policy.
   

  34    The fire brigade shall be called to any outbreak of fire, however slight.
   

  35    Wall and ceiling finishes shall be fire resistant.
   

  36    Exit doors shall open outwards (or will be secured in the open position).
   

  37    When disabled people are present, adequate arrangements shall exist to enable their safe evacuation in the event of an emergency.
   

  38    Disabled people on the premises shall be made aware of these arrangements.
   

  39    Adequate and appropriate supply of first aid equipment and materials shall be available on the premises.
   

  40    At least one suitable trained first aider shall be on duty when the public are present.
   

  41    If more than one first aider is present, their respective duties shall be clearly defined.
   

  42    The first aider shall be trained to deal with drug and alcohol related problems.
   

  43    In the absence of adequate daylight, the lighting in any area accessible to the public shall be fully operational.
   

  44    Fire safety signs shall be adequately illuminated.
   

  45    Emergency lighting will not be altered.
   

  46    Emergency lighting batteries will be fully charged before the admission of the public.
   

  47    In the event of failure of normal lighting, where the emergency lighting battery has a capacity of one hour, evacuation of the premises will be possible within 20 minutes.
   

  48    Where the emergency lighting battery has a capacity of three hours, evacuation of the premises will be possible within one hour.
   

  49    Emergency lighting tests will be conducted monthly.  Records of these tests will be made available to the Licensing Authority upon request.
   

  50    A satisfactory NICEIC or ECA periodic electrical installation report shall be available for inspection.
   

  51    A satisfactory NICEIC or ECA periodic emergency lighting report shall be available for inspection.
   

  52    A Gas Save certificate of inspection in respect of any gas boiler, calorifier or appliance shall be available for inspection.
   

  53    An OFTEC certificate of inspection in respect of any oil-fired boiler or appliance shall be available for inspection.
   

  54    A certificate by a suitably qualified professional in respect of any suspended ceilings at the premises shall be provided.  It shall be provided every five years.
   

  55    A confirmation of public liability insurance in the minimum sum of £2 million shall be provided. A new certificate will be provided each year.
   

  56    A certificate of inspection for portable fire fighting equipment shall be provided.  The inspection will be carried out annually and a new certificate provided each year.
   

  57    A certificate of inspection for any fire detection alarm at the premises shall be provided. The inspection will be carried out annually and a new certificate provided each year.
   

  58    Where a temporary electrical installation is being used, a temporary electrical installation report by a NICEIC or ECA electrician or a certificate of compliance with BS7909 will be provided.
   

  59    An appropriately qualified medical practitioner will be present throughout a sports entertainment involving boxing, wrestling, judo, karate or other sports entertainment of a similar nature.
   

  60    At any wrestling or similar entertainment, members of the public will not occupy any seat within 2.5 metres of the ring.
   

  61    It shall be ensured that the public are not admitted to any part of the premises other than those which have been approved by the Council.
   

  62    Overcrowding will not be allowed in any part of the premises.
   

  63    Where tables and chairs are provided, clear gangways to exits will be maintained.
   

  64    Portable heating appliances will not be used at the premises.
   

  65    Appliances utilising cylinders or containers of gas will not be used on the premises.
   

  66    Paraffin or other mineral oil will not be used in any lamp, stove or other appliance except for cooking purposes.
   

  67    The premises will be adequately ventilated in all areas to which the staff and public have access.
   

  68    Noise or vibration will not be audible at the façade of any noise sensitive premises.
   

  69    Doors and windows will be kept closed whenever necessary.
   

  70    The use of explosives, pyrotechnics and fireworks of a similar nature which could cause disturbance in surrounding areas will be restricted.
   

  71    The placing of bottles into receptacles outside the premises will take place at times that will minimise disturbance to nearby properties.
   

  72    For the final hour of opening the music will be discernibly quieter.
   

  73    The sale by retail of alcohol shall be confined to the area (s) as outlined in RED on the attached plan (s).
   

  74    Regulated entertainment shall be confined to the area (s) as outlined in BLUE on the attached plan (s).
   

  75    Late night refreshment shall be confined to the area (s) as outlined in BLACK 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