North Devon Resort

Marlborough Road, Ilfracombe, Devon, EX34 8PF

Completed application 055691 which is a Request for Removal of Premises Supervisor for Premises Licence from 10/01/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• 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        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 premises 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.  Training shall be recorded in documentary form and shall be regularly refreshed at 12-month intervals.  Training records shall be made available for inspection and copying at reasonable times upon request of an authorised office or a responsible authority.  Training records will be retained for at least 12 months.
   

  2        Any incidents of a criminal nature that may occur on the premises will be reported to the Police.
   

  3        The Licensee will install comprehensive CCTV coverage at the premises and that it is operated and maintained at the premises.
   

  4        The CCTV shall conform to the following points: (i) Cameras must be sited to observe the entrance and exit doors both inside and outside; (ii) Cameras on the entrances must capture full frame shots of the heads and shoulders of all people entering the premises i.e. capable of identification; (iii) Cameras viewing till areas must capture frames not less than 50% of screen; (iv) Cameras overlooking floor areas should be wide angled to give an overview of the premises; (v) Be capable to visually confirming the nature of the crime committed; (vi) Provide a linked record of the date, time and place of any image; (vii) Provide good quality images - colour during opening times; (viii) Operate under existing light levels within and outside the premises; (ix) Have the recording device located in a secure area or locked cabinet; (x) Have the recording device located in a secure area or locked cabinet; (xi) Be regularly maintained to ensure continuous quality of image capture retention; (xii) Have signage displayed in the customer area to advise that CCTV is in operation; (xiii) Digital images must be kept for 31 days; (xiv) Police will have access to images at any reasonable time; (xv) The equipment must have a suitable export method e.g CD/DVD writer so that the Police can make an evidential copy of any data they required.  Copies must be made available to the Police on request.
   

  5        Clear and legible notices will be prominently displayed to remind customers to leave quietly and have regard to neighbours.
   

  6        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 documents will be: (i) A photo driving licence; (ii) A passport; (iii) An identification card carrying the PASS hologram.  Unless such identification is produced the sale of alcohol must be refused.  The policy will include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18.
   

  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 other relevant observations.  The refusals register will be made available for inspection and copying on request of an authorised officer of a responsible authority.  All entries must be made within 24 hours of the refusal.
   

  8        Door supervisors will be provided on the basis of a risk assessment, to be regularly reviewed and updated when necessary.  Such a risk assessment will be made available to the Police upon request, and will take account of intelligence received from the Police, allowing it to be both reactive and proactive in its support of the licensing objectives.
   

  9        All SIA licensed door supervisors shall wear distinctive clothing or insignia to clearly identify them as door supervisors.
   

  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; (iii) The date and time they completed their duty; (iv) The full details of any agency through which they have been allocated.
   

  11    The register shall be available for inspection by an authorised officer of a responsible authority.
   

  12    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 with the premise.
   

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

  14    The supply of alcohol shall be confined to the area (s) as outlined in RED on the attached plan (s).
   

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

  16    Late night refreshment shall be confined to the area (s) as outlined in GREEN on the attached plan (s).

   

   

   

   

   

   

• ANNEXE 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE - CONVENIENCE STORE

   

  1        The premises will operate an electronic point of sales (EPOS) system, which will highlight when any age restricted products are scanned and alert the cashier conducting the transaction.
   

  2        The premises licence holder will fully participate and support any reasonable local initiatives promoted by the police or other responsible bodies, including off watch (where it may exist).
   

  3        A CCTV system shall be designed, installed and maintained in proper working order, to the satisfaction of, and in consultation with the Police.  Such a system shall:  (i) be operated by properly trained staff; (ii) be in operation at all times that the premises are open; (iii) ensure coverage of all public entrances and exits, till areas, any existing outside areas and other areas as required by the Police; (iv) Be kept in a secure environment under the control of a responsibly named individual; (v) During the times licensable activities are provided, have a member of staff available and trained in the retrieval of CCTV footage, with the ability to download the relevant footage onto a disc at the request from the Police; (vi) Be capable of recognition of all persons entering the premises; (vii) Provide continuous recording facilities for each camera to a high standard of clarity.  Such recordings shall be retained on tape/disc/hard drive or otherwise for a minimal period of 28 days and shall be supplied to the Police or local authority on request.  Images recorded are to be retained in an unedited format and the CCTV system must continually record whilst the premises is open.
   

  4        The Premises Licence Holder shall ensure that all relevant members of staff receive training in their responsibilities under the Licensing Act 2003.  Such training shall be documented and records made available upon lawful request from the Police or an authorised officer of the Licensing Authority.  Training will be refreshed on a regular basis.
   

  5        The Premises Licence Holder will at all times maintain adequate levels of staff.  Such staff levels will be disclosed, on request, to the Police and Licensing Authority.
   

  6        An incident and refusals book/log shall be kept at the premises which is utilised and maintained at all times.  This book/log will be available to the Police or Licensing Authority on lawful request.
   

  7        The Premises Licence Holder will ensure that an age verification policy will apply to the premises whereby all cashiers will be trained to ask any customer attempting to purchase alcohol who appears to be under the age of 25 years (or older if the licence holder so elects) to produce, before being sold alcohol, identification bearing the customers photograph, date of birth and the proof of age standards scheme (or similarly accredited scheme) hologram.
   

  8        Challenge 25 posters shall be displayed at the entry point to the premises, adjacent to the alcohol displays, and adjacent to the till area.
   

  9        The convenience store shall sell alcohol for off sales only between the hours of 08:00 and 23:00 every day.
   

  10     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

• Amended plan - Page 1 of 1