Digz Nightclub

11-12 High Street, Ilfracombe, Devon, EX34 9DF

Completed application 050262 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 03/05/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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 supply of alcohol and regulated entertainment shall be confined to the area (s) as outlined in RED on the attached plan (s).

• ANNEXE 3 - CONDITIONS ATTACHED AFTER A HEARING

   

  1        All staff engaged in licensable activity at the premises will receive training and information in relation to the following: (i)  The Challenge 21 scheme in operation at the premises, including the forms of identification that are acceptable; (ii) The hours and activities permitted by the premises licence 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 4 monthly intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.  Training records will be retained for at least 12 months.
   

  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        The consumption of alcohol on the premises shall cease at Monday - Wednesday 01:00, Thursday - Sunday 03:30.
   

  7        There shall be no consumption of beverages purchased from the premises outside the premises.
   

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

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

  10    An attendant shall be on duty in the cloakroom the whole time it is in use.
   

  11    There shall be no self service of alcohol on the premises.
   

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

  13    A minimum of 2 SIA licensed door supervisors shall be on duty at the entrance of the premises at all times until the premises have closed and all customers have left.
   

  14    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; (v) The date and time they completed their duty; (iv) The full details of any agency through which they have been allocated to work at the premises if appropriate.
   

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

  16    The register shall be kept at the premises at all times 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.
   

  17    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.
   

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

  19    A clear and legible notice must be prominently displayed at all entrances to the premises advising those attending, that the Police will be informed if anyone is found in possession of controlled substances or weapons.
   

  20    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.
   

  21    The premises shall install operate and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police and local authority.
   

  22    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 licence holder.
   

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

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

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

  26    All recordings will be stored for a minimum period of 21 days with date and time stamping.
   

  27    Viewable copies of recordings will be provided on request to the Police and local authority officers as soon as is reasonably practicable and in accordance with the Data Protection Act 1998 (or any replacement legislation) OR a staff member from the premises who is conversant with the operation of the CCTV system, shall be on the premises at all times when the premises are open.  This staff member must be able to provide an authorised officer of a responsible authority, copies of recent CCTV images or data with absolute minimum of delay when requested in accordance with the Data Protection Act 1998 (or any replacement legislation).
   

  28    The applicable condition will be based on the size/location and business operation of the premises, assessed on an individual basis.
   

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

  30    There will be security measures in place to ensure the integrity of the system to prevent the tampering with, and deletion of, images.
   

  31    The CCTV system will be fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document www.ico.org.uk  <https://ico.org.uk/>(or any renewed equivalent guidance which is subsequently issued) regarding installation of CCTV is provided at the premises.
   

  32    If the CCTV equipment (including any mobile units in use at the premises) breaks down the Licensing Authority and the Police must be informed as soon as is reasonably practicable. This information shall be contemporaneously recorded in an incident report register and shall include the time, date and means this was done and to whom the information was reported. Immediate steps must be taken to put the equipment back into action. The Licensing Authority and the Police shall be informed when faults are rectified.
   

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

  34    Clear and legible notices shall be prominently displayed at the entrances to the premises advising that of patrons because any disturbance or disorder admission will be refused as a result.
   

  35    No speakers for amplification of music shall be placed on the outside of the premises or on the outside of any building forming a part of the premises.
   

  36    The handling of kegs, bottles cleaning equipment, bottle disposal and similar items shall not take place before 09:00 or after 18:00.
   

  37    No deliveries (in relation to licensable activities) to the premises shall take place between 18:00 hours and 06:00 hours.
   

  38    The Premises Licence Holder or Designated Premises Supervisor shall be available at all times during regulated entertainment and be responsible for co-operating and liaising with any responsible authority.
   

  39    The Premises Licence Holder or nominated person shall control the sound levels of the music/entertainment.
   

  40    Customers shall not enter or leave the premises by fire exits except in the event of an emergency.
   

  41    After 00:30 hours noise levels in outside areas will be monitored and controlled to minimise any potential impact on local residents. Customers will be advised of the need to respect local residents where appropriate. Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises.
   

  42    The maximum number of persons (including staff and entertainers) allowed at the premises shall not exceed 400.
   

  43    A suitable system (Tally Counter) will be in place to accurately indicate the number of customers (including staff, entertainers etc.) on the premises at any time.
   

  44    A suitable and sufficient air circulation and management system must be installed within the premises which will be used during regulated entertainment. (The purpose of this condition is to maintain a reasonable internal air temperature so as to avoid patrons or staff opening windows and doors to ventilate the premises. Additional conditions are in place to prevent the opening of windows and doors to minimise noise breakout).
   

  45    Queuing outside the premises shall be restricted to a designated area located at front left side.
   

  46    All drinks shall be served in polycarbonate containers.
   

  47    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.
   

  48    The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.
   

  49    Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.
   

  50    There will be in place a written age verification policy in relation to the sale or supply of alcohol, which will specify a Challenge 21 proof of age requirement. This means that staff working at the premises must ask individuals who appear to be under 21 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.  Unless such identification is produced the sale of alcohol must be refused.
   

  51    This policy will include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18.
   

  52    The premises shall display prominent signage indicating (at any point of sale/at the entrance to the premises/in all area where alcohol is located, that a Challenge 21 scheme is in operation.
   

  53    Accompanied children under 18 will only be allowed to remain on the premises between 10:00 hours and 22:00 hours.
   

  54    No person under the age of 18 will be permitted to enter or remain on the premises when any “specified activity “is taking place. Specified activities are: Any live performance; or any live display or nudity; which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).
   

  55    Display of nudity means: In the case of a woman, exposure to her nipples, pubic area, genitals or anus; and in the case of a man, exposure to his pubic area, genitals or anus.
   

  56    Customers will be reminded that it is a criminal offence for a person under 18 to purchase or attempt to purchase alcohol and that it is also an offence to purchase alcohol on behalf of a person under 18.
   

  57    The premises may remain open for the sale of alcohol and the provision of late night refreshment from the terminal hour for those activities on New Year's Eve through to the commencement time for those activities on New Year's Day.
   

  58    On the morning that Greenwich Mean Time changes to British Summer Time one hour will be added to the terminal hour of any activities and to the closing time for the premises where the existing terminal hour for the activities and/or closing hour for the premises ends after 01.00hrs.

• ANNEXE 4 - PLANS

   

  Copy attached to Licence.

   

Premises Plans

• Plan - Page 1 of 1