Lynton Town Hall

Lee Road, Lynton, Devon, EX35 6HT

Completed application 048366 which is a Change of Supervisor for Premises Licence from 03/07/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• 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

   

  The licensee shall manage the premises so that there is compliance with the conditions of the licence.  The licensee may nominate a responsible person or persons in writing, which should be agreed by the nominee in writing, to undertake some of those duties on his or her behalf.

   

  Management

   

  1               It is the responsibility of the licensee to ensure that:

   

  The condition of the building and activities at the premises do not endanger those present;
   

  The use of the premises does not cause disturbance to nearby residents and passers-by;
   

  That everyone leaves as quietly as possible;

  
  The volume of amplified sound is under control; and

  
  All parts of the premises which are open to the public shall have sufficient lighting to enable adequate supervision.

   

  2               Occupancy Rates: The Main Hall must not exceed a total of 200 closely seated persons or 200 persons for dance/informal activities.
  
   

  3               The licensee or a nominated person shall be in attendance during the whole period the premises are open to the public.  Where there are more than 100 persons present, the licensee or nominated person, shall be assisted by at least one steward.  The steward shall wear either distinctive clothing or a suitable armband.

   

  4               Where most of those present are under the age of 16, the number of stewards shall be not less than 1 for every 100 or part of 100.  Where there is an upper floor, there shall be 1 steward for every 50 or part of 50 on that floor.

   

  5               No exhibition, demonstration or performance of hypnotism (as defined in Section 6 of the Hypnotism Act 1952) shall be given on any person at the premises except with the written consent of the licensing authority and in accordance with any conditions attached to such consent.

   

  Fire Precautions

   

  These should be read in conjunction with the Community Hall Fire Precautions Guide and Log.

   

  6               All fire precautions with which the premises are provided shall be adequately maintained.  The fire safety provisions are indicated on the approved licensing plan and the Community Hall Fire Precautions Guide and Log contains advice on the maintenance of fire precautions.

   

  7               A logbook shall be kept in which there shall be recorded details of tests and maintenance of the fire alarm (if applicable), emergency lighting and fire fighting equipment.

   

  8               The licensee, nominated person and any stewards, shall be familiar with the fire routine for the premises and means of calling the fire service.

   

  9               The licensee, or nominated person, before admittance of the public, shall:

   

  Check that every exit door is unlocked and will easily open from the inside and ensure that all keys and other security fastenings are removed;
   

  Walk each internal route leading to the exit doors to ensure that the route is unobstructed and safe to use;
   

  Walk each external route leading from the exit doors to the assembly point to ensure that the route is unobstructed and safe to use; and

  
  Unless the premises are being used in daylight without restriction of natural light, switch on the appropriate general lighting to ensure that the exit doors, internal and external exit routes and exit signs are illuminated.

   

  10           If the premises are to be used for any purpose involving a closely seated audience, the seating arrangement shall first be approved by the licensing authority.  A plan showing the approved layout shall be displayed next to the licence.

   

  11           The written consent of the licensing authority shall be obtained before constructing a stage.

   

  12           All heating appliances shall be fixed in position and be adequately guarded.

   

  13           No explosive or highly flammable material shall be brought into the premises and no liquefied petroleum gas cylinders shall be used or stored in any part of the premises while the public is present.

   

  14           No naked flames, smoke machines, lasers or pyrotechnics shall be used without the written consent of the licensing authority.

   

  15           Smoking shall not be permitted on stage without the written consent of the licensing authority and shall not be permitted backstage, including dressing rooms.  Prominent, “No Smoking” signs shall be displayed in the backstage areas.

   

  16           Curtains, drapes or other decorative material shall either be inherently non-flammable or comply with the current British Standard or an equivalent European Standard.  Scenery must be flame retardant.

   

  Buildings

   

  17           All toilet facilities shall be kept clean and in good working order and all doors leading to these facilities shall be suitably marked.

   

  18           Before carrying out any alteration to the premises, including the electrical installation, the wall and ceiling linings or any material alteration to the internal arrangement of the premises, the written consent of the licensing authority shall be obtained.

   

  19           Any alteration or addition to the electrical installation during the currency of the licence shall be in accordance with current IEE Regulations and re-inspected and tested and a copy of the certificate of inspection sent to the licensing authority on completion of the works.

   

  20           All electrical sockets available for use by performers for their equipment, shall be protected with a residual current device sensitive to tripping currents of not more than 30 milliamps.  This shall be achieved by either the provision of a protected circuit or as part of the socket outlet.

   

  21           The licensed premises shall be maintained in their present condition and no alterations shall be made therein, either in construction, re-arrangement of public accommodation or exits, or otherwise, without the consent of the appropriate Authority.  Application for permission to effect any such alterations shall be made in accordance with the regulations of the appropriate Authority.
   

  22           The entrance doors to the main hall (first floor) shall be secured in the open position when the premises are being used for the purpose of the licence.
   

  23           The door leading from the dressing room (green room) to the staircase shall be secured in the open position when the premises are being used for the purpose of the licence.
   

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

  25           Any door supervisors used shall be registered with the SIA.
   

  26           CCTV shall be installed at the entrance to the premises.
   

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

  28           Doors and windows shall be kept in the closed position except as provided for in conditions 22 and 23 above.
   

  29           Proof of age shall be sought from anyone seeking to purchase alcohol who appears to be under the age of 18 years and a ‘Proof of Age’ card system used.
   

  30           All bar staff, when recruited, shall be trained on the Licensing Act 2003 and on "drug awareness".
   

  31           No smoking shall be permitted in the premises.
   

  32           The nature of the premises shall remain as a community amenity.
   

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

   

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

  35           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 2
• Plan - Page 2 of 2