Dolphin Princess

(moored at), Brixham Harbour, Brixham

Completed application 070535 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 05/04/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

•  

  ANNEXE 1

   

  MANDATORY CONDITION: WHERE LICENCE AUTHORISES SUPPLY OF ALCOHOL

   

  1)              No supply of alcohol may be made under the premises licence:-
   

  ()        at a time where there is no designated premises supervisor in respect of the premises licence, or
   

  ()        at a time when the designated premises supervisor does not hold a personal licence or his/her personal 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)              (1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

  (2) 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 disability).

   

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

   

  5)              (1) 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.

   

  (2) 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.

   

  (3) 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) a holographic mark, or

   

  (b) an ultraviolet feature.

   

  6)              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.

   

  Minimum Drinks Pricing

   

  1)              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.

   

  2)              For the purposes of the condition set out in paragraph 1

   

  (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 + (DxV)

   

  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) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

   

  3)              Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from the 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.

   

  4)              (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 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

  General

   

  1.              All necessary steps shall be taken to promote the licensing objectives and all persons will be trained and familiar with all relevant information concerning - local crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm. keeping in close contact with relevant authority and the MCA - Maritime and Coastguard Agency .

   

  2.              The vessel is licensed for 142 passengers.

   

  3.              Full vessel safety announcement will be given to all passengers prior to departing the Harbour.

   

  The prevention of crime and disorder

   

  1.              All staff engaged in licensable activity at the premises will receive the relevant and up to date 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 certificate issues under the Licensing Act 2003 and the conditions attached to the licence.

                iii. How to complete and maintain the refusal register in operation on 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 (12 months) intervals.

   

  3.              Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.

   

  4.              Training records will be retained for at least 24 months.

   

  5.              Any incident is recorded in the daily log books, and relayed to the Designated Person Ashore who will liase with the Director/Licence Holder for further instruction.

   

  6.              An incident log shall be kept and maintained at the Company registered office premises which will include a log of the following, including pertinent details (select from the following):

   

                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.

   

  7.              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.

   

  8.              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.

   

  9.              Open containers of alcohol shall not be removed from the premises.

   

  Public safety

   

  1.              The maximum number of persons (including staff and entertainers) allowed at the premises shall not exceed the Maritime and Coastguard Agencies (MCA) loading condition of 145 persons on board including crew/staff.

   

  2.              A suitable system must be in place to accurately indicate the number of customers (including staff, entertainers etc.) on the premises at any time, a clicker as approved by the MCA.

   

  3.              Manual and automatic electronic number control systems shall be installed, used and maintained at the premises at all times the premises is open to the public. This is done through a clicker, manual counting and then this information is electronically relayed via the internal whatsapp group (departure message) as required by the MCA.

   

  4.              The number of persons permitted in the premises at any one-time (including staff) shall not exceed 145 persons.

   

  5.              All drinks shall be served in plastic/paper/toughened glass or polycarbonate containers.

   

  6.              No drinking vessel, may be taken from the premises.

   

  7.              The Dolphin Princess is insured and is fully compliant with MCA (Maritime and Coastguard Agency) regulation and rules for passenger carrying operations.

   

  8.              Crew shall be trained with all public safety and a record of their completed training will be kept aboard, this includes responding to elderly passengers, disabled or of a reduced mobility and first aid.

   

  9.              Passengers will be refused entry if they are deemed to be intoxicated

   

  The prevention of public nuisance

   

  1.              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 vessel as quickly and quietly as possible.

   

  2.              All speakers onboard internally and externally on the Dolphin Princess are marine type and have been fitted in accordance with our licence conditions with the MCA. These speakers are used to announce the safety precuations for departure and embarkment during our trips and excurtions, and for use for music for parties in the open sea.

   

  3.              The Dolphin Princess has two outside areas at the front and at the rear of the vessel and passengers can access these areas only if they are abiding by the vessels safety requirements by seating when required and being sensible and safe at all times. Passengers are not allowed to stand on steps, vessel seats or any other raised part. This is in compliance with the MCA regulations. The over riding responsibility of all areas of the vessel is the Captain (skipper) and crew, this is announced on the safety announcement at the start of any trip, any one or party that does not comply can result in the trip being cancalled and returning to the nearest port, and authorities such as the Police will be contacted for our arrival at port.

   

  4.              All the rubbish produced by the premises shall be stored securely in a designated area onboard the vessel and will be disposed of at port in the marine disposal scheme Brixham Harbour

   

  5.              External lighting will be used for the purpose of safety and navigation during the hours of operation and for event lighting disco type lighting will cease at 11pm.

   

  The protection of children from harm

   

  1.              The premises shall operate a Challenge 25 Policy and any individual who appears to be under the age of 25 will be required to produce an approved form of photographic identification i.e.

                             A photo driving licence

                             A passport

                             An identification card carrying the PASS hologram

                Unless such identification is produced the sale of alcohol must be refused.

   

  2.              The premises shall display prominent signage indicating at any point of sale that a Challenge 25 scheme is in operation.

   

  3.              Unaccompanied children (under 16) will not be allowed upon the premises at any time.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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