The Sardine Festival

East Quay, Brixham Fish Market, Brixham, Devon, TQ5 8AW

Open application 073609 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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.

   

  Door supervision

   

  1)              Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.

   

  2)              But nothing in subsection (1) requires such a condition to be imposed-

                (a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c.12) (premises with premises licences authorising plays or films), or

                (b) in respect of premises in relation to-

                (i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

                (ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

   

  3)              For the purposes of this section-

                (a) "security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies, and

                (b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  The prevention of crime and disorder

   

  1.              All staff engaged in licensable activity at the premises will receive training and information in relation to the following:

   

                a. The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

                b. The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

                c. How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

                d. Recognising the signs of drunkenness.

                e. 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.

                f. 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 refreshed at no greater than 12 month 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.

   

  2.              An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details:

   

                a. Any incidents of disorder or of a violent or anti-social nature

                b. All crimes reported to the venue, or by the venue to the police

                c. All ejections of patrons

                d. Any complaints received

                e. Seizures of drugs or offensive weapons Any faults in the CCTV system

                f. Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.

   

                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. 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.

   

  3.              Alcohol Consumption

   

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

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

   

  4.              Retail sale of alcohol shall only take place from a fixed bar, no mobile dispense sales will take place.

   

  5.              Door supervisors

   

                a. SIA licensed door supervisors are to be employed when an event exceeding 500 people are present at the event.

                b. All SIA licensed door supervisors shall wear distinctive clothing or insignia to clearly identify them as door supervisors. Door supervisors on duty at the entrance(s) shall wear 'high visibility' clothing (such as a jacket or waistcoat).

                c. 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

                iv. The date and time they completed their duty

                v. The full details of any agency through which they have been allocated to work at the premises if appropriate. The register shall be available for inspection and copying at all reasonable times by an authorised officer of a responsible authority.

                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.

                e. All SIA licensed door supervisors will be provided with wor ing radios to enable them to contact each other and the duty manager at the premises at all times whilst on duty.

   

  Public safety

   

  1.              In respect of all events where the attendance shall be 1500 persons or less, advance notice of the date, times and type of event being planned, will be provided to the Licensing Authority by email at the earliest opportunity, with an Event Management Plan to be submitted to PSAG (Public Safety Advisory Group) at least 2 months in advance of the first day of the event.

   

  2.              All events shall be run and managed in accordance with the Event Management Plan.

   

  3.              Provide adequate First Aid, Fire Equipment and SIA qualified Marshalls.

   

  The prevention of public nuisance

   

  1.              All events will comply with the Noise Management Plan in place as approved by the Council’s Environmental Health Officer.

   

  2.              Construction and deconstruction of the fencing, staged area and units ancillary to the event shall not be carried out between the hours of 23.00 and 08.00.

   

  3.              Noise or vibration shall not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed. In general terms, noise from the premises should not be audible within any noise sensitive premises (e.g. dwelling) with windows open for normal ventilation. This shall be assessed from the boundary to the nearest residential properties, on all sides of the licensed premises.

   

  4.              While live or recorded music takes place regular monitoring of noise levels at the nearest noisesensitive locations shall take place. A record shall be kept of any monitoring, including:

                i. The date, time and location of the monitoring

                ii. The name of the person monitoring

                iii. Any action taken.

   

  5.              In respect of events, the licensee shall ensure that clear and unobstructed signs are displayed at all points of exit encouraging patrons to leave the premises quietly and with respect for local residents.

   

  6.              Appropriate bins will be provided, and post event litter arrangements shall be in place for litter pick and waste removal.

   

  The protection of children from harm

   

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

   

  2.              The Premises Licence Holder or nominated person shall ensure that the accommodation limit(s) specified on the licence is/are not exceeded and shall be aware of the number of the people on the premises at all reasonable times. This information shall be immediately available on the request of an authorised officer of a responsible authority.

   

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

   

  4.              Proof of Age Scheme

   

                a. 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 identification documents will be:

                i. A photo driving licence

                ii. A passport

                iii. An identification card carrying the PASS hologram

                iv. MOD Form 90 (ID Card).

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

                b. 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.

   

Premises Plans

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