The George Inn

48 Babbacombe Road, Torquay, Devon, TQ1 3SW

Completed application 042440 which is a New Mandatory Conditions for Premises Licence from 03/12/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• 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

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

   

  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:

   

  (a)               during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

   

  (b)               during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
   

  (c)               during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
   

  (d)               consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
   

  (e)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
   

  (f)               the sale of alcohol to a trader or club for the purpose of the trade or club.
   

  (g)               the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
   

  (h)               the taking of alcohol from the premises by a person residing there; or
   

  (i)               the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
   

  (j)               the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of the employer or of the person carrying on or in charge of the business on the premises.

  Credit Sales

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

   

  (a)               with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
   

  (b)               for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
   

  (c)               to a canteen or mess.

  General

   

  1)              The type of entertainment proposed shall reinstate and enhance the normal pub entertainment.

   

  The prevention of crime and disorder

   

  1)              A 30 minute drinking up time shall be provided.

   

  2)              CCTV shall be installed and maintained in good order.

   

  3)              Till drawer shall be removed at the end of night and cash stored in night safe.

   

  4)              Individuals who appear intoxicated shall not be tolerated.

   

  5)              Lighting shall be left on at night.

   

  Public safety

   

  1)              There must be two First Aid boxes provided.  The Licensee shall hold a First Aid qualification.  An accident report book must be provided.

   

  2)              Fire exits must be kept clear. 

   

  3)              Non slip flooring shall be behind the bar.

   

  4)              Fire safety equipment shall be provided and annually checked.

               

  The prevention of public nuisance

   

  1)              Taxi number shall be provided for patrons.

   

  2)              There shall be no food sales.

   

  3)              Bottle disposals shall be carried out during daylight hours and deliveries during daylight hours.

   

  4)              Signage shall be displayed requesting patrons to leave quickly and quietly at the end of permitted hours.

   

  5)              Noise limiter shall be maintained on the premises.

   

  The protection of children from harm

   

  1)              Cigarette machine shall be in view of the bar.

   

  2)              ID must be produced if and when an individual is suspected of being under the age of 21.  Signage shall be displayed and all staff shall train in these procedures.

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  The Prevention of Public Nuisance

   

  1)              Noise or vibration will not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed. In general terms, noise from the premises shall not be audible within any noise sensitive premises (e.g. dwelling) with windows open for normal ventilation especially after 23:00hr. This shall be assessed from the boundary to the nearset residential properties, on all sides of the licensed premises. The criteria that will be applied are;

   

                (i)              Before 23:00hr- Noise emanating from the premises shall not be clearly distinguishable above other noise.

   

                (ii)              After 23:00hr- Noise emanating from the premises shall not be distinguishable above background levels of noise.

   

                (iii)              The local authority shall reserve the right in cases of tonal noise and where premises are attached to others (i.e. semi’s and terraced properties), to make further assessments from within the residential property.

   

  2)              To allow live and amplified music inside doors and windows shall be kept shut during entertainment to reduce noise break out. A management scheme shall be in place to ensure this situation remains.

   

   

  Conditions imposed after Review Hearing

   

   

  1)              A CCTV system of an evidential standard to be installed to the satisfaction of the police, to cover the licensed area and front and rear entrance/exits.  The system to be in operation at all times the premises are open to the public and include full recording facilities.  All recordings from that system to be kept for a period of 14 days and the police to have access to recordings at any reasonable time.

   

  2)              The Designated Premises Supervisor (DPS) must complete the BIIAB National Certificate for Designated Premises Supervisors.  In respect of the current DPS, Mr Robert Deeley, and any future DPS, this must be done within 3 months and the appropriate certificate or copy of such certificate, must be produced to the local Police Licensing Department forthwith.

   

  3)              A Personal Licence holder shall be on duty on the premises from 7.00pm until closing when the premises operate licensable activities.

   

  4)              Any person employed at the premises in connection with the sale and supply of alcohol, shall attend and successfully complete the BIIAB Level 1 Award in Responsible Alcohol Retailing within 2 months of commencing employment at the premises.  In respect of existing bar staff, this shall be done within 2 months.

   

  5)              A record of all staff training, including copies of all relevant BIIAB certificates, shall be kept on the premises and be available to the police or local authority licensing officers, for inspection on demand.  Such records to be kept at the premises for a minimum of 12 months.

   

  6)              Clear notices regarding the sale of alcohol to persons who appear drunk shall be prominently displayed at all points of sale and supply of alcohol on the premises, for the attention of management and bar staff.

   

  7)              Notices regarding the sale of alcohol to persons who appear drunk shall be prominently displayed on the premises and at all entrances to the premises for the attention of all customers.

   

  8)              The DPS shall ensure that a written record of all bar staff employed each day that the premises are open for the sale and supply of alcohol, is maintained on a daily basis and kept on the premises.  Such record must be retained for a minimum period of 12 months and be available to the police or local authority licensing officers on demand.

   

  9)              The DPS shall ensure that an incident book is kept on the premises and that all incidents are recorded therein on a daily basis.  The incident book shall be made available for inspection by a police officer, a police licensing officer or a member of the local authority licensing department on demand and such records to be kept on the premises for a minimum of 12 months.

   

  10)              Appropriate signage shall be clearly displayed on the premises at each entrance/exit point, in the toilets and in the bar area in relation to the prevention of drug use, indicating a zero tolerance by management and staff.

   

  11)              The DPS or the person in charge of the premises shall take all reasonable steps to prevent disturbance, annoyance or nuisance to local residents by people entering or leaving the premises.

   

  12)              Suitable signage in respect of condition 11 above shall be displayed in a prominent position at each exit point.

   

  13)              The DPS and staff shall ensure that customers do not leave the premises with drinks served in open vessels.

   

  14)              Suitable signage in respect of condition 13 above shall be displayed in a prominent position at each exit point.

   

  15)              The Designated Premises Supervisor and staff shall take all reasonable steps to prevent customers from smoking outside the front of the premises and ensure that smokers use the rear beer garden for smoking at all times.

   

  16)              Suitable signage in respect of condition 15 above, shall be displayed in a prominent position at the front exit door and in the bar area.

   

  17)              The DPS shall deposit an up to date and properly scaled and coloured licensing plan of the premises, to the Torbay Police Licensing Department at Paignton Police Station and to the Torbay Council Licensing Department at Roebuck House Torquay, within one month of the Review Hearing on 20th May 2010.

   

  18)              Whenever the premises are closed, an interior light must be left on and all curtains/blinds at the front of the premises shall be left open to ensure a clear view from outside.

   

  19)              Prior to live music being performed, a noise limiter shall be fitted to adequately control the volume of all live music being played at the premises.  The designated premises supervisor shall ensure that all music making equipment is connected through the noise limiting device and that the device is working prior to the playing of amplified music.  The noise limiters level shall be set at a level agreed with the local authority.

   

  20)              During any performance, the management shall make regular checks to ensure that music is not audible outside the premises.

   

  21)              Windows and doors from the premises will be kept shut at all times that music is being played.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

• - Page 1 of 1