Trents

8 Torwood Street, Torquay, Devon, TQ1 1EB

Completed application 023564 which is a Internal Amendment/Variation for Premises Licence from 19/10/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• entertainment facilities for dancing
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

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  ANNEXE 1

   

   

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  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 shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

   

                                   (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as  defined in section 159 of the Act);

   

                                (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;

   

                      (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on -

   

                                 (i)        the outcome of a race, competition or other event or process, or

   

                                  (ii)               the likelihood of anything occurring or not occurring;

   

                  (e) 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.

   

  4)              The responsible person shall ensure that no alcohol is dispensed 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 shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6)                             (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

                                     (2) 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 a holographic mark.

   

  7).               The responsible person shall 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

   

                                (ii) still wine in a glass: 125 ml; and

   

              (b) customers are made aware of the availability of these measures.

   

   

   

•  

  MANDATORY CONDITION: DOOR SUPERVISION

   

  1)       Where one or more individuals are carrying out security activities, each individual must be licensed by the Security Industry Authority.

   

  2)       But nothing in the aforementioned conditions requires such a condition to be imposed in respect of a) and b) and (b)(i) and (b)(ii)

   

  ()        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), are exempt.
   

  ()        In respect of premises in relation to-

  ()        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

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

   

  3)              For the purposes of the aforementioned conditions:-

   

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

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

   

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  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

•  

  General

   

  1.               Membership to the Nitenet Radio Communications Scheme must be maintained.

   

  The Prevention of Crime and Disorder

   

  1.               A policy of no excessively discounted drinks must be followed.

   

  2.               The Door Policy of the premises must be followed at all times.

   

  3.               Fully trained SIA door stewards must be employed where necessary.

   

  4.               Entry must be refused to intoxicated persons.

   

  5.               Persons who are drunk must be refused service.

   

  6.               Excessive consumption of alcohol must not be encouraged.

   

  7.               Anti-social behaviour must be dealt with appropriately, ensuring a safe environment.

   

  8.               Non-alcoholic drinks shall be advertised and promoted.

   

  9.               The 'Dedicated Driver' approach shall be encouraged and promoted by staff and where appropriate staff shall be encouraged to telephone taxis at no charge to the customers.

   

  10.               Staff must be suitably trained to handle difficult situations in a calm manner.

   

  11.               Clear notices must be displayed warning of potential risks of drink spiking and reminding patrons to be vigilant. Drink spike testing kits shall be available for purchase at the bar.

   

  12.               CCTV capable of covering both inside and outside of the premises must be provided and maintained. Recordings must be kept for 31 days.

   

  13.               Persons under the age of 18 must not be in the premises after 19:00hrs.

   

  14.               Staff must be fully trained in the implications of serving alcohol to persons under the age of 18 and be encouraged to seek identification if unsure. Photo card driving licences, passports and birth certificates backed up with identification shall be suitable forms of identification. 'Prove it' cards shall not be accepted as a form of identification.

   

  15.               Glass and bottle collection must be carried out regularly.

   

  16.               The use or distribution of class A drugs must not be tolerated.

   

  17.               Prostitution and the sale of unlawful pornography are prohibited.

   

  18.               Smuggled alcohol and tobacco are prohibited and staff must be trained to be vigilant.

   

  19.               Organisation of racist activity or the promotion of racist attacks are prohibited.

   

  20.               Staff must be fully aware of their legal responsibilities.

   

  21.              Premises shall join and maintain membership of the Torquay Night Time Economy Forum where premises management shall attend at least two meetings per calendar year.

   

  22.              On every operational day when door supervision is required then those SIA door supervisors employed in front of house duties shall wear high visibility reflective clothing (jackets/t-shirts etc) for the entirety of their duty.

   

  23.              No entry or re-entry to the premises after 02:00hrs

   

  Public Safety

   

  1.               A CCTV digital system must be provided and maintained. Prominent notices must be displayed to make the public aware of the system in place.  Images must be kept on a secure hard drive for 31 days.   

   

  2.               Adequate access must be provided for emergency vehicles.

   

  3.               Drinking water must be available from the bar at all times.

   

  4.               An appropriate system must be in place for dealing with spillages.

   

  5.               A member of staff must be allocated to regularly clear away used glasses.

   

  6.               Toilets must be regularly checked.

   

  7.               Facilities and equipment suitable for the number of patrons and the type of event undertaken must be provided to enable first aid treatment to be given promptly in the event of any injury to staff or patrons.

   

  8.               All exit doors must remain free from obstruction, including seating, at all times.

   

  9.               An air conditioning system must be installed and annually maintained.

   

  The Prevention of Public Nuisance

   

  1.               The volume of amplified sound used in connection with the entertainment provided must at all times be under the control of the Licensee/ Management and the controlling mechanism must be operated from behind the bar and must not be accessible to the public. Noise emanating from the premises must not be at a level which may cause a nuisance to neighbours or any residential premises within the vicinity of the premises.

   

  2.               A limiter which cannot be over ridden must be installed in the sound system and maintained at all times.

   

  3.               The Licensee must ensure the quiet departure of staff after business has ceased trading to avoid disturbance to nearby residents.

   

  4.               Door staff must be positioned at the premises exits to ensure minimum noise from the departure of patrons.

   

  5.               Staff shall be encouraged to telephone taxis for customers free of charge.

   

  6.               Bottle bins must be emptied inside the premises with doors and windows closed so as to prevent ant noise to the public.

   

  7.               The premises shall remain open for one hour after the sale of alcohol has ceased to encourage gradual dispersion. During this time music must be toned down significantly to facilitate a gradual wind down.

   

  8.               The handling of beer kegs and other similar items must not take place in the late evening, at night or during the early morning, when noise generated could cause a nuisance to others.

   

  9.               All rubbish produced by the premises must be stored securely in a designated area or in a bin with a tight fitting lid.  

   

  The Protection of Children from Harm

   

  1.               Children below the age of 18 must only be admitted whilst food is being served and where accompanied by a responsible adult.

   

  2.               Children are prohibited from the bar after 19:00hrs.

   

  3.               If in doubt about the age of a person identification must be sought. Suitable forms of identification are; Driving Licence with photo card, passport, proof of age scheme card with hologram or photograph, citizen card, HM forces card or any official card bearing a photograph. If no identification can be provided entry and service must be refused.

   

  4.               Personal Licence holders and the Designated Premises Supervisor must not have any convictions for under age sales.

   

  5.               Staff must be appropriately trained to continue and promote commitment to the Policy of no under age admissions or sales.

   

  6.               The cigarette machine must be covered by CCTV so it can be clearly seen by staff on the bar monitor.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

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  The Prevention of Crime and Disorder

   

  1.              A CCTV system of an evidential standard to be installed to the satisfaction of the police, and the system to be in operation at all times the premises are open to the public. All recordings from that system to be kept for a period of 31 days and the police to have access to recordings at any reasonable time.

   

  2.              On every occasion that the premises sells alcohol after midnight and then closes after 00:30hrs SIA door staff to be employed from 21:00hrs until closing

   

  3.              On every occasion that the premises extends its hours of operation for sales of alcohol after midnight and closure to the public after 00:30hrs, then for the whole of that operational day, all drinks to be served in toughened or strengthened glasses and no drinks to be served in glass bottles from which it is intended or likely that a person shall drink.

   

  4.              Premises to join and maintain membership of the Nitenet Radio Communications Scheme.

   

   

  Public Safety

   

  1.              If there is a requirement placed upon a Premises Licence for Security Industry Authority (SIA) Trained Stewards, then the ratio of stewards to customers on the premises will be no less than 1:75.

   

  The Prevention of Public Nuisance

   

  1.              Noise from the premises shall not be audible within any dwelling with windows open for normal ventilation especially after 23:00hrs. This shall be assessed from the boundary to the nearest residential properties, on all sides of the licensed premises. The criteria that shall be applied are;

   

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

   

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

   

  (c)              The local authority shall reserve the right in cases of tonal noise and where the premises are attached to others, to make further assessment from within the residential property.

   

  2.              Doors and windows to be shut at 22:00hrs, to reduce noise break out. A management scheme will be in place to ensure this situation remains.

   

  3.              A senior member of staff (manager) shall assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/ entertainment and periodically throughout the activity/ entertainment to ensure levels of noise have not increased.

   

  4.              Cooking, noxious or persistent smells from the premises will not cause a nuisance to nearby properties and the premises must be properly vented.

   

  5.              Provision of mechanical ventilation and air conditioning system will not allow noise breakout from the premises or cause a nuisance by its operation.

   

   

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  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.