Harbour Light

North Quay, Paignton, Devon, TQ4 6DU

Completed application 055260 which is a New Application for Premises Licence from 16/12/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• provision of late night refreshment
• 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.              Food shall be available throughout the premises throughout the trading day.

   

  2.              Locations of fire safety and other safety equipment subject to change in accordance to the requirements of the responsible authorities or following risk assessment.

   

  3.              Any details shown on the plan that is not required by the licensing plan regulations is indicative only and subject to change at any time.

   

  4.              A direct telephone number for the manager of the premises shall be publicly available at all times the premises is open. Telephone number is to be made available to residents and businesses in the vicinity.

   

  Prevention of crime and disorder

   

  1.              CCTV will be installed operated and maintained. The system will enable frontal identification of every person entering the premises. The system will record in real time and operate whilst the premises are open for licensable activities. The recording shall be kept available for a minimum of 31 days.

   

  2.              Recordings shall be made available immediately upon request to an authorised officer or a police officer (subject to GDPR) throughout the 31 day period following any incident.

   

  3.              A member of staff with knowledge of the CCTV system will be present on site while the premises are open to the public to aid any enquiry from a police officer or authorised officer requiring recent CCTV recordings with a minimum of delay, as requested.

   

  4.              The premises will have a security alarm fitted.

   

  5.              An incident log shall be kept at the premises and made available upon request to an authorised officer of the council or the police. It must be completed within 24 hours of any incident and will record the following:

                a. All crimes reported to the venue

                b. All ejections of patrons

                c. Any complaints received concerning crime and disorder

                d. Any incidents of disorder

                e. Any refusal of the sale of alcohol

                f. Any visit by a relevant authority or emergency service

   

  Public Safety

   

  1.              Appropriate fire safety measures will be installed and maintained as shown on the drawings accompanying the application.

   

  2.              Adequate and appropriate first aid equipment and materials will be kept on site, regularly checked and kept in an easily accessible place for staff.

   

  3.              Public areas will be maintained free from obstruction and trip hazards.

   

  4.              All exit routes will be kept unobstructed, with non-slippery and even surfaces, free of trip hazards and clearly signed.

   

  Prevention of Public Nuisance

   

  1.              All highway and public spaces within the vicinity of the premises will be kept litter free to the satisfaction of the licencing authority.

   

  2.              Refuse such as bottles will be placed into receptacles outside the premise at times that will minimize the disturbance to nearby property.

   

  3.              No deliveries will take place between 10pm and 6am.

   

  4.              No collection, including refuses and recyclable food waste shall take place between 10pm and 6am.

   

  5.              Customer notice is to be displayed at all exits asking patrons to leave the premises quietly and respect the needs of the local residents.

   

  6.              No noise generated on the premises or by its associated plant or equipment shall emanate from the premises nor vibration will be transmitted through the structure of the premises which gives rise to a nuisance.

   

  7.              No fumes, steam or odours shall be emitted from the licence premises so as to cause a nuisance to any person living or carrying on business in the area where the premises are situated.

   

  8.              All sales of alcohol for consumption off the premises shall be in sealed containers only and shall not be consumed on the premises.

   

  CONDITIONS BELOW SPECIFICALLY RELATE TO ANY OUTSIDE AREAS:

   

  9.              Any outside seating area shall be limited to an area marked on the plan and afforded the appropriate tables and chairs permission.

   

  10.              The requirement for door supervisors shall be risk assessed and where it is found that door supervisors are required a minimum of two shall be in place throughout the time identified in the risk assessment. Such risk assessment shall be made available to any authorised officer or constable on request.

   

  11.              If doorstaff are employed the premises licence holder shall ensure that the following details for each member of security, are contemporaneously entered into a bound register kept for that purpose:

                (i) Full name,

                (ii) SIA Certificate number and or badge number, or registration number of any accreditation scheme recognised by the Licensing Authority (including expiry date of that registration or accreditation),

                (iii) The time they began their duty

                (iv) The time they completed their duty.

                This register is to be kept at the premises at all times and shall be so maintained as to enable an authorised officer of the Licensing Authority or a constable to establish the particulars of all door supervisors engaged at the premises during the period of not less than 31 days prior to the request and shall be open to inspection by authorised officers of the Licensing Authority or a constable upon request.

   

  12.              The premises licence holder shall ensure that the following details for each member of security are entered into a bound register kept for that purpose to include the following details:

                (i) Name

                (ii) Date of birth

                (iii) Address

                (iv) Contact telephone numbers

                (iv) SIA Certificate number, or registration number of any accreditation scheme recognised by the Licensing Authority

                (v) Commencement date of performing duties at the premises

                (vi) The full details of any agency through which they have been allocated to work at the premises if appropriate.

                These details should be easily accessible to any authorised officer of the Licensing Authority or a constable.

   

  13.              No regulated entertainment.

   

  14.              The premises licence holder shall ensure that any patrons drinking and or smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure there is no public nuisance or disruption of the public highway.

   

  15.              Notices shall be displayed requesting customers to respect the neighbourhood and depart the premises quietly.

   

  16.              All children shall be accompanied by an adult.

   

  17.              No customer may consume alcohol or substantial food purchased other than in these licensed premises.

   

  18.              During the hours of operation of the premises the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises and that this area will be swept and or washed and litter and sweepings collected and stored in the accordance of the approved refuse storage arrangements by close of business.

   

  19.              CCTV shall cover the available space.

   

  20.              Regular glass and litter collections will take place.

   

  21.              Ashtrays and suitable receptacles to be provided for smoking.

   

  22.              Premises shall be laid out to no less than 80% tables and chairs.

   

  23              A management plan will be drawn up and disclosed to relevant officers. The contents of such plan shall include:

                i) Dispersal policy

                ii) Lighting arrangements

                iii) Conduct of customers, to include dress and language obligations.

   

  Protection of children from harm

   

  1.              All staff shall be trained and aware of the law regarding the refusal of service to any person who is drunk or is underage and all shall be aware of how to seek ID from anyone who appears to be underage.

   

  2.              A challenge 21 policy will be adopted with appropriate signage on display.

   

  3.              A refusal to serve log will be maintained and made available for inspection to officers upon request. This log shall include the date, time, name and signature of the staff member who refused the sale. This log will be countersigned by the DPS of the premises on a monthly basis.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  The prevention of public nuisance

   

  1.              The applicant shall submit to the Licensing Authority an up to date and accurate plan of the Licensed Premises which clearly delineates the outside area zones and numbering.

   

  2.              Zone 2 shall cease to be used by patrons and staff after 9pm.

   

  3.              There shall be no smoking or vaping permitted in Zone 2 at any time.

   

  4.              No alcohol shall be permitted in Zone 1 after 23:00hrs.

   

  5.              There shall be no outside lighting in Zone 2 after 9pm, except for that which is necessary for security purposes.

   

  6.              The lighting for all other outside areas will be switched off outside operating hours, except for that which is necessary for security purposes.

   

  7.              The outside areas should be monitored during operating hours to ensure that tables are kept clear at all times to discourage any nuisance from wildlife.

   

  8.              A Management Plan shall be in place, the contents of which shall be approved by the Licensing Authority.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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