Torbay CouncilLicensing & Public Protection

Hideaway

Temperence Street, Torquay, Devon, TQ2 5PU

Completed application 067844 which is a Internal Amendment/Variation for Premises Licence from 21/06/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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
• provision of late night refreshment
• the sale by retail of alcohol
• an exhibition of a film

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.

   

  MANDATORY CONDITION:  EXHIBITION OF FILMS

   

  1)              Where the film classification body is specified in the licence, admission of children must be restricted in accordance with any recommendation made by that body.

   

  2)              Where -

   

                a) the film classification body is not specified in the licence, or

   

                b) the relevant licensing authority has notified the holder of the licence that this condition applies to the film in question,

   

                admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

                In the case of the aforementioned conditions:

                        “children” means persons aged under 18; and

                        “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (authority to determine suitability of video works for classification).

   

  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)

   

                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), are exempt.

   

                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 the aforementioned conditions:

   

                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

  General

   

  1.              Alcohol must not be supplied under the premises licence if:-

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

                (b)  at a time when the designated premises supervisor does not hold a personal licence or his 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.  In addition to the Premises Supervisor there must be at least one personal licence holder on duty in respect of bars on the Ground and First Floors as proposed.

   

  3.              All door stewards must be licensed by the Security Industry Authority.

   

  The Prevention of Crime and Disorder

   

  1.              There must be a clear and legible notice outside the premises stating the normal hours under the terms of the premises licence during which licensable activities are permitted and clearly stating that persons under 18 are not to be admitted to the premises.

   

  2.              The maximum occupancy of the premises at any one time must be restricted to the numbers which will be agreed with and specified by the Fire Authority and other applicable statutory authorities.

   

  3.              The number of persons admitted to the premises on any one occasion shall not exceed the maximum occupancy (to be agreed with the Fire Authority as above) such numbers to be inclusive of staff and performers working at the premises.

   

  4.              A suitable system to control entry to the premises must be used to count the number of persons enterting and leaving the premises.  An electronic counting system must be used on admission, and if effective on departures, otherwise departures will be recorded by manual clickers or similar.

   

  5.              As far as is practical, persons on or leaving the premises and using adjacent car parks and highways must be reminded to conduct themselves in an orderly manner and not in any way cause annoyance to residents or persons passing by.

   

  6.              Clear and conspicious notices warning of potential criminal activity within the premises that may target patrons of the premises must be displayed, e.g bag thefts.

   

  7.              As a late night refreshment premises, custom must not be sought by means of personal solicitation outside or in the vicinity of the premises.

   

  8.              There must be provision of 10 external CCTV cameras covering the exterior of the premises as marked on the plan.  6 interntal cameras plus 2 on the stairs.  Recording must be by hard disc movement activated (event recording) and recordings must be retained for a minimum of 31 days and made available to the Police on request.

   

  9.              A sufficient number of door staff/stewards who are properly trained must be provided for the premises.  Stewards must be licensed by the Security Industry Authority and based on the standard of One for each 75 patrons.

   

  10.              A register of all staff, including door supervisors, who are working at the premises must be maintained.  All stewards must be readily identifiable by distinctive uniform.  No person under the age of 18 must be employed at or attendance on the premises.

   

  11.              All door stewards and staff must be in direct radio communication at all times.

   

  12.              The premises must be a member and retain membership of Night Net.

   

  13.              A screened area immediately adjacent to the main entrance must be provided for searches.  A written drugs policy must be enforced and a secure drug deposit box, approved by Police, must be maintained in the office.  A hardbound drugs register must be maintained in accordance with the guidelines laid down by the Police.

   

  14.              All drinking glasses must be made of plastic or toughened glass.  No drink shall be served in a glass bottle from which it is intended or likely that a person will drink.

   

  15.              Only original photo identification must be accepted to prevent persons under the age of 18 gaining admission to the premises and bar staff must be suitably trained to prevent admission and potential sale of alcohol to under 18's.

   

  16.              There must be regular glass and bottle collection throughout the hours that the premises are in operation.

   

  17.              No person must be permitted to leave the premises with any glass or bottles.

   

  18.              No admissions or re-entry to the premises after 01.00 hours and there must be a notice that this effect.

   

  19.              The premises are adjacent to a "no drinking zone" specified by Torbay Council and there must be a notice at the exit of the premises that they are entering a "No Drinking Zone".

   

  Public Safety

   

  1.              There must be adequate access for emergency vehicles.

   

  2.              At the front of the building canopies must be provided at first floor level to protect queuing patrons.

   

  3.              All fire alarms must be tested weekly and recorded in a log.  Secondary lighting will be tested monthly and recorded in a log.  All fire extinguishers must be checked every 6 months and marked as such.

   

  4.              All sanitary fittings must have push button tops with concealed cisterns for WCs.

   

  5.              Air conditioning must be provided on both floors.

   

  6.              The premises must keep a clear and defined single area for dancing as shown on the plan.

   

  7.              Cold drinking water must be available at the bar and a notice of availability prominently displayed.

   

  8.              There must be at least one qualified first aider on the premises, and a first aid box on each floor.  First aid training must be recorded and kept in a log book.

   

  9.              The staircase from the Ground Floor to the First Floor must be covered by 2 CCTV cameras and there must be illuminated edges to the treads of the stairs.

   

  10.              Any smoke machines or similar vapour producing apparatus must:

                (i)              limit the amount of smoke/vapour to the minimum necessary for the desired effect and must not impede means of escape or obscure exit signs.

                (ii)              the machines must be in a fixed position and protected against unauthorised interference and be manned by or readily accessible to a competent operator at all               times when it is in use.

                (iii)              Only non-toxic and non-flammable smoke/vapour must be used.

                (iv)              must be limited to areas where the public are admitted.

   

  The Prevention of Public Nuisance

   

  1.              Noise or vibration must 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 especially after 11pm.  This will be assessed from the boundary to the nearest residential properties, on all sides of the licensed premises.  The criteria that will be applied are:

                (i)              Before 11pm - Noise emanating from the premises must not be clearly distinguishable above other noise.

                (ii)              After 11pm - Noise emanating from the premises must not be distinguishable above background levels of noise.

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

   

  2.              The volume of amplified sound used in connection with the entertainment provided whether live or recorded must at all times be under the control of the Licensee/Management and the controlling mechanism shall be operated from a part of the Premises nor accessible to the public (office).

   

  3.              Noise levels within the premises resulting from the operation of any musical instrument or amplified equipment must be regulated so as to protect the hearing of any employee therein in accordance with current standards.

   

  4.              Prominent, clear and legible notices must be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

   

  5.              There must be no use of explosives, pyrotechnics and fireworks of a similar nature which could cause disturbance in surrounding areas are restricted.

   

  6.              Bottle collection and removal must be after 08.00 hours and during the day to locked commercial bin store in a locked area at the rear of the premises.  Deliveries must only take place during normal daytime hours.

   

  7.              An announcement must be made prior to closing requesting patrons' cooperation in leaving the premises and vicinity as quietely and quickly as possible, and door staff must be positioned at exits particularly at closing time to ensure noise from patrons leaving the premises is minimised. 

   

  8.              Entrances must be fitted with automatic door closers.

   

  The Protection of Children From Harm

   

  1.              The policy of the premises not to have any under 18s on the premises must be adhered to at all times.

   

  2.              Only official photographic identificatoin must be accepted, and all staff must be trained in under-age drinking.

   

  3.              The premises must join the Portman Identification Scheme and observe its terms and conditions.

   

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

  The Prevention of Crime and Disorder

   

  1.              A CCTV system of an evidential standard must 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 must 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 12.30am, SIA door staff shall be employed from 10.00pm until closing.

   

  3.              All drinks must be served in toughened or strengthened glasses and no alcohol shall be served in glass bottles from which it is intended or likely that a person shall drink.

   

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

   

  5.              There must be no entry or re-entry to premises after 1am.

   

  The Prevention of Public Nuisance

   

  1.              Recorded music, dancing, performance of dance, and anything of a similiar description shall be permitted during the following hours:

   

                (i)              20.00 hours to 03.00 hours inclusive.

                (ii)              Christmas Day and Easter Day between 12.00 midday and 23.30 hours.

   

  2.              Live music and making music shall be allowed during the following hours:

   

                (i)              20.00 hours to 02.00 hours inclusive.

                (ii)              Christmas Day and Easter Day between 12.00 midday and 23.30 hours.

   

  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.              To reduce noise breakout doors must be kept shut during entertainment.  A management scheme shall be in place to ensure this situation remains.

   

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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