Torbay CouncilLicensing & Public Protection

Clock Tower

23 Torwood Street, Torquay, Devon, TQ1 1ED

Completed application 052252 which is a Minor Variation Application for Premises Licence from 29/10/2018 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
• provision of late night refreshment

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

   

  None

   

  The Prevention of Crime and Disorder

   

  1.              A clear and legible notice shall be erected outside the premises indicating:-

                - the normal hours under the terms of the premises licence during which licensable activities are permitted,

                - the restrictions on the admission of children.

   

  2.              CCTV capable to covering both inside and outside the premises in positions agreed with both the Council and the Police shall be provided to enhance the safety of patrons and staff.

   

  3.              All cameras shall be maintained in good working order and will continually record.

   

  4.              CCTV records shall be retained at the premises for a minimum of 14 days, and be made available to the police, where the police demand them to be of evidential value.

   

  5.              On Friday and Saturday nights that the premises remain open for the sale of alcohol after midnight and close after 00:30hrs, SIA door supervisors shall be employed on the premises from 22:00hrs until close at a ratio of 2 supervisors for the first 100 customers and thereafter there shall be an additional supervisor for each additional 100 customers.  This condition shall also apply on Christmas Eve and New Year's Eve.  On all other occasions the DPS shall risk assess the requirement for door supervisors and employ such door supervisors, if at all, in such numbers and at such times determined by that risk assessment.  All door supervisors employed at the entrance of the premises shall wear yellow high visibility jackets for the entirety of their duty.

   

  6.              A register of all staff, including door stewards, who are working at the premises whilst the public is present shall be maintained.

   

  7.              Any person employed or engaged on the premises in a security activity such as the vetting of customers and/or the maintenance of public order at either any entrance to the premises or any part within shall hold the appropriate Security Industry Authority accrediation.

   

  8.              When on duty every Door Steward shall wear a uniform, distinctive dress or armband.

   

  9.              As a premises within the Council's defined cumulative impact area, night net radio must be installed.  This provides effective two-way communication between the designated premises supervisor or their representative and the Police and other clubs or licensed premises in the locality.

   

  10.              The equipment/system shall be kept in working order at all times that the premises are open to the public ensuring that all instances of crime and disorder are reported to an agreed police contact point and any police instructions/directions complied with whenever given.

   

  11.              All drinking glasses in which drinks are served shall be made of plastic or toughened glass.

   

  12.              After 23:00hrs no drink shall be served in a glass bottle from which it is intended or likely that a customer will drink.

   

  13.              As soon as practicable after 23:00hrs all bottles served before 23:00hrs shall be collected and removed from the bar area.

   

  14.              Drinks, whether in drinking glasses or in opened bottles, shall not be removed from the premises unless intended for consumption within the Patio area.

   

  15.              All glasses shall be correctly stamped in accordance with Weights and Measures Legislation.

   

  16.              As a premises with a Pavement Cafe Licence, in the designated area, the Licensee must ensure that patrons shall be sat at tables and no alcohol shall be served in glasses (other than shatterproof or plastic glasses), or in glass bottles which it is intended or likely that a person shall drink.

   

  17.              To prevent the sale of alcohol to persons under the age of 18 years suitable written proof of age shall be required from young people attempting to purchase alcohol, in accordance with documents specified by Torbay Council's "Statement of Licensing Policy".  Only the following documents will be accepted:-  passport; photocard driving licence issued in a European Unino country; a Proof of Age Standards Scheme (PASS) Card; a CitizenCard, supported by the Home Office.

   

  18.              Bar staff shall be suitably trained to prevent the sale of alcohol to under 18's.

   

  19.              Signs shall be erected stating that anyone appearing to be under the age of 21 will be asked for identification.

   

  20.              Irresponsible drinks promotions shall not be utilised.

   

  21.              Regular glass and bottle collection shall be undertaken throughout the premises.

   

  22.              Cigarette machines shall be under the supervision of the management.

   

  23.              Cigarettes shall not be sold to anyone under 16.  A notice to this effect shall be displayed.

   

  Public Safety

   

  1.              A log book or recording system shall be kept upon the premises in which shall be entered particulars of inspections made; those required to be made by Statute, and information compiled to comply with any pubic safety condition attached to the premises licence that requires the recording of such information.  The logbook shall be kept available and produced for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.

   

  2.              Adequate access must be provided for emergency vehicles.

   

  3.              All parts of the premises and all fittings and apparatus therein, door fastenings and notices and the seating, lighting, heating, electrical, ventilation, sanitary accommodation, washing facilities and other installations, shall be maintained at all times in good order and in a safe condition.

   

  4.              The fire safety measures with which the premises are provided shall be maintained in good working order, and their adequacy shall be determined on a regular basis, by the carrying out of fire risk assessment, as required by, and in accordance with the Fire Precautions (Workplace) Regulations.

   

  5.              The electrical installation shall be inspected annually.

   

  6.              All electrical applicances shall be inspected in line with a risk based inspection programme.

   

  7.              All doors and fastenings shall at all times be kept in proper working order.  Gangways, exit routes and steps shall be maintained in good order with non-slippery and even surfaces.

   

  8.              Free drinking water shall be available at all times.

   

  The Prevention of Public Nuisance

   

  1.              Noise or vibration shall not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.

   

  2.              Noise from the premises shall not be audible within any noise sensitve premises (e.g. dwelling) with windows open for nornal ventilation after 11pm.

   

  3.              In order to ensure compliance with the above the DPS, or his agent, shall, as necessary, assess noise against the following criteria from the boundary to the nearest residential properties, on all sides of the licensed premises:

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

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

   

  4.              The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the DPS.

   

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

   

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

   

  7.              The placing of refuse, such as bottles, into receptables outside the premises shall take place at times that will prevent disturbance to nearby properties.

   

  8.              Deliveries of kegs, bottles, food or other materials necessary for the operation of the business shall be carried out at such a time or in such a manner to avoid causing disturbance to nearby residents.

   

  9.              Doors and windows shall, when necessary to avoid potential disturbance, be kept shut during entertainment.  To reduce noise breakout management scheme shall be in place to ensure this situation remains.

   

  10.              Patrons shall be asked not to stand around talking in the street outside the premises and asked to leave the vicinity quickly and quietly.

   

  11.              An announcement shall be made prior to closing requesting patrons' cooperation in leaving the premises and vicinity as quietly and quickly as possible.

   

  12.              Door staff shall be positioned at exits, particularly at closing times, to ensure noise from patrons leaving the premises is minimized.

   

  13.              A specific taxi operator must be nominated for staff and customers use.  The company's telephone number shall be advertised to customers.  The operator, and all drivers, must be aware that they should arrive and depart as quickly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessary.

   

  14.              Regular maintenance shall be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.

   

  15.              The handling of beer kegs, bottles and other similar items shall not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside buildings.

   

  16.              Bottle skips and bins containing cans or bottles shall not be emptied outside after clsoing but shall be dealt with the next day during normal office hours.

   

  17.              The movement of bins and rubbish outside the premises shall be kept to a minimum after 11pm.

   

  18.              The use of the patio area shall cease at 23:00hrs.

   

  19.              No music or speech shall be relayed by external amplified speakers.

   

  20.              The premises shall remain open for at least half an hour after alcohol is served, during which time patrons shall be dispersed gradually.

   

  21.              All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting lid.  This will help prevent litter being blown around.

   

  22.              Facilities for depositing litter and the collection of litter generated by patrons shall be available and maintained, where outside areas are provided for the use of patrons.

   

  The Protection of Children From Harm

   

  1.              Children below the age of 18 shall be excluded from the inside of the premises after 19:00hrs.  Children under 18 may, when accompanied by an adult, use the Pavement Cafe area until 23:00hrs.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  The Prevention of Crime and Disorder

   

  1.              CCTV record must be retained for 31 days, where the police may have access to that record at any reasonable time.

   

  2.              Designated pavement cafe area must continue to comply with regulations of pavement cafe permit, issued by Torbay Council.

   

  3.              On Friday and Saturday nights that the premises remain open for the sale of alcohol after midnight and close after 00:30hrs, SIA door supervisors shall be employed on the premises from 22:00hrs until close at a ratio of 2 supervisors for the first 100 customers and thereafter there shall be an additional supervisor for each additional 100 customers.  This condition shall also apply on Christmas Eve and New Year's Eve.  On all other occasions the DPS shall risk assess the requirement for door supervisors and employ such door supervisors, if at all, in such numbers and at such times determined by that risk assessment.  All door supervisors employed at the entrance of the premises shall wear yellow high visibility jackets for the entirety of their duty.

   

  The Prevention of Public Nuisance

   

  1.              To allow live and amplified music inside beyond 23:00hrs, doors and windows shall be kept shut during entertainment beyond this time to reduce noise breakout.  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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• - Page 2 of 2