Coach House

32 Church Street, Paignton, Devon, TQ3 3AH

Completed application 024468 which is a Minor Variation Application for Premises Licence from 10/03/2011 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• the sale by retail of alcohol
• an exhibition of a film
• an indoor sporting event
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment facilities for dancing
• provision of late night refreshment

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.              The licencees shall ensure that the premises do not become overcrowded.

   

  2.              The hours for which the premises shall be open shall be clearly displayed with confirmation of times for the supply of alcohol and late night refreshment.

   

  3.              The premises shall be adequately lit, ventilated and all fire precautions shall be observed.

   

  4.              The premises shall have no digression from their current purpose.

   

  The Prevention of Crime and Disorder

   

  1.              There shall be sufficient members of staff on the premises at all times.

   

  2.              An incident book and recorded details of all incident or public disorder shall be kept.

   

  3.              Staff shall be trained to be vigilant and regularly supervise the premises indoor and out to check orderly conduct.

   

  4.              Proof of age shall be asked for and necessary for the supply of alcohol to patrons.

   

  5.              The limited outside area (patio) at the rear of the premises shall be used until 0030hrs each day.

   

  6.              No customers carrying open or sealed glasses shall be admitted to the premises at any time.

   

  7.              Irresponsible drinks promotions shall not be permitted.

   

  8.              The staff shall be trained in anti drug measures.

   

  9.              The licensees shall ensure that on Bank Holidays, New Years Eve and Boxing Day that if dancing continues beyond 23.00 hrs then a door steward shall be on duty from 21.00 until the close of the premises.

   

  Public Safety

   

  1.              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 a fire risk assessment as required by and in accordance with the fire precautions (workplace) regulations.

   

  2.              The licencees shall undertake to maintain a safe level of occupancy, not exceeding 200 persons.

   

  3.              All exit doors shall be easily openable without the use of a key, card, code or similar means and shall be available for egress while the public are on the premises.

   

  4.              Means of escape shall be maintained, unobstructed, immediately available and identifiable.

   

  5.              Exit doors shall be regularly checked to ensure they function satisfactorily.

   

  6.              Records of these checks shall be kept and produced on request.

   

  7.              Any removable security fastenings shall be removed whenever the premises are open to the public or staff.

   

  8.              All gangways, exit routes and steps shall maintain non-slippery and even surfaces.

   

  9.              All floor coverings shall be secured and maintained so they will not ruck.

   

  10.              Hangings/curtains and temporary decorations shall be maintained in flame-retardant condition.

   

  11.              Upholstered seating shall be fire-retardant and shall comply with current fire safety regulations.

   

  12.              Curtains, hangings and temporary decorations shall not obstruct exits.

   

  13.              Fire safety signs or fire fighting equipment notices detailing any actions to be taken in the event of fire or other emergency shall be properly displayed and maintained in good condition.

   

  14.              Access shall be provided for emergency vehicles and this access shall be kept clear and free from obstruction.

   

  15.              An evacuation policy shall be in place and to the satisfaction of the fire authority.  All staff members shall be trained in the evacuation policy.

   

  16.              The electrical system shall be inspected and tested annually by a competent person to ensure safety.

   

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

   

  18.              When disabled people are present, adequate arrangements shall exist to enable their safe evacuation in the event of an emergency.  Review and assessment of accessibility in line with the Disability Discrimination Act shall be complete and kept on the premises.

   

  19.              The licensees shall ensure that at all times there are adequate first aid arrangements.  The arrangements for first aid provision include a first aid box, an adequate and appropriate supply of first aid equipment and materials to be used by patrons.  Suitable protective equipment shall be provided to deal with hypodermic needles, blood spillages and other body fluids.  Procedures shall be in place to ensure that body fluids are dealt with in a safe manner to avoid the risk of communicable diseases.

   

  20.              CCTV must be in operation in areas not visible from the bar.

   

  21.              Gangways, exit routes and steps shall be maintained in good order with non-slippery surfaces; edges of steps and stairwells shall be conspicuously marked.

   

  22.              Where glazing forms part of windows, walls or partitions below waist height shall be constructed of safety materials.  Where glazing forms part of the door or site panel below shoulder height it shall be constructed of safety materials.

   

  23.              Means of addressing patrons during operating hours, which can be heard above entertainment, or as a means of interrupting the entertainment and making important safety announcements shall be available.

   

  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.              The noise from the air-conditioning and air extraction shall not cause a nuisance by its operation to neighbours.

   

  3.              All external doors and windows shall be kept shut where possible, other than for access and egress, in all rooms when events involving amplified music or speech or other entertainment likely to give rise to noise are taking place.

   

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

   

  5.              No entertainment shall be provided in the patio area.

   

  6.              Patrons using the patio area shall observe signage requesting them to be as quiet as possible.

   

  7.              Staff shall ensure that the patio area is visited frequently during opening hours to ensure there is no disturbance.

   

  8.              The patio area shall be emptied at 0030hrs each day.

   

  9.              The use of lighting in the patio area shall be such as not to disturb by way of light pollution to neighbours or residents.

   

  10.              In the alternative, bright lights in the patio area shall only be used until 22.30 hours.

   

  11.              Deliveries of goods shall be restricted to the following times - between 0800 and 1700 hours.

   

  12.              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.

   

  13.              Skips and bins containing cans or bottles shall not be emptied outside after closing but shall be dealt with the next day during normal office hours.

   

  14.              All external doors and windows shall be kept shut, other than for access and egress, when events are performing amplified music or speech, or other entertainment that might  give rise to noise in taking place.

   

  The Protection of Children from Harm

   

  1.              Proof of age shall be requested for the purchase of alcohol.

   

  2.              Children under 16 years shall be allowed in the bar until 2100 hours so long as they are accompanied by an adult/carer.

   

  3.              Children over 16 shall only be allowed into the bar area as long as they are accompanied at all times by an adult/carer.

   

  4.              Adequate kitchen and food preparation facilities shall be provided.

   

   

  .             

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

•  

  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.  Noise should not be audible within any noise sensitive premises with windows open for normal ventilation especially after 23.00hrs. The criteria applied, from boundary to nearest residential property are;

   

                (a)              Before 23.00 - Noise emanating from the premises shall not be clearly distinguishable above other noise.

                (b)              After 23.00 - Noise emanating from the premises shall not be clearly distinguishable above background levels of noise.

                (c)              The Local Authority shall reserve the right in cases of tonal noise and where premises are attached to others to make further assessments from within the residential property.

   

  2.              The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the Licensee/Management and the controlling mechanism shall be operated from a part of the premises not accessible to the public.

   

  3.              Doors and windows shall be kept shut during entertainment to reduce noise breakout.  A management scheme shall be in place to ensure this situation remains.

   

  4.              During amplified music and entertainment the door lobby shall be effectively used throughout the time of entertainment to prevent noise breakout.

   

  5.              For amplified live music and karaoke, wind down music of a gentler nature shall be played between the hours of 23.30 hrs - 24.00 hrs.

   

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

   

  7.              Cooking, noxious or persistent smells from the premises shall not cause a nuisance to nearby properties and the premises must be propertly vented.

   

  The protection of children from harm

   

  1.              Staff shall receive training on matters related to the sale of alcohol.

   

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  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

   

Premises Plans

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