Coach House

32 Church Street, Paignton, Devon, TQ3 3AH

Completed application 044971 which is a Transfer Application for Premises Licence from 30/05/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded 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
• 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.

   

   

  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.

   

   

   

   

   

•  

  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.

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

   

Premises Plans

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