Kents Cavern

Ilsham Road, Torquay, Devon, TQ1 2JF

Completed application 009554 which is a Variation Application for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• a performance of a play
• a performance of live 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
• 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.

   

   

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  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

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  General

   

  1.              All reasonable measures shall be undertaken both inside and outside the licensed premises when providing public entertainment and the supply of alcohol to prevent crime and disorder, to promote public safety, to prevent public nuisance and to protect children from harm.

   

  The Prevention of Crime and Disorder

   

  1.              Public access and occupancy of the cave environment and the premises shall be controlled and monitored at all times.

   

  2.              Staff shall be trained to prevent the sale of alcohol to under 18s.

   

  3.              The site must have CCTV and night security lights.

   

  4.              Till drawers shall be left open and all cash locked away.

   

  Public Safety

   

  1.              The company must operate a health and safety policy that provides for risk assessment.

   

  2.              The electrical and fire installations must be certificated and inspected in accordance with current regulations.

   

  3.              First-aid boxes and trained staff shall be available during operating hours.

   

  4.              Any accidents and/or incidents shall be logged and reviewed.

   

  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.              No amplification of sound shall take place outside other than for background effect.

   

  3.              The duty manager shall assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activitiy/entertainment to ensure levels of noise have not increased.

   

  4.              Rubbish shall be cleared away to a secure compound at times that prevent disturbance to local residents.

   

  5.              The premises shall remain open for half an hour after alcohol is served to allow patrons to disperse gradually.

   

  The Protection of Children From Harm

   

  1.              Staff shall be trained to prevent the sale of alcohol to under 18s and any person appearing to be under 21 must produce suitable proof of age.

   

  2.              Tobacco sales shall be under the supervision of staff.

   

  3.              Full risk assessment must be carried out for all activities involving children.

   

   

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  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:

   

  (c)               during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
   

  (d)               consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
   

  (e)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
   

  (f)               the sale of alcohol to a trader or club for the purpose of the trade or club.
   

  (g)               the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
   

  (h)               the taking of alcohol from the premises by a person residing there; or
   

  (i)               the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
   

  (j)               the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of the employer or of the person carrying on or in charge of the business on the premises.

  Credit Sales

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

   

  (a)               with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
   

  (b)               for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
   

  (c)               to a canteen or mess.

   

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  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

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  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.  In general terms, noise from the premises should not be audible within any noise sensitive premises should not be audible within any noise sensitive premises (e.g. dwelling) with windows open for normal ventilation especially after 23.00 hrs.  This shall be assessed from the boundary to the nearest residential properties, on all sides of the licensed premises.  The criteria that shall be applied are;

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

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

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

   

  2.              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.

   

   

   

   

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  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

   

Premises Plans

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