Crazy Horse

64-66 Victoria Street, Paignton, Devon, TQ4 5DS

Completed application 067823 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
• the sale by retail of alcohol

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)

   

                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

   

  The prevention of crime and disorder

   

  1.              A Personal Licence Holder will be present at all times that the premise is serving alcohol.

   

  2.              Responsible drinks promotions shall be monitored by the DPS or a personal licence holder.

   

  3.              SIA licensed door supervisors will be responsible for ensuring the safe, quiet and orderly dispersal of customers from the premises and the immediate vicinity of the premises.

   

  4.              All staff engaged in licensable activity at the premises will receive training and information in relation to the following:

                i.              The Challenge 25 scheme is in operation at the premises, including the forms of identification that are acceptable.

                ii.              The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

                iii.              How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

                iv.              Recognising the signs of drunkenness.

                v.              The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.

                vi.              Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

                Training shall be recorded in documentary form and shall be regularly refreshed annually. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority. Training records will be retained for at least 12 months.

   

  5.              The premises shall operate and maintain a digital colour CCTV system to the satisfaction of the Police and Local Authority. As a minimum, the system must:

                i.              Cover all public areas of the licensed premises, including entry and exit points. This also includes any outside areas under the control of the premises licence holder. (The location of cameras can also be specified on the plan attached to the premises licence). Additional CCTV shall be installed outside to cover Gersten Road and Cost Cutter area.

                ii.              Record clear images permitting the identification of individuals and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition.

                iii.              Continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

                iv.              Have a constant and accurate time and date generation.

                v.              Store recordings for a minimum period of 30 days with date and time stamping.

                vi.              Viewable copies of recordings will be provided on request to the police and local authority officers as soon as is reasonably practicable and in accordance with the Data Protection Act 1998 (or any replacement legislation).

                vii.              The CCTV system will be capable of downloading images to a recognisable viewable format.

   

  7.              All SIA licensed door supervisors shall wear distinctive clothing or insignia to clearly identify them as door supervisors. Door supervisors on duty at the entrance(s) shall wear 'high visibility' clothing (such as a jacket or waistcoat).

   

  8.              Any queue to enter the premises which forms outside the premises must be supervised by SIA licensed door supervisors so as to ensure that it is orderly, there is no associated public nuisance, or obstruction to the public highway/footpath.

   

  9.              The following details for each door supervisor will be contemporaneously entered into a register kept for that purpose:

                i.              Full name

                ii.              SIA licence/badge number, and registration number of any accreditation scheme recognised by the Licensing Authority (including expiry date of that registration or accreditation)

                iii. The date and time they began their duty

                iv.              The date and time they completed their duty

                v.              The full details of any agency through which they have been allocated to work at the premises if appropriate

                The register shall be available for inspection and copying at all reasonable times by an authorised officer of a responsible authority.

                The register shall be kept at the premises at all times and be so maintained as to enable an authorised officer to establish the particulars of all door supervisors engaged at the premises during the period of not less than 12 months prior to the request.

   

  10.              The number of SIA registered door supervisors shall be in attendance at the premises in the following numbers, days & times listed below:

                Monday, Tuesday, Wednesday, Thursday and Sunday- Door supervisor numbers to be risk assessed by the DPS and/or Premises Licence Holder.

                Friday and Saturday - As standard, a minimum of 2 SIA Door supervisors will be on duty from 20.00 hours until close on Friday and Saturday nights. Thereafter, the number of SIA licensed door supervisors employed shall be in accordance with 1 :75 ratio of door supervisors to customers.

                The DPS and/or the premises licence holder will be responsible for conducting dynamic risk assessments for the requirement of additional door staff especially during busy periods, public holidays, or any other events such as sporting events or festivals.

   

  11.              There will be clear and legible signage advising patrons that CCTV is in operation both inside and outside the venue.

   

  Public safety

   

  1.              All electrical equipment brought on to the premises by performers in conjunction with their act must be electrically tested to ensure its safety.

   

  2.              The use of strobe lighting shall only be permitted in instances where the flicker rate of the output unit is 4 flicks per second or less.

   

  3.              Clear signage indicating the use of strobe lighting and the risk of flicker sensitive epilepsy must be clearly displayed prior to and during all performances at which strobe lighting is to be used.

   

  4.              The use of smoke machines must be strictly controlled so as not to adversely affect visibility in the premises.

   

  5.              The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.

   

  6.              On Friday and Saturday night, all drinks will be served in plastic/paper/toughened glass or polycarbonate containers from 2200hrs.

   

  7.              Patrons permitted to temporarily leave and then re-enter the premises, e.g. to smoke, shall not be permitted to take drinks or glass containers with them.

   

  The prevention of public nuisance

   

  1.              A noise limiting device (the specification and design to be agreed with Torbay Council’s Environmental Health Service) shall be fitted so that all live and recorded music is channelled through the device(s). The maximum noise levels will be set by agreement with Torbay Council’s Environmental Health Service and will be reviewed from time to time as appropriate.

   

  2.              The noise limiting device must be fully functional and in proper working order at all times during performances of live and recorded music.

   

  3.              If the noise limiting device breaks Torbay Council’s Environmental Health Service will be informed as soon as reasonably practicable. Equipment failures shall be repaired or replaced as soon as is reasonably practicable and without undue delay.

   

  4.              All external doors and windows shall be maintained in good order.

   

  5.              All external doors and windows shall be kept shut at all times when the premises are open/during regulated entertainment. Doors may be opened for normal entrance and egress of people but must be shut immediately after.

   

  6.              While live or recorded music takes place, the DPS and/or the Premises licence holder will be responsible for undertaking regular monitoring of noise levels at the nearest noise-sensitive locations shall take place. A record shall be kept of any monitoring, including:

  the date, time and location of the monitoring

  the name of the person monitoring

  any action taken

                Records shall be kept for at least 6 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.

   

  7.              A telephone number shall be made available and displayed in a prominent location where it can conveniently be read from the exterior of the premises by the public for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons or activities associated with the premises. The telephone number will be a direct number to the management who are in control during opening hours. A record will be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call. Records will be made available for inspection and copying by an authorised officer of a responsible authority throughout the trading hours of the premises.

   

  8.              A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours.

   

  9.              No deliveries (in relation to licensable activities) to the premises shall take place between 21:00 hours and 08:00 hours.

   

  10.              Suitable receptacles will be provided for cigarette litter outside the premises.

   

  11.              The entrance shall be regularly cleaned to ensure that all discarded smoking litter is removed and properly disposed.

   

  12.              Customers will not be permitted to take any drinks that have been supplied by the premises (alcoholic or otherwise) outside for example when going outside to smoke.

   

  13.              Steps shall be taken to ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff to ensure that there is no public nuisance or obstruction of the public highway.

   

  14.              A maximum of 5 customers will be permitted outside to smoke at any one time.

   

  15.              Clear and legible notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local residents and use the area quietly.

   

  16.              The handling of kegs, bottles, or other similar items will not take place before 08:00 hours or after 21:00 hours when the noise generated could cause a nuisance particularly outside buildings.

   

  17.              Door staff shall be on duty until the last customer has left.

   

  18.              There shall be a reduction of decibels of music and adjustment to tempo for the last hour.

   

  19.              A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours.

   

  20.              Clear and legible notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and to leave the vicinity as quickly and quietly as possible.

   

  21.              Clear and legible notices shall be prominently displayed at the entrances to the premises advising that if patrons cause any disturbance or disorder admission will be refused as a result.

   

  22.              During the final hour of trading appropriate announcements will be made or images projected to remind patrons of the need to leave the premises quietly without causing annoyance, nuisance or disturbance to local residents and to advise patrons of any taxi free-phone or collection arrangements available upon the premises.

   

  The protection of children from harm

   

  1.              No under 18's shall be permitted on the premises except when attending pre-arranged college parties or foreign student events.

   

  2.              Foreign student events shall be restricted to foreign students only and must finish by 2300. In the event that the premises reopen to the general public there shall be a 30 minute break before customers are admitted.

   

  3.              All persons attending college parties must provide ID for participation in the wrist band scheme that will operate.

   

  4.              The Bar shall operate Challenge 25 scheme. Any individual that looks under the age of 25 will be asked to show photo ID as outlined in the Torbay Councils principles. Challenge 25 scheme posters will be located across the bar and venue.

   

  5.              Whenever a college party or foreign student event takes place at least one door steward shall be female.

   

  6.              In respect to college parties and foreign student events police licensing must be informed in writing or by email 14 days prior to the event.

   

  7.              No person under the age of 18 shall be employed on the premises in connection with the sale of alcohol.

   

Premises Plans

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