Torbay CouncilLicensing & Public Protection

Devonshire Hotel

Park Hill Road, Torquay, Devon, TQ1 2DY

Completed application 067540 which is a Internal Amendment/Variation for Premises Licence from 16/05/2024 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
• 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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:

   

  (a)               during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

   

  (b)               during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
   

  (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.

   

   

  General

   

  1.              Alcohol shall generally only be sold or supplied to those persons resident at the hotel and to persons attending pre-booked functions.

   

  2.              Maximum occupancy shall not be exceeded.

   

  The Prevention of Crime and Disorder

   

  1.              The premises shall have CCTV installed covering the outside of the hotel, with three cameras covering the inside.

   

  2.              There shall be sufficient numbers of members of staff including night porter and bar staff assisting in the orderly conduct of patrons at the hotel.

   

  3.              Alcohol shall not be sold or supplied to any persons under 18.

   

  4.              There shall be no irresponsible drinks promotions.

   

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

   

  6.              Staff shall be trained to be vigilant to ensure that drugs do not become an issue.

   

  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.

   

  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.  Mats shall be fitted into mat wells so as to be flush with the floor's surface.

   

  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, fire safety signs or fire fighting equipment.

   

  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.              Exit doors shall open outward (or shall be secured in thye open position).

   

  17.              Fire alarms, fire fighting equuipment shall be serviced and tested annually by an approved contractor.

   

  18.              The electrical system, including portable appliances, shall be inspected and tested annually by a competent person to ensure safety.

   

  19.              Where temporary electrical equipment is to be used, a suitable circuit breaker device shall be installed to cover this equipment.  T

   

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

   

  21.              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.

   

  22.              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.

   

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

   

  24.              Where glazing forms part of windows, walls or partitions below waste height, it shall be constructed of safety materials.  Where glazing forms part of a door or side panel at below shoulder height, it shall be constructed of safety materials.

   

  25.              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.              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.

   

  3.              Sufficient ventilation shall be provided so as to ensure that doors and windows can be kept closed, where possible.

   

  4.              An announcement shall be made prior to clsoing requesting patrons' attending for functions and leaving the premises and vicinity as quietly and quickly as possible.

   

  5.              Staff shall check prior to entertainment, periodically and during entertainment, that all windows and doors are shut.

   

  6.              The volume of amplified sound used in connection with the entertainment shall at all times be under control of the management.

   

  7.              Provision of mechanical ventilation and air conditioning systems shall not allow noise breakout from premises or cause a nuisance by its operation.  Where plant and machinery has the potential to cause a noise problem it shall be positioned in such a way that the building structure provides as much screening as possible for nearby noise-sensitive properties.  Alternatively, or additionally, control mesures such as acoustic enclosures, acoustic louvers, silencers, or accoustic screening shall be considered.

   

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

   

  9.              No music or speech shall be relayed by external speakers.

               

  10.              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.

   

  11.              Bottle 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 (save as for Sundays and New Years Day).

   

  12.              The movement of bins and rubbish outside the premises shall be kept to a minimum/prohibited after 5pm.

   

  13.              Bins shall have lids to ensure that rubbish does not pollute as a result of wind disturbance.

   

  The Protection of Children From Harm

   

  1.              The entertainment provided shall be of a family style entertainment.

   

  2.              CCTV shall assist in the protection of children.

   

  3.              Children shall accompany their parents to the hotel.

   

  4.              No person under 18 shall be permitted to consume alcohol.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  General

   

  1.              Alcohol shall only be sold and supplied to:

   

                (i)              Residents

                (ii)              Bona fide guests of residents

                (iii)              Employees and those supplying entertainment

                (iv)              Persons attending bona fide pre-booked functions for which houses of opening of premises shall be:

                                            *  Monday to Thursday 11.00 hours to 00.30 hours,

                                            *  Friday to Sunday 11.00 hours to 01.30 hours

                              And where the hours for alcohol shall be:

                                            *  Monday To Thursday 11.00 hours to 00.00 hours,

                                            *  Friday to Sunday 11.00 to 01.00 hours.

                (v)              For non residents, those not attending bona fide pre-booked functions, the premises opening times shall be:

                                            *  Monday to Saturday 10.00 hours to 23.30 hours

                                            *  Sundays 12.00 to 23.00 hours

                              and for the sale and supply of alcohol

                                            *  Monday to Saturday 10.00 hours to 23.00 hours,

                                            *  Sundays 12.00 to 22.30 hours.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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