Torbay CouncilLicensing & Public Protection

Broadway Family Club and The Patio Bar

Torquay Holiday Park, Kingskerswell Road, Torquay, Devon, TQ2 8JU

Completed application 057370 which is a Change of Supervisor for Premises Licence from 13/07/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• a performance of live music
• any playing of recorded music
• a performance of dance
• the sale by retail of alcohol
• an exhibition of a film
• a boxing or wrestling entertainment
• 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

   

  General

   

  1.              Those persons attending venues providing licensable activities shall be people who are staying on the caravan parks and the general public shall not be allowed admission to the venue.

   

  The Prevention of Crime and Disorder

   

  1.              A text/pager/radio shall be used to keep in contact with the premises providing licensable activities on the park.

   

  2.              Such text/pager/radio shall be kept in good working order and shall be monitored by a responsible member of staff.

   

  3.              From 18.00 two door supervisors shall be on duty at the Broadway Club.

   

  4.              A register of door staff shall be maintained indicating the number of door staff on duty, their identity and the times they were on duty.

   

  5.              No person who is drunk or disorderly shall be allowed access to the premises.

   

  6.              No person who is the subject of a court  banning order shall be allowed in the premises provided the details of such person have been provided to the premises by the police.

   

  7.              Door supervisors must carry with them proof of their registration with the SIA and shall wear their name badges at all times.

   

  8.              No customer shall be allowed to bring alcohol in open or sealed bottles on to the premises.

   

  9.              Tables shall be cleared of all empty bottles and glasses on a regular basis.

   

  10.              Only a picture driving licence, Portman Card or passport shall be accepted as proof of age to ensure no person under the age of 18 is sold intoxicating liquor.

   

  11.              If required crime prevention notices shall be displayed in the premises warning customers of any prevalent crime that may affect them.

   

  12.              All staff who work behind the bar shall be fully trained to ensure that no person who is drunk or disorderly or who appears to be under the age of 18 is served with intoxicating liquor.

   

  13.              Risk assessments in respect of staff who handle cash, work alone or who work as part of the team security shall be carried out and any action which is needed shall be implemented.

   

  14.              A Resort Security Officer shall be on duty from 21.00 until 08.00 and shall be in radio contact with the entertainment venues and bars on the caravan park.

   

  Public Safety

   

  1.              Capacity of the Broadway Club must be 600.

   

  2.              Consideration shall be given to fixing a capacity limit for the Patio Bar after consultation with the fire service.

   

  3.              There shall be a suitable number of adequately trained staff to ensure the safe evacuation of people from the premises in the event of an emergency such staff shall have been issued with specific duties in the event of an emergency.

   

  4.              All staff shall have received training on the safe evacuation of the premises in the event of an emergency.

   

  5.              Adequate arrangements shall be made in the Fire Evacuation Plan to ensure the safer evacuation of any customers in the event of an emergency.

   

  6.              All fire escape routes shall be kept unobstructed and shall be clearly identifiable.

   

  7.              All escape doors and escape routes shall be checked before the premiess open for trading to the public.

   

  8.              All fire exit doors shall be available and shall be capable of opening without the use of any key, card, code or similar means.

   

  9.              Fire doors shall be self closing and shall not be held open other than by devices approved by the fire service or health and safety department.

   

  10.              Edges to steps and stairways shall be maintained so as to be conspicious.

   

  11.              Hangings, curtains and temporary decorations shall be maintained in a flame retardant condition and shall not obstruct fire exits, fire safety signs or fire fighting equipment.

   

  12.              Any upholstered seating shall comply with current fire safety regulations.

   

  13.              Notices detailing the action to be taken in the event of fire or other emergency shall be prominently displayed in the premises.

   

  14.              Access shall be provided for the emergency services and shall be kept clear and free from obstruction.

   

  15.              Fire evacuation tests shall be carried out every 6 months and a record maintained of those tests.

   

  16.              All fire fighting equipment shall be maintained in good working order and shall be availalbe for immediate use.

   

  17.              At least one first-aider shall be on duty and if there are more than one on duty their roles shall be clearly defined.

   

  18.              All emergency lighting and fire safety signage shall be maintained in good working order and shall not be alerted without the approval of the Fire Authority.

   

  19.              There shall be no demonstration of hypnotism without the prior approval of the Licensing Authority.

   

  20.              An adequate supply of free drinking water shall be provided for all customers.

   

  21.              Risk Assessments (including a fire risk assessment) shall be carried out for all premises where Licensable Activities take place and following such Risk Assessment an Action Plan shall be prepared and any additional action required shall be implemented.

   

  22.              A person trained in first aid will be on the premises during the hours wrestling is being provided.

   

  23.              Where a wrestling ring is used it will be constructed by a competent person and shall be inspected by a competent authority before use; any material used to form the skirt of the ring shall be flame retardant.

   

  24.              Members of the public will not occupy any seat which is closer than 2.5 metres to the wrestling ring.

   

  The Prevention of Public Nuisance

   

  1.              Doors and windows shall be kept closed where necessary.

   

  2.              The playing of background recorded music in any outside area shall not continue beyond 23.00.

   

  The Protection of Children From Harm

   

  1.              Only a picture driving licence or a passport shall be accepted as proof of age to ensure no person under the age of 18 is sold intoxicating liquor.

   

  2.              All staff shall be trained to ensure that no person under the age of 18 years shall be sold intoxicating liquor including the need for any person who looks under 18 to provide evidence of their age which is acceptable to the police.

   

  3.              No performance involving nudity or striptease shall take place at the premises.

   

  4.              The premises shall observe the Portman Group's Retailer Alert Bulletins issued under the Portman Group's "Code of Practice on the Naming, Packaging and Promition of Alcoholic Drinks".

   

  5.              Where performances are presented especially for unaccompanied children there shall be at least one attendant for every 50 children of part thereof.

   

  6.              All staff working in the Entertainment venues or security staff must provide Parkdean Caravan Parks Limited with a Criminal Record Bureau Check.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Public Safety

   

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

   

  2.              The staging edge must be clearly marked and visible to performers and patrons.

   

  3.              The premises shall not use strobe lighting without prior permission from the council.

   

  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 (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 premiess.  The criteria that shall be applied are;

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

                (ii)              After 23.00 hrs - Noise emanting from the premises shall not be 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 further assessments from within the residential property.

   

  2.              To reduce noise breakout, doors and windows facing onto any noise sensitive premises (e.g. dwelling) shall be kept shut during entertainment.  A management scheme shall be in place to ensure this situation remains.

   

  3.              No amplified or live music shall be permitted in outdoor areas.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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