Occombe Farm

Preston Down Road, Paignton, Devon, TQ3 1RN

Completed application 057978 which is a Request for Removal of Premises Supervisor for Premises Licence from 24/05/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• the sale by retail of alcohol
• 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:  EXHIBITION OF FILMS

   

  1)       Where the film classification body is specified in the licence, admission of children must be restricted in accordance with any recommendation made by that body.

   

  2)       Where -

   

  ()        the film classification body is not specified in the licence, or
   

  ()        the relevant licensing authority has notified the holder of the licence that this condition applies to the film in question,
   

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  In the case of the aforementioned conditions

                “children” means persons aged under 18; and

                “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (authority to determine suitability of video works for classification).

   

   

  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.              All equipment, appliances and buildings must be maintained in good working order.

   

  2.             All events will be planned using the HSE event safety guide.

   

  3.             For all events where the major inducement is the sale of alcohol or the provision of live music, risk assessments (including fire risk assessments), an event plan, site map and evidence of PLI will be submitted to PSAG for approval.

   

  4.             DPS, or a nominated safety officer, will be available when all events are taking place.

   

  Prevention of Crime and Disorder

   

  1.              There shall be a full fire and burglar alarm in the main building.

   

  2.              The occupancy of the building shall be monitored at all times by staff.

   

  3.              All staff shall be trained to deal with difficult customers.

   

  4.              The site shall be locked at the end of each day and there will be no public access after closing.

   

  5.              All cash shall be locked in safe and tills left empty and open at the end of the day.

   

  6.              Drunken and disorderly behaviour shall not be permitted and people shall be asked to leave the site if causing a disturbance.

   

  7.              SIA door stewards shall be employed at the site on occasions of large outdoor events which involve sale of alcohol and live entertainment at the discretion of the management.

   

  8.             Cafe area will be counter service only.

   

  9.             Regular collection of glasses when finished or empty.

   

  10.           From 23:00 there will be no access to the balcony.

   

  11.           No glassware shall be permitted outside of the cafe area after 23:00.

   

  12.           Where an event is planned that is not specifically for a family marker, where the major inducement is the sale of alcohol (from a bar and for consumption on the premises) or the major inducement is the performance of live amplified music and it is anticipated that 500 or more shall be in attendance at any given moment the following conditions apply.

   

  a)              SIA steward shall be employed at the site. The number and duties shall be determined by Risk Assessment however, the minimum ratio of door stewards to members of the public shall be 1 per 200. A minimum of 18 such stewards shall be employed on site throughout the duration of the event.

   

  b)              SIA stewards must be suitably deployed around the perimeter, entrances and exits of the premises, to prevent persons from gaining free entry to the event.

   

  c)              All SIA stewards at outdoor events shall wear high visibility reflective jackets for the entirety of their duties.

   

  d)              At all outdoor events all drinks shall be served in cans, polycarbonate or plastic glasses.

   

  Public Safety

   

  1.              There shall be no public access to areas where machinery is stored.

   

  2.              A log book shall be kept of all accidents.

   

  3.              All entrances and exits shall be kept clear of goods.

   

  4.              Cleaning products shall be stored away from public areas.

   

  5.              There shall be wet surface signs for spillages and when cleaning takes place.

   

  6.              There shall be access for emergency vehicles onto the farm.

   

  7.              Fire safety precautions shall be in place (designated incident controllers and floor marshals) and fire extinguishers installed.

   

  8.              There shall be an annual fire system check and drills.

   

  9.              There shall be fire exits and alarm.

   

  10              There shall be complete risk assessments for all events held on site.

   

  11.              Where an event is planned where the major inducement is the sale of alcohol (from a bar and for consumption on the premises) or the major inducement is the performance of live amplified music, and it is anticipated that 500 people or more shall be in attendance at any given moment the following conditions shall apply:

   

  a)              A detailed risk assessment shall be carried out and submitted to the relevant Responsible Authorities including the Police at least 3 months prior to any planned event.

   

  b)              Management shall ensure that there are suitable numbers of staff on duty at large events, to control persons entering and leaving the event and that queues are dispersed as quickly as possible.

   

  c)              Readily identifiable marshals shall be employed in Preston Down Road to manage the queues and to assist with the safe arrival and exit of those attending outdoor events, but in particular the annual beer festival.

   

  d)              Car parks must be monitored and there must be sufficient lighting provided to prevent accidents from occurring.

   

  e)              Clear and conspicuous signage shall be erected at either side of the pedestrian underpass at the roundabout at the junction of the Torbay Ring Road with Preston Down Road, to encourage pedestrians to use this route when entering and leaving events on foot. Stewards shall be on hand to ensure that the underpass is used as the event closes.

   

  12.          Patrons must be seated on the balcony area when consuming drinks to prevent the risk of items falling from the balcony.

   

  Prevention of Public Nuisance

   

  1.              Refuse shall be in a designated and secure area at the rear end of the building. There shall be a contract in place for collection of recycling and Torbay Council collection for main waste.

   

  2.              Noise levels shall be monitored by staff at evening events.

   

  3.              The car park shall be locked each day after closing to avoid people loitering.

   

  4.              Volume of amplified sound must be under the control of a designated member of staff and monitored from the opposite side of Preston Down Road (residents side).

   

  5.              Where an event is planned where the major inducement is the sale of alcohol (from a bar and for consumption on the premises) or the major inducement is the performance of live amplified music, and it is anticipated that 500 people or more shall be in attendance at any given moment the following conditions shall apply:

   

                a) Noise from the premises shall not be audible within any dwelling with windows open for normal ventilation, especially after 11pm. 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 is as follows:-

   

                i. Before 11pm - noise emanating from the premises shall not be clearly distinguishable above other noise.

   

                ii. After 11pm - noise emanating 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, to make further assessments from within the residential property.

   

                b) The DPS or a senior member of staff 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 the level of noise has not increased.

   

                c) In respect of the Beer Festival, or similar event, clear and unobstructed signs must be displayed at all points of exit, to encourage patrons to leave quietly and respect local residents.

   

                d)  Announcements shall be broadcast by way of loudspeaker system, at least 30 minutes prior to closing, requesting patron’s co-operation in leaving the premises and vicinity as quickly and quietly as possible.

   

  6.             Doors to the balcony area must be closed from 23:00 to restrict noise.

   

  7.             No amplified music shall be allowed on the balcony.

   

  The Protection of Children from Harm

   

  1.              Staff shall be trained to prevent sale of alcohol to under 18's - proof of age policy for any customer purchasing alcohol that looks under 21 years of age.

   

  2.              Theatre performances and films that are unsuitable for children shall be promoted as such in advance.

   

  3.             Where an event is planned that is not specifically for a family market, where the major inducement is the sale of alcohol (from a bar and for consumption on the premises) or the major inducement is the performance of live amplified music and it is anticipated that 500 or more shall be in attendance at any given moment the following conditions apply:

   

                a) All staff, including casual staff employed for outdoor events, shall be suitably trained to prevent the sale of alcohol to under 18's - proof of age policy for any customer purchasing alcohol that looks under 21 years of age.

   

                b) Staff training shall be recorded and regularly review by the management to ensure all members of staff have received sufficient training and are aware of their responsibilities with regards to the sale of alcohol. Such records must be kept on the premises for at least 12 months and be readily available for inspection by a police officer, police licensing officer or council licensing officer.

   

                c) At large outdoor events, where alcohol is on sale, all children under the age of 16 must be accompanied by a parent or a responsible adult.

   

                d) In respect of the Occombe Farm Beer Festival, or similar event, no person under the ager of 18 will be permitted on the site after 6pm.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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