Paignton Green

Esplanade Road, Paignton, Devon

Completed application 051445 which is a Request for Removal of Premises Supervisor for Premises Licence from 25/04/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded 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
• provision of late night refreshment
• 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:  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).

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General
   

  1.              The Events Section shall have regular and meetings with the emergency services and through the Public Safety Advisory Group, Torbay Council departments and other agencies to plan for and share information regarding each event, implementation, environmental issues and cleansing.

   

  2.               All events shall be planned taking into consideration the guidelines laid down in the HSE's Event Safety Guide.

   

  3.               Events shall be socially all inclusive and mainly family orientated.

   

  4.               Torbay Council shall work closely with All Agencies and private security with the aim to achieve a safe environment.

   

  5.               The event organiser or designated deputy must be on site at all times during the event.

   

  6.               The event organiser must inform the Emergency Services of the event

   

  7.               Barriers must be used in accordance with event type and size for safety and crowd control.

   

  8.               There must be provision for the disabled.
   

  The prevention of crime and disorder
   

  1.               The Council shall have regular meetings with the police regarding programme of events.
   

  2.               The Council shall have specific meetings with Police planning for individual events regarding police presence where necessary.

   

  3.               The Council shall have SIA registered private security contracted in as necessary, with appropriate levels of staffing and event.

   

  4.               The Council shall inform the operators of any CCTV of the event as necessary.

   

  5.               The Council shall have reference to previous year's events, levels of staffing adjusted according to results.

   

  6.               Events will be planned in accordance with HSE Guidance.

   

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

   

  8.               There shall be a designated control point for emergency services and council officers to liaise.
   

  Public safety

   

  1.               There shall be regular meetings with the Public Safety Advisory Group for programme of events.

   

  2.               There shall be specific meetings with emergency services for individual events.

   

  3.               There shall be adherence to HSE Event Safety Guide regarding first aid levels, police, security and public provision.

   

  4.               Events will be planned in accordance with HSE Guidance

   

  5.               There shall be production of all relevant documentation - risk assessment, fire risk assessment, evacuation plan, site maps, emergency procedures, communications list, Public Liability Insurance. to any authorised officer as requested.

   

  6.               There shall be consultation of the above with all emergency services, Queen's Harbour Master and coastguard where necessary, Torbay Council Environmental Health, Health and Safety Team.

   

  7.               There shall be maintaining of emergency access points, fire lanes and hydrants and must follow relevant codes of practice regarding: marquees, fireworks, laser shows and fire extinguishers.

   

  8.               There shall be suspension of vehicle movement on site during events.

   

  9.               There shall be consultation with building control regarding temporary structures, stages etc.

   

  10.               There shall be on site health and safety inspections where needed: fairs, circuses, fireworks.

   

  11.               Torbay Council will ensure that other event organisers meet and supply the information needed in the General Conditions of Hire for Recreation Land.

   

  12.               There shall be provision of toilets and catering facilities.

   

  13.               There shall be steward training and briefing.

   

  14.               There shall be lighting and emergency lighting on site where necessary.
   

  The prevention of public nuisance

   

  1.               Any planned event taking place the designated organiser shall contact the Senior Environmental Health Officer/Protection Officer within the Licensing and Public Protection Department. The following details in the form of written documentation shall be provided detailing the following:-
   

                a) Name, date and nature of event.
  b) Contact name and number of responsible person who will be present at event in the event of any complaints received.
  c) Proposed start/finish time of amplified entertainment and/or music.
  d) Detailed drawing plan of event, including where applicable information concerning stage location, speaker location etc.
  e) Where considered necessary by Environmental Protection, details shall be provided of expected noise levels and subsequent measures that shall be implemented throughout the event to monitor and control noise levels to prevent any public nuisance.
  f) Noise levels at events shall be agreed with Licensing and Public Protection and that these shall be adhered to.
   

  2.               The organiser shall liaise with Environmental Health regarding environmental regulations, noise levels. Council Officer if in attendance shall monitor noise level and have contact with stage control.
   

  3.               The sound pressure level of the event shall not exceed 100dBL(A) eq(60s) or at a level agreed with the local Environmental Health department prior to the event measured at a height of 2.5m above ground level and 50m from the front of the stage (or at the delay tower/sound booth). A position shall be provided in the booth for Environmental Health officers to monitor sound pressure levels through the event.

   

  4.              Sound checking shall be only carried out for a period of 1 hour at a time agreed with the Licensing and Public Protection Department.

   

  5.               Construction and deconstruction of the fencing, staged area and unit’s ancillary to the event shall not be carried out between the hours of 23.00 and 08.00.

   

  6.               Post event litter arrangements shall be in place for litter picking and waste removal.

   

  7.               Silent generators shall only be used overnight.

   

  8.               Events shall have a wind down period to allow for public dispersal. Marshals/Stewards shall control and advise the public to leave the site quickly and quietly.

   

  9.               Traffic management plan shall be in place for all large events and events which incur road closures.

   

  10.               They shall work with Torbay Council’s relevant department regarding the implementation of Traffic Management plans.
   

  The protection of children from harm

   

  1.               There shall be a lost children provision on site.

   

  2.               CRB checked staff shall deal with this provision.

   

  3.               A register must be made of all Marshals/Stewards working at the event including the organisers.

   

  4.               A uniform/tabard must be worn to identify Organiser/Marshals/Volunteers.

   

  5.               Public Open Spaces events shall be socially inclusive and family orientated.

   

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

   

  7.               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 (18 years old or over).

   

  8.               The sale of Tobacco shall be prohibited at all events.

  Top of Form

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

   

  General

   

  1.              All events shall be planned taking into consideration the guidance laid down in the HSE's Event Safety Guide and managing crowd safety guidance.

   

  2.              An EMP (Event Management Plan) will identify the Safety Officer or deputy who must be on site at all times during the event.

   

  3.              The event organiser must inform the Emergency Services of the event and identify role and responsibilities of individuals working the event in conjunction with the EMP.

   

  4.              The event organisers shall provide the members of the PSAG (Public Safety Advisory Group) with a copy of the Event Management Plan draft and final version within agreed time scales set by the Premises Licence Holder.

   

  The Prevention of Crime and Disorder

   

  1.              The council shall have specific meetings with police, planning for individual events where necessary in accordance with the EMP.

   

  2.              Where individuals are required to carry out licensable security activities under the Private Security Industry Act 2001 they must be licensed by the Security Industry Authorities. Appropriate numbers of SIA/stewards will be engaged as required for the event as per the EMP.

   

  3.              Events shall be planned in accordance with HSE Guidance for events and Managing Crowds Safety Guidance.

   

  4.              At all outdoor events all drinks shall be served in cans, polycarbonate or plastic glasses and an amnesty bin with relevant signage will be placed at the entrance to allow public to discard or place any seized items.

   

  5.              The EMP (Event Management Plan) shall provide the following: _

   

                a)              Terms and condition or entry to be published on tickets and promoters website.

                b)              Drugs policy

                c)              Alcohol Management Plan

                d)              Searching and entry policy and procedures.

   

  6.              Depending on the nature and type of event a no re-entry policy shall be agreed by the PLH in consultation with the event organiser.

   

  7.              Where an Officer from Devon and Cornwall Constabulary of the rank of Inspector or above assesses with the Premises Licence Holder that the provision of Special Police Services is necessary, the Premises Licence Holder must arrange for these services to be provided prior to any event taking place.

   

  8.              The Premises Licence Holder must provide and maintain free from obstruction, an identified entry and exit point which enables the Police to access the site.

   

  Public Safety

   

  1.              Events shall be planned in accordance with HSE Guidance for events and Managing Crowds Safely Guidance.

   

  The Protection of Children from Harm

   

  1.              A register must be made of all Security/Marshals and stewards working the event including the organisers in accordance with the EMP.

   

  2.              Public open space events shall be socially inclusive and mainly family orientated.

   

  3.              Staff shall be trained to prevent sale of alcohol to under 18's - proof of age policy for any customer purchasing alcohol who looks under 21 years of age and predominantly display notices.

   

  4.              Parents and guardians shall be advised to instruct children to contact Security, Stewards, Police or first aiders if they become separated and staff shall be briefed with the protocol for appropriately escorting and caring for children until they are reunited with parents/guardians.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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