Cary Parade, Princess Gardens & Promenade

Torbay Road, Torquay, Devon

Completed application 055337 which is a Request for Removal of Premises Supervisor for Premises Licence from 11/10/2016 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
• 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 ad hoc meetings with the emergency services and through the Public Safety Advisory Group, Torbay Council deparments and other agencies to plan for and share information regarding each event, inplementation, 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 family orientated.

   

  4.              External event organisers shall be required to comply with the same standards as for Torbay Council organised events.  Completion of an Application for Hire of Recreation Landform and complying with and producing the requested documentation including Risk Assessments.

   

  5.              Torbay Council or the Designated Organisers shall have a provision for lost children and CRB/DBS checked members of staff.

   

  6.              Torbay Council and the Designated Organiser shall work closely on site with both police and private security with the aim to achieve a safe environment.

   

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

   

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

   

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

   

  10.              There must be provision for the disabled.

   

  11.              The land must be fit for the purpose.

   

  Prevention of Crime and Disorder

   

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

   

  2.              Torbay Council and if relevant the Designated Organisers shall have specific meetings with the Police, planning for individual events regarding police presence where necessary.

   

  3.              Torbay Council or the Designated Organisers shall have SIA registered private security contracted in as necessary, with appropriate levels of staff at the event.

   

  4.              Torbay Council or the Designated Organisers shall inform the operators of any CCTV at the site, if any exists in the site selected.

   

  5.              Consideration shall be given to control the maximum occupancy levels (site measuring 100 metres x 50 metres = 5000 sq. metres divided by 0.5 = 10,000 people).

   

  6.              Depending on the size and nature of an event and if deemed appropriate by Torbay Council, Council staff shall be made available.

   

  7.              There shall be a central control point for emergency services and council officers to liaise.

   

  8.              At all outdoor events all drinks must be served in cans, polycarbonate or plastic glasses.

   

  Public Safety

   

  1.              There shall be regular meetings with emergency services 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.              There shall be adherence to HSE Managing Crowds Safely 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.

   

  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 wtih building control regarding temporary structures, stages etc.

   

  10.              Torbay Council where appropriate shall carry out site Health & Safety inspections where planned events shall take place.

   

  11.              Torbay Council shall ensure that all events comply in accordance to Torbay Council General Hire of Recreation of Land conditions.

   

  12.              There shall be periodic inspections of other organisations events.

   

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

   

  14.              There shall be steward training and briefing.

   

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

   

  16.              There shall be CAA approval for air shows.

   

  17.              Torbay Council shall check sub contractors documentation in respect of test certificates and insurance.

   

  The Prevention of Public Nuisance

   

  1.              They 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.

   

  2.              The position of stage and sound speakers shall face out to sea or in parrallel along the green, consideration for local residents.

   

  3.              Construction and derig of events shall not be carried out at an unsociable hour.

   

  4.              Post event litter arrangements shall be in place litter pick and waste removal.

   

  5.              Silent generators shall only be used overnight.

   

  6.              Atractions shall have a wind down period to allow for public dispersal.  Marshalls/Stewards shall control and advise the public to leave the site quickly and quietly.

   

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

   

  8.              Torbay Council or the Designated Organiser shall work with the responsible authorities regarding the implementation of Traffic Management plans.

   

  9.              Six weeks prior to any planned event taking place the Designated Organiser shall contact the Senior Environmental Health Officer/Protection Officer within the Environmental 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 Environmental Protection and that these shall be adhered to.

  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 Marshalls/Stewards working at the event including the organisers.

   

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

   

  5.              There must be a facility to have announcements as laid out in the guidance forms.

   

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

   

  7.              There shall be liaison with police on site/social services out of hours team.

   

  8.              Stewards and security patrols shall assist and aid.

   

  9.              Where films are shown they must be the right certificates for children (aged under 18), for public open space only appropriate films for family audience shall be shown.

   

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

   

  11.              Staff shall be trained to prevent the sale of alcohol to under 18's.  A Challenge 25 policy shall be in place and photgraphic identification such as passport or driving licence shall be requested from any person who appears to be under 25 years.

   

•  

  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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