O Pescador

12 & 12a Victoria Parade, Torquay, Devon, TQ1 2BB

Completed application 055825 which is a Cancellation/Surrender for Premises Licence from 28/11/2018 to 30/01/2020

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

  1.              The number of persons admitted to the premises on any one occasion shall not exceed the maximum occupancy of 66 (such number is inclusive of staff working at the premises).  This shall be in agreement with the responsible authorities based on fire safety issues, available floor space and the sanitary accommodation available.

   

  2.              The last time for the supply of food and alcohol shall be 24.00.

   

  3.              There shall be a period of half an hour between the time for the last sale of alcohol and the closing time of the premises.  There shall be a clear and legible notice outside the premises indicating the normal hours under the terms of the premises licence during which licensable activities are permitted.

   

  The Prevention of Crime and Disorder

   

  1.              No irresponsible drinks promotions shall be permitted.

   

  2.              Customers shall be able to purchase alcoholic drinks in the following minimum measures without the premises upselling:-

                Spirits in 25 ml or 35 ml or multiples thereof

                Beer and Cider - half a pint or multiples thereof

                Wine - 125 or 175 ml or multiples thereof.

   

  3.              A policy shall be in force for the management of large groups, i.e. hen and stag parties.  The group shall be required to nominate a responsible person to liaise with staff.

   

  4.              The sale and supply of alcohol shall be by waiter/waitress service, to persons sat at tables.

   

  5.              Last entry time to the premises shall be 23.00.

   

  6.              As far as practical persons on or leaving the premises and using adjacent car parks and highways shall be reminded to conduct themselves in an orderly manner and not in any way to cause annoyance to residents or persons passing by.

   

  7.              Custom shall not be sought by means of personal solicitation outside or in the vicinity of the premises.

   

  8.              A CCTV system of an evidential standard must be installed to the satisfaction of the Police, and the system to be in operation at all times the premises are open.  Such system shall include a camera inside the premises to monitor persons entering and leaving.  All recordings from that system shall be kept for a period of 14 days and the Police to have access to recordings at any reasonable time.

   

  9.              Regular glass and bottle collections shall be undertaken throughout the premises.

   

  10.              Patrons shall not be allowed to leave the premises with any glass or bottles that belong to the premises.

   

  11.              There shall be no cigarette machines.

   

  Public Safety

   

  1.              A log book or recording system shall be kept upon the premises in which shall be entered particulars of inspections made; those required to be made by statute and the information complied to comply with any public safety condition attached to the premises licence that requires the recording of such information.  The log book shall be kept available and produced for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.

   

  2.              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 fire risk assessment, as required by, and in accordance with the Fire Precautions (Workplace) Regulations. 

   

  3.              The premises shall undertake to maintain a safe occupancy level.

   

  4.              All parts of the premises and all fittings and apparatus therein, door fastenings and notices and the seating, lighting, heating, electrical, ventilation, sanitary accommodation, washing facilities and other installation shall be maintained at all times in good order and in a safe condition.

   

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

   

  6.              The sanitary accommodation shall consist of:-  Male WC's 2,. Female WC;s 2, Male urinals 3, WHB's (male) 2, WHB's (female) 2, Disabled 1, Disabled WHB 1.

   

  7.              An adequate and appropriate supply of first aid equipment and materials shall be available for the use of patrons.

   

  8.              Means of escape shall be maintained unobstructed, immediately available and clearly identifiable.

   

  9.              Disabled people - when disabled people are present adequate arrangements shall exist to enable their safe evacuation in the event of an emergency and disabled persons on the premises must be made aware of those arrangements.

   

  10.              No obstruction of the stairways shall be permitted.

   

  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. a 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.

   

  2.              Patrons shall be asked not to stand around talking in the streets outside the premises or any car park and asked to leave the vicinity as quickly as possible and as quietly as possible.

   

  3.              Taxi operators shall be nominated for staff and customers use.  The companies' telephone numbers shall be advertised to customers.  The operators, and all drivers, shall be aware that they should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily.

   

  4.              The placing of refuse such as bottles, into receptacles outside the premises shall take place at times that will prevent disturbance to nearby properties.

   

  5.              Deliveries of kegs, bottles, food or other materials necessary for the operation of the business shall be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.

   

  6.              The Licensee shall ensure that staff who arrive early in the morning or depart late at night when the business has ceased trading shall conduct themselves in such a manner to avoid causing disturbance to nearby residents.

   

  7.              Provision of mechanical ventilation and air conditioning systems shall not allow noise breakout from the premises or cause a nuisance by its operation.

   

  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.              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.

   

  10.              The delivery of goods shall be restricted to normal shop opening hours.

   

  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.

   

  12.              The movement of bins and rubbish outside the premises shall be kept to a minimum after 11pm.

   

  13.              Cooking, noxious or persistent smells from the premises shall not cause a nuisance to nearby properties and the premises shall be properly ventilated.

   

  14.              All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting lid, to prevent litter being blown around.

   

  The Protection of Children From Harm

   

  1.              Special measures to protect children from harm shall not be considered necessary in view of the size of the restaurant and the number of staff on duty.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.