Murphys Roadhouse

18 Esplanade Road, Paignton, Devon, TQ4 6BD

Completed application 030014 which is a Variation Application for Premises Licence from 19/12/2012 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

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  ANNEXE 1

   

   

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  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 shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

   

                                   (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as  defined in section 159 of the Act);

   

                                (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;

   

                      (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on -

   

                                 (i)        the outcome of a race, competition or other event or process, or

   

                                  (ii)               the likelihood of anything occurring or not occurring;

   

                  (e) 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.

   

  4)              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  5)              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6)                             (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

                                     (2) 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 a holographic mark.

   

  7).               The responsible person shall 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

   

                                (ii) still wine in a glass: 125 ml; and

   

              (b) customers are made aware of the availability of these measures.

   

   

   

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  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.

   

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  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

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  The Prevention of Crime and Disorder

   

  1.              The premises shall not have an adverse effect on the crime and disorder objective.

   

  2.              The premises shall promote the crime and disorder objective in accordance with the Section 182 Guidance.

   

  3.              The premises shall operate in accordance with all relevant legislation which promotes the crime and disorder objective.

   

  4.              The premises shall liaise and co-operate with the responsible authorities.

   

  5.              A proof of age policy shall operate in relation to relevant licensable activities.

   

  6.              A zero tolerance towards illegal drugs shall operate at all times.

   

  7.              Any drinks promotions shall not adversely affect the promotion of responsible drinking.

   

  8.              Customers shall be encouraged to leave the premises in a quiet and orderly manner.

   

  9.              Staff shall be trained to observe the measures necessary to promote the crime and disorder objective.

   

  10.              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 to the public.  All recordings from that system must be kept for a period of 14 days and the police to have access to recordings at any reasonable time.

   

  11.              On each occasion that the premises sells alcohol after midnight, door staff shall be employed at a ratio of 1:100 customers from 22.00hrs until closing.

   

  12.              All drinks must be served in shatterproof glasses and no alcohol shall be served in glass bottles from which it is intended or likely that a person shall drink.

   

  13.              No alcohol shall be consumed in the outside areas after midnight.

   

  14.              Premises must join and maintain membership of the Nitenet Radio Communications Scheme.

   

  15.              The external areas of the premises shall continue to be well lit.

   

  Public Safety

   

  1.              The premises shall not have an adverse affect on the public safety objective.

   

  2.              The premises shall promote the public safety objective in accordance with the Section 182 Guidance.

   

  3.              The premises shall operate in accordance with all relevant legislation which promotes the public safety objective including, but not limited to, the Health & Safety at Work etc Act 1974 and associated regulations, the Food Safety Act 1990, the Regulatory Reform (Fire Safety) Order 2005 and the Disability Discrimination Act 1975.

   

  4.              The premises shall liaise and co-operate with the Responsible Authorities.

   

  5.              A zero tolerance towards illegal drugs shall operate at all times.

   

  6.              Any drinks promotions shall not adversely affect the promotion of responsible drinking.

   

  7.              Customers shall be encouraged to leave the premises in a quiet and orderly manner.

   

  8.              Staff shall be trained to observe the measures necessary to promote the public safety objective.

   

  9.              The necessary fire safety precautions shall be installed and maintained.

   

  The Prevention of Public Nuisance

   

  1.              The premises shall not have an adverse effect on the public nuisance objective.

   

  2.              The premises shall promote the public nuisance objective in accordance with the Section 182 Guidance.

   

  3.              The premises shall operate in accordance with all relevant legislation which promotes the public nuisance objective including but not limited to the Environmental Protection Act 1990 and the Noise Act 1996.

   

  4.              The premises shall liaise and co-operate with the Responsible Authorities.

   

  5.              Any drinks promotions shall not adversely affect the promotion of responsible drinking.

   

  6.              Staff shall be trained to observe the measures necessary to promote the public nuisance objective.

   

  7.              The premises shall be adequately ventilated to prevent nuisance.

   

  8.              Arrangements shall be made for the storage and disposal of refuse which do not cause a nuisance.

   

  9.              Any noise from the licensable activities provided shall be monitored in order to prevent nuisance.

   

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

   

  11.              The current noise limitation device installed within the premises must be used for all amplified live music and entertainment including karaoke.  This device shall be regularly maintained to ensure the noise produced with the premises shall not be audible within any residential premises in the vicinity.

   

  The Protection of Children From Harm

   

  1.              The premises shall not have an adverse effect on the protection of children objective.

   

  2.              The premises shall promote the protection of children objective in accordance with the Section 182 Guidance.

   

  3.              The premises shall operate in accordance with all relevant legislation which promotes the protection of children objective.

   

  4.              The premises shall liaise and co-operate with the Responsible Authorities.

   

  5.              A proof of age policy shall operate in relation to the relevant licensable activities.

   

  6.              A zero tolerance towards illegal drugs shall operate at all times.

   

  7.              Staff shall be trained to observe the measures necessary to promote the protection of children objective.

   

  8.              Non-alcoholic drinks shall be available.

   

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  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

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  General

   

  1.              There shall be no entry or re-entry to the premises after 2am except for those customers who have left to use the designated smoking area.

   

  2.              The use of the smoking area and the re-entry of customers who have used it shall be supervised at all relevant times by a door steward who shall be positioned immediately outside the main entrance door.

   

  3.              The smoking area shall not be brought into use until appropriate stepped access has been provided to the side which abuts the main entrance.

   

  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.  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 are:-

                (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.

   

  2.              The volume of the amplified sound used in connection with the entertainment provided shall at all times be under the control of the Licensee/Management and the controlling mechanism shall be operated from a part of the premises not accessible to the public.

   

  3.              Prominent, clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

   

  4.              All doors and windows at the premises shall be kept closed during regulated entertainment to prevent noise breakout, except for access, egress and in cases of emergency.

   

  5.              Entrances with lobbies shall be fitted with automatic door-closers.  The lobbies shall be in use throughout the time of entertainment.

   

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

   

  7.              Regular maintenance shall be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.

   

   

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  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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