Torbay CouncilLicensing & Public Protection

Torre Abbey

The Kings Drive, Torquay, Devon, TQ2 5JE

Completed application 051326 which is a Internal Amendment/Variation for Premises Licence from 01/05/2018 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

   

  Prevention of Crime and Disorder

   

  1.              There shall be a clear and legible notice at the premises indicating the normal hours under the terms of the premises licence during which licensable activities are permitted.

   

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

   

  3.              CCTV shall cover both inside the Abbey and outdoors to enhance the safety of patrons and staff where deemed appropriate.

   

  4.              The provision of plastic bottles shall be provided depending on the type of entertainment provided, and the number and behaviour of patrons.

   

  5.              Regular glass and bottle collection shall be undertaken throughout the premises.

   

  6.              Patrons shall not be permitted to leave the premises with any glass or bottles which belong to the premises.

   

  7.              The emergency lighting shall at all times when the public are on the premises be maintained in working order and so kept in use (except in such parts as are for the time being adequately lit by daylight) that it is adequate to enable to public to see their way out of the premises and clear of the building.

   

  8.              No disorderly behaviour shall be tolerated.

   

  9.              The Hirer shall be responsible for the security of cash/monies taken at events.

   

  10.              Sufficient numbers of door staff/stewards who are suitably trained shall be provided on the premises, depending on the activities or entertainment taking place on site and the likelihood of overcrowding.  Door staff shall need to be licensed with the Security Industry Association.

   

  11.              When on duty, every attendant shall wear a uniform and no person under the age of sixteen shall be employed as an attendant on the premises.

   

  12.              For events where licensable activities will take place both indoors and outdoors, where tickets are sold to the general public, and where the anticipated attendance will be in excess of 500 persons, the following conditions will apply:

                i)              an Event Management Plan shall be submitted to the Public Safety Advisory Group (PSAG) at least 4 months in advance of any event, and

                ii)              the event shall be run in accordance with the Event Management Plan approved by the PSAG.

   

  13.              For all other events where a part or parts of the premises are used for licensable activities (other than events which are restricted to the hirer and his/her invited guests, for example weddings), the DPS shall risk assess the need for SIA regsitered door stewards and employ such stewards and at such times as determined by that risk assessment.

   

  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 information compiled to comply with any public safety condition attached to the premises licence that requires the recording of such information.  The logbook shall be kept available and produced for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.

   

  2.              Adequate access must be provided for emergency vehicles at all times.

   

  3.              Where patrons wait in a queue for admission, all reasonable steps shall be taken to ensure that such persons do not obstruct exits, yards, passageways, stairways and ramps leading to the outside of the premises.

   

  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 installations, shall be maintained at all times in good order and in a safe condition.

   

  5.              The date on which any staff have obtained first aid qualifications or received refresher training shall be recorded and kept within a logbook.

   

  6.              Persons shall not be allowed to stand, sit or otherwise remain in any gangway or exit.

   

  7.              All parts of the premises shall be adequately illuminated.

   

  8.              Staff shall be briefed on Fire Exits and evacuation procedure.

   

  9.              The exits in the premises shall be clearly indicated and maintained to afford the public ready and ample means of safe escape.

   

  10.              All exit doors shall be kept unlocked and available for exit during the whole time that the public are on the premises, provided that any person leaving during a performance or exhibition may be directed to certain exits at the discretion of the management.

   

  11.              Exit routes shall be maintained free from obstruction at all times, and in particular, no provision for hanging clothing or storing any article shall be made in corridors, passageways, gangways or exit ways.

   

  12.              Curtains shall not be hung across gangways, exit ways or over staircases.  Where hung over doorways or across corridors, they shall draw easily from the centre and slide freely and shall be clear of the floor.

   

  13.              The Licensee shall take all possible steps to eliminate the danger of fire occurring and shall ensure that all members of staff, stewards and attendants are fully instructed in their duties in the event of fire.

   

  14.              Fire fighting equipment and a suitable approved alarm system shall be installed within the Premises and in such a way as shall be required by the Council and the Fire Officer.  All such equipment shall be maintained in good and efficient working order and kept ready for use and regularly tested.  Portable fire extinguishers should be discharged at regular intervals in accordance with Clause 10:2 of British Standard Code of Practice 5306: Part 3: 1980.  Any backstage automatic sprinkler installations must be designed, installed and maintained in accordance with the latest requirements or the Fire Officers' Committee by a company entered on that Committee's Approved List of Installers Parts I, II or III.  All tests shall be recorded in a log book to be produced as required by the Council.

   

  15.              Signage shall be available for spillages and wet floors.

   

  16.              No exterior decorations, flags, emblems or notices, shall be allowed except with special permission.

                No person shall:-

                i)              bring, place or erect any furniture, fitting, erections, or structures, or

                ii)              place or fix any additional or decorative lighting or any decorations, shrubs, plants or similar things, or

                iii)              place, fix or exhibit any advertisement, in or upon any part of the premises without previous consent.

   

                Any fittings or fixtures that may be permitted must be fixed under the direction of and to the satisfaction of the Head or Museums, or delegated member of staff.  No nails, screws, pins, drawing pins or other means of fastening shall be attached, driven or screwed into the walls, floors, doors or other surfaces of the venue.  Any decoration of the venue with flags electric lights and such like, in connection with dances or such like, must be carried out during times agreed with the Management.

   

  17.              The use of paper streamers, powder, confetti, rose leaves, rice and similar, must be prohibited.  Biodegradable alternatives to confetti however, may be allowed.  The use of powder, or any colouring substance, whether abrasive or otherwise, on the floors is prohibited.

   

  18.              All scenery, decorations and property used in any performance must be completely flame proofed and must comply fully with the Fire Prevention Regulations applicable to the premises.

   

  19.              Hazardous Materials - No person shall introduce any highly combustible materials or substances into the premises.

   

  The Prevention of Public Nuisance

   

  1.              Post event litter arrangements shall be in place.

   

  2.              Silent generators shall be used wherever possible.

   

  3.              Noise levels within the premises resulting from the operation of any musical instrument or amplified equipment shall be regulated so as to protect the hearing of any employee therein in accordance with current standards.

   

  4.              Patrons at events shall be asked to leave the premises quietly at the end of an event.

   

  5.              The premises shall remain open for half an hour after alcohol is served, during which time patrons shall be dispersed gradually.

   

  6.              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. dwelling) with windows open for normal ventilation especially after 11.00pm.  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 distinguished above other noise.

                ii)              After 11pm - Noise emanating from the premises shall not be distinguishable above background levels of noise.

   

  7.              All licensable activity in the outdoor areas shall cease by 23:00.

   

  8.              At all times a public or private event is held on the premises where there are performances of live or recorded music after midnight a noise management plan must be in place.

   

  9.              For events where licensable activities will take place both indoors and outdoors, where tickets are sold to the general public and where the anticipated attendance will be in excess of 500 persons, the following conditions will apply:

                i)              a noise management plan must be submitted with the EMP at least 2 months in advance of any event to the Public Safety Advisory Group.

                ii)              a noise acoustic consultant must be employed to develop and manage the noise plan and liaise with Environmental Health.

   

  10.              Noise from regulated entertainment (in the form of live and recorded music) shall not be distinguishable from the ambient noise 10 meters or more from the premises boundary.  This shall be assessed from the street, where possible.  However, should a complaint from a resident in the area be made, steps shall be taken to ensure that noise breakout is reduced to a level agreed with the Local Authority and the residents.

   

  11.              There must be a cooling down period where music volume is reduced by one third 30 minutes before the closing time of the premises.

   

  12.              All windows and external doors shall be kept closed between 23:00 and 02:00 hours, or at any time when regulated entertainment takes place, except for the immediate access and egress of persons.

   

  13.              Speakers shall not be located/operated in the entrance lobby or outside the premises, except for events covered under a noise management plan.

   

  The Protection of Children from Harm

   

  1.              During performances principally for child audiences, additional steps shall be provided to ensure the safety and well being of children present on the premises.

   

  2.              The premises shall adhere to Torbay Council's Child Protection Policy.

   

  3.              Suitable staff training and age identification scheme shall be in place and adhered to.

   

  4.              Signs provided, informing customers that under 18's shall not be served alcohol and that proof of identification and age shall be required.

   

  5.              Fire safety.  Shall enquire that all chaperones and crew receive instruction on the fire procedures applicable to the premises prior to the arrival of any children.

   

  6.              Signage to explain that children shall not be admitted to film showings which are not suitable for their age group, and that adults should not purchase tickets on behalf of children. To be adhered to by the hirer.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  The prevention of crime and disorder

   

  1.              All alcohol sold for consumption off the premises, shall be supplied in sealed containers.

   

  2.              All drinking glasses in which drinks are served shall be made of plastic or toughened glass.  No drinks shall be removed from the premises, unless they are in sealed containers and sold for consumption off the premises.

   

  Public safety

   

  1.              For events where licensable activities take place both indoors and outdoors, where tickets are sold to the general public, and where the anticipated attendance will be in excess of 500 persons, the following conditions will apply:

   

                a.              An Event Management Plan shall be submitted to the Public Safety Advisory Group (PSAG) at least 4 months in advance of any event, and

   

                b.              The event shall be run in accordance with the Event Management Plan and approved by the PSAG.

   

  2.              For all other events where a part, or parts of, the premises are used for licensable activities (other than events which are restricted to the hirer and his/her invited guests, for example weddings), the DPS shall risk assess the need for SIA registered door stewards and employ such number of stewards and at such times as determined by that risk assessment.

   

  The prevention of public nuisance

   

  1.              All regulated entertainment in the premises outside area shall cease by 11pm.

   

  The protection of children from harm

   

  1.              The premises shall operate a Challenge 25 Policy and any individual who appears to be under the age of 25 will be required to produce an approved form of photographic identification, as outlined with the Torbay Council’s Licensing Statement of Principles.

   

  2.              Where licensable activities take place at the premises, no under 18’s shall be permitted in the premises or within the licensed area after 11.00 pm.

   

  3.              All children under the age of 16 shall be accompanied by a responsible adult.  (This should always apply where events are being held, which involve the sale of alcohol).

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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