Torbay CouncilLicensing & Public Protection

Tek's (Convenience Store)

70 South Street, Torquay, Devon, TQ2 5AA

Completed application 065984 which is a Internal Amendment/Variation for Premises Licence from 19/02/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1

   

  MANDATORY CONDITIONS: WHERE LICENCE AUTHORISES THE SALE OF ALCOHOL

   

  No supply of alcohol may be made under this Premises Licence when there is no Designated Premises Supervisor in respect of the Premises Licence.

   

  No supply of alcohol may be made when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.

   

  Every supply of alcohol under this Premises Licence must be made or authorised by a Personal Licence holder.

   

  (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.

   

  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.  For the purposes of this condition -

   

  (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 a premises licence -

   

                (i)   the holder of the premises licence,

                (ii)  the designated premises supervisor (if any)

                (iii) the personal licence holder who makes or authorises a supply of alcohol;

   

  (d) “relevant person” means, in relation to 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 this 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 (b) below 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

   

  The Prevention of Crime and Disorder

   

  1.              The premises must be extremely secure with iron bars to all windows (except main window), steel door to rear opening into small yard.

   

  2.              The premises must be fully alarmed.

   

  3.              There shall be no sales of alcohol to persons who are drunk.

   

  4.              Using local knowledge identifying offenders involved in crime and disorder and therefore restricting sales to these individuals,  liasing and providing evidence when required with the local law enforcement and exchanging information.

   

  5.              Ensuring the good conduct of customers entering and leaving the premises.

   

  6.              A CCTV system capable of providing images of an evidential standard shall operate throughout all times that the premises are open to the public and the system will include a recording system.  At least one camera must provide a good facial image of all customers.  All recordings must be kept for a minimum of 31 days.  When downloaded CCTV footage is requested by the police this shall be provided within 7 days.  The premises must also provide suitable disks or memory sticks on which to download required footage.

   

  7.              No super strength beers, lagers or ciders of 6.1% abv or above shall be sold from the premises.

   

  8.              No single cans of beers, lager or cider shall be sold, and multi-packs of these products obtained from wholesalers or other suppliers will not be split up.

   

  Public Safety

   

  1.              The premises must be well lit during business hours with ample street lighting outside.

   

  2.              There must be a level shop floor.

   

  3.              Inappropriate and/or poor behaviour will not be tolerated.  Any person(s) acting unruly or inappropriately will be asked to leave the premises.  Details of such incidents will be recorded in a log and made available to any authorised officer of the Council or the Police for inspection upon reasonable request.

   

  The Prevention of Public Nuisance

   

  1.              Music provided shall what would normally be described as 'background' and inaudible outside premises.

   

  The Protection of Children from Harm

   

  1.              The premises licence holder will ensure that an age verification policy will apply to the premises whereby all cashiers will be trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 25 years (or older if the licence holder so elects) to produce, before being sold alcohol, identification being a passport or photo card driving licence bearing a holographic mark or other form of identification bearing the customer's photograph, date of birth and the Proof of Age Standards Scheme (or similarly accredited scheme) hologram.

   

  2.              All spirits shall be located behind the counter and shall be sold by counter service only.

   

  3.              Alcohol displays within the premises shall be located so that staff can view these displays at all times.

   

  4.              The Premises Licence Holder or Designated Premises Supervisor shall ensure that a Refusals Register is maintained to include details of all alcohol sales that are refused and the reason for refusal.  The register shall be retained for a period of 12 months and will be made available to the Police Licensing Officer and other enforcement officers or Responsible Authorities on request.

   

  5.              An Incident Book shall be maintained to record details of the dates, times and details of any incidents occurring on the premises.  This Incident Book shall be retained for a period of 12 months and will be made available for inspection at any reasonable time by the Police Licensing Officer and other authorised enforcement officers or Responsible Authorities in request.

   

  6.              The till used in the premises will have the ability to scan the barcodes of all products and where those products have an age restriction (such as tobacco or alcohol) a till prompt system will alert the staff to request an appropriate form of photographic identification.  The till must record whether the sale was approved or refused.

   

  7.              The premises shall operate a Challenge 25 policy whereby any individual who appears to be under the age of 25 shall be required to produce an approved form of photographic identification card (which must bear a hologram), or any other document specified within the Torbay Council Licensing Statement of Principles.

   

  8.              Challenge 25 posters will be prominently displayed within the premises.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  The Prevention of Public Nuisance

   

  1.              Noise or vibration shall not emanate from the premises such as to cause persons in the neighborhood 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 11pm.  This will 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 (i.e. semi's and detached properties), to make further assessments from within the residential property.

   

  2.              The volume of 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.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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