Falcon Bar and Snooker and Bay Tree Restaurant

503 Totnes Road, Paignton, Devon, TQ4 7PZ

Completed application 022643 which is a New Application for Premises Licence from 21/07/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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
• entertainment facilities for making music

Additional Conditions

•  

  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.

   

  The following conditions shall come into force on 1st October 2010

   

   

  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.

   

   

   

•  

  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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

•  

  The Prevention of Crime and Disorder

   

  1.              The premises shall be adequately staffed at all times.

   

  2.              A CCTV system of an evidential standard shall be installed to the satisfaction of the Chief Constable of Devon & Cornwall Constabulary, the system being in operation at all times when the premises are open to the public.  All recordings from that system shall be kept for a period of 14 days and the police shall have access to recordings at any reasonable time.

   

  3.              The premises shall operate an age verification policy.

   

  4.              The Snooker area and bar to the rear of the premises shall be adequately staffed at all times that the areas are open to the public.

   

  5.              An incident book and recorded details of all incidents of public disorder shall be kept on the premises.

   

  Public Safety

   

  1.              Work Place Regulations - (For premises where persons are employed).  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.  The applicant understands that the safety of occupancy is also influenced by numbers of persons present, their disposition and the activities taking place, and therefore undertake to maintain a safe level of occupancy.

   

  Fire Safety:

   

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

   

  3.              All exit doors shall be regularly checked to ensure they function satisfactorily and will be easily openable without the use of a key, card, code or similar means and will be available for egress while the public are on the premises.

   

  4.              Any removable security fastenings shall be removed whenever the premises are open to the public or staff.

   

  5.              All gangways, exits ways, and treads of steps or stair wells shall be maintained with non slippery and even surfaces.

   

  6.              All floor coverings shall be secured and maintained so that they will not ruck.

   

  7.              Hangings, curtains, temporary decorations shall be maintained in a  flame retardant condition.

   

  8.              Upholstered seating shall be fire-retardant and will comply with current fire safety regulations.

   

  9.              Curtains, hangings and temporary decorations shall not obstruct exits, fire safety signs or fire-fighting equipment.

   

  10.              Notices detailing the actions to be taken in the event of fire or other emergencies shall be prominently displayed and maintained in good condition.

   

  11.              Access shall be provided for emergency vehicles and this access shall be kept clear and free from obstruction.

   

  12.              An evacuation policy shall be in place that is to the satisfaction of the Fire Authority.  All staff members shall be trained in the evacuation policy.

   

  13.              Exit doors shall open outwards (or will be secured in the open position).

   

  14.              Fire alarms, fire fighting equipment shall be serviced and tested annually be an approved contractor.

   

  Electrical system

   

  15.              The electrical system, including portable appliances, shall be inspected and tested annually by a competent person to ensure safety.

   

  Gas system

   

  16.              The gas system including appliances shall be inspected and tested by a registered gas engineer annually and a satisfactory gas safety certificate shall be obtained, all safety certificates and inspection reports shall be kept on site and made available for inspection by officers or relevant statutory bodes.

   

  Cellar gas system maintenance

   

  17.              Testing and staff training in accordance with the Pressure Vessels Regulations, carbon dioxide alarm shall be fitted to cellar.

   

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

   

  19.              Disabled people - when disabled people are present, adequate arrangements shall exist to enable their safe evacuation in the event of an emergency.  Review and assessment of accessibility in line with the Disability Discrimination Act shall be completed and kept on the premises.

   

  First Aid

   

  20.              The applicants shall ensure that at all times, there are adequate first aid arrangements.

   

  21.              The applicants' arrangements for first aid provision shall include a first aid box, an adequate and appropriate supply of first aid equipment and materials shall be available for the use of patrons.  Suitable protective equipment shall be provided to deal with hypodermic needles, blood spillages and other body fluids.  Procedures shall be in place to ensure that body fluids are dealt with in a safe manner to avoid the risk of communicable disease.

   

  Gangway, Exit Routes and steps

   

  22.              Gangways, exit routes and steps shall be maintained in good order with non slippery surfaces, edges of steps and stairways shall be conspicuously marked.

   

  Glazing

   

  23.              Where glazing forms part of windows, walls or partitions below waist height it shall be constructed of safety materials.  Where glazing forms part of a door or side panel at below shoulder height it will be constructed of safety materials.

   

  The Prevention of Public Nuisance

   

  1.              Noise of vibration shall not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.

   

  2.              Patrons shall be encouraged to make as little noise as possible when leaving the premises.

   

  The Protection of Children from Harm

   

  1.              The premises shall have an age verification policy.

   

  2.              Children shall be allowed on the premises but only with adult supervision.

   

  3.              For the showing of films, the mandatory conditions for exhibitions of films shall apply.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

•  

  None

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

• - Page 1 of 3
• - Page 2 of 3
• - Page 3 of 3