Torbay CouncilLicensing & Public Protection

Lucius Food & Wine

12 Lucius Street, Torquay, Devon, TQ2 5UN

Completed application 065990 which is a Internal Amendment/Variation for Premises Licence from 19/02/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

   

  General

   

  1.              There must be a CCTV system with recording facilities in place at site.

   

  2.              Appropriate staff training must be satisfactorily completed and recorded.  Training records can be made available for inspection upon reasonable request by a relevant officer of a responsible authority.

   

  3.              Appropriate training manual, refusals book, challenge 21 and pass accredited proof of age initiative must be operated by all staff.

   

  4.              Appropriate notices must be displayed in store requesting people leave quietly at night.

   

   

  The Prevention of Crime and Disorder

   

  1.              There must be a CCTV system with recording facilities in place at site.

   

  2.              Spirits must be located behind the counter.

   

  3.              Appropriate staff training must be satisfactorily completed and recorded.  Training records can be made available for inspection upon reasonable request by a relevant officer of a responsible authority. 

   

  4.              Appropriate notices must be displayed in store requesting people leave quietly at night.

   

   

  Public Safety

   

  1.              There must be a CCTV system with recording facilities in place at site.

   

   

  The Prevention of Public Nuisance

   

  1.              Appropriate staff training must be satisfactorily completed and recorded.  Training records can be available for inspection upon reasonable request by a relevant officer of a responsible authority.

   

  2.              Appropriate notices must be displayed in store requesting people leave quietly at night.

   

   

  The Protection of Children from Harm

   

  1.              Appropriate staff training must be satisfactorily completed and recorded.  Training records can be made available for inspection upon reasonable request by a relevant officer of a responsible authority.

   

  2.              Refusals book, spirits located behind the counter, Challenge 21 and pass accredited proof of age initiative must be operated by all staff.

   

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  The Prevention of Crime and Disorder

   

  1.              CCTV must be installed to the satisfaction of the police and maintained and used throughout the time the premises are open.  Such CCTV shall be to an evidential standard and recordings retained for a minimum of 14 days, during which time the police shall have access to recordings at any reasonable time.

   

  2.              All spirits must be displayed behind the counter and the sale and supply of spirits to be by counter service only.

   

  3.              The premises must be fully alarmed throughout.

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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