The Wighton

Orchard Way, Edginswell, Torquay, Devon, TQ2 7JA

Completed application 035884 which is a Variation Application for Premises Licence from 09/12/2014 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
• the sale by retail of alcohol
• provision of late night refreshment

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.

   

  7)              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.

   

•  

  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.

   

•  

  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 & Disorder

   

  1.              The licence holder shall undertake a risk assesment in connection with the operaion of the premises taking into consideration the area in which it is located and their previous experience of premises of this nature and their operation and impact on the immediate vicinity.

   

  2.               Alcoholic drinks shall not be removed from the premises in open containers for consumption in external areas provided for that purpose.

   

  3.              Any customer carrying opened bottles of alcoholic drink upon entry shall be not be admitted to the premises anytime that the premises are open to the public.

   

  4.              It is considered that for the nature of the operation door supervisors will not be required however, the Designated Premises Supervsor shall undertake a risk assessment should unusual events take place and if they consider it appropriate shall employ door supervision.

   

  5.              Any persons exercising security (as defined by paragraph 21a of shedule 2 of the Private Security Act 2001) shall be licensed by the Security Industry Authority.

   

  6.              Security personell shall be employed at the premises at the discretion of the Designated Premises Supervisor / holder of the Premises Licence.

   

  7.              Internal CCTV shall cover bar servery and main point of accerss and egress, such images shall be retained for a period of 30 days and be available to the Police and Licensing Officer on their reasonable request.

   

  Public Safety

   

  1.              The licence holder shall undertake a risk assessment with regard to Public Safety.

   

  2.              All equipment shall be to the latest standard shal will be British Standard approved.

   

  3.              The licence holder shall comply with reasonable requirements of the Building Control Officer. In any event, the approval of these statutory authorities shall be required before the premises can be open to the public.

   

  4.              The licence holder shall comply with the resonable requirements of the Fire Officer from time to time.

   

  The Prevention of Public Nuisance

   

  1.              The licence holder shall undertake a risk assessment with regards to Public Nuisance.

   

  2.              The doors and windows to the premises are to be double glazed.

   

  The Protection of Children from Harm

   

  1.              The restrictions set out in the Licensing Act 2003 shall apply.

   

  2.              No films or videos of any description shall be shown so that they can be viewed by persons under the age of any applicable BBFC / Local Authority certification.

   

  3.              Children under the age of 16 shall not be permitted to enter or remain at the premises after 22:00 unless resident, dining with an adult or attending a pre booked function.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

• The Prevention of Public Nuisance

   

   

  1.              Where appropriate prominent and legible notices shall be displayed at all exits in the premises requesting the public to respect the needs of the local residents and to leave the premises and area quietly.

   

  2.              Use of the external terrace areas will cease at 11:00 p.m.

   

  3.              A designated smoking area to be established after 11:00 p.m with a limit of 20 persons at one time (on the front terraced area).

   

  4.              A noise management plan to be approved by Public Protection prior to the opening of the Premises.

   

  5.              In respect of the Management Plan proposed by the Applicant's Legal Representative and to be approved by the Council's Public Protection Department prior to the premises being open, it shall include the following areas: car park, external terraced areas, deliveries, waste and smoking area in order to mitigate the potential impact of noise on nearby residents.

   

  6.              Live music provided internally shall cease at 11 p.m.

   

  7.              Noise relating to licensable activites shall not be audible within any dwelling with windows open for normal ventilation especially after 23:00 hours. 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 11 p.m. Noise emanating from the premises shall not be clearly distinguishable above other noise.

                        (ii)                        After 11 p.m. Noise emanating from 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 withan the residential property.

   

  8.              Doors and windows must be kept shut during entertainment to reduce noise breakout. A management scheme shall be in place to ensure this situation remains.

   

  9.              Suitable and sufficient means of ventilation must be provided and maintained in accordance with the manufactures guidelines.

   

  10.              Entrances must be provided with lobbies with automatic door-closers. The lobbies shall be in use throughout the time of entertainment.

   

  11.              Provision of mechanical ventilation or simular system shall not allow noise breakout from the premises or cause a nuisance by its operation.

   

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

   

  13.              The volume of any regulated entertainment shall be under the control of the management at all times.

   

  The Prevention of Crime & Disorder

   

  1.              No open receptacle to be taken outside of the remises after 11:00 p.m.

   

  2.              Private functions shall only be permitted if the whole building is reserved and door stewards to be risk assessed for each event.

   

  3.              Sale of alcohol after 23:00 may only be to persons taking a table meal.

   

  Protection of Children from Harm

   

  1.              The premises shall adopt Challenge 21 scheme to tackle underage sales. All staff to be trained in respect of Challenge 21.

   

  2.              No children under the age of 18 shall be allowed on the premises after 21:00 unless they are dining with an adult or attending a pre-booked function.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

• - Page 1 of 2
• - Page 2 of 2