Le Bistrot Pierre

Units 1 & 5, Abbey Crescent, Torbay Road, Torquay, Devon, TQ2 5HB

Completed application 035121 which is a Internal Amendment/Variation for Premises Licence from 14/07/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• provision of late night refreshment
• the sale by retail of alcohol
• any playing of recorded music

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 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.

   

  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.

   

  8)              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:  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 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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

• General

   

   

  1.               The premises shall operate in accordance with all relevant legislation and the licensing objectives in accordance with section 182 guidance.

   

  2.              The licence holder shall carry out risk assessments, in particular in relation to fire precautions and health & safety at work prior to commencing trading.

   

  3.              The licence holder shall comply with the relevant mandatory conditions.

   

  4.              The premises shall predominantly be run as a licensed restaurant.

   

  5.              The consumption of alcohol within the restaurant area shall be restricted to persons taking a table meal. However, alcohol may be consumed within the bar area (hatched blue on the plan) by persons not taking a table meal at the premises.

   

  6.              Food shall be available throughout the trading day.

   

  7.              Waiter/waitress service shall always be available.

   

  8.              The area known as Old Maids Perch shall only be used by the premises for the provision of food and drink between 08:00 and 23:00 hours daily.  At 23:00 hours all chairs will be removed from this area.  Tables will be fixed to the floor.

   

   

  The Prevention of Crime and Disorder

   

   

  1.              The licence holder shall liaise with other premises licence holders in the area and co-operate with any local Pubwatch scheme. The licence holder shall participate in all initiatives promoted by local policy to discourage irresponsible drink promotions and/or discounting.

   

  2.              The licence holder shall ensure that, as far as is practical, persons on or leaving the premises and highways will be reminded to conduct themselves in an orderly manner and not in anyway cause annoyance to residents or persons passing by.

   

  3.              CCTV shall be installed inside to enhance the safety of patrons and staff. All cameras shall continually record and the tapes will be securely retained for a minimum of 14 days.

   

  4.              The CCTV shall be capable of being downloaded into a recognisable viewable format.

   

  5.              CCTV footage requested by the Police will be provided within 7 days of request.

   

  6.              The licence holder shall ensure that all customers consuming food and drink within the area known as Old Maids Perch are seated.

   

  7.              The licence holder shall ensure that within the area known as Old Maids Perch all customers are served by way of waiter/waitress service and that there are an adequate number of waiters/waitresses on duty at all times of operation in order to supervise the area and ensure compliance with these conditions.

   

   

  Public Safety

   

   

  1.              Adequate access shall be provided for emergency vehicles.

   

  2.              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 and in good order and in a safe condition.

   

  3.              At least one qualified first-aider shall be present on the premises during the whole time the premises are made available for regulated entertainment.

   

  4.              The licence holder shall ensure that all fire doors are maintained in good working order and that all staff (including temporary staff) are adequately trained in the evacuation procedures for the premises.

   

  5.              In respect of the area known as Old Maids Perch, the licence holder shall ensure that all drinks are served in strengthened glass/plastic or polycarbonate and that no drinks shall be served in glass bottles from which it is intended or likely that a customer will drink.

   

   

  The Prevention of Public Nuisance

   

   

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

   

  2.              The placing of refuse, such as bottles, into receptacles outside the premises takes place at times that shall prevent disturbance to nearby properties.

   

  3.              Deliveries of kegs, bottles, food or other materials necessary for the operation of the business shall be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.

   

  4.              The licence holder shall ensure that staff who arrive early morning or depart late at night when the business has ceased trading conduct themselves in such a manner to avoid causing disturbance to nearby residents.

   

  5.              Notices shall be displayed in prominent positions near exits reminding patrons to leave in a quiet and orderly manner.

   

  6.              A specified taxi operator shall be nominated for staff and customers' use. The company's telephone number shall be advertised to customers. The operator, and all drivers, are aware that they should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily. In addition, staff shall leave as quietly as possible, particularly at night and early in the morning.

   

  7.              The licence holder shall ensure that all the rubbish produced by the premises is stored securely in a designated area or in a bin with a tight fitting lid. This will help prevent litter being blown around.

   

  8.              No new tables shall be allocated to customers in the outside areas after 21:00 hours.

   

  9.              Management shall control levels of noise in the outside areas and advise customers of the need to respect local residents where appropriate. Any patrons continuing to cause any disturbance or disorder shall be asked to leave the premises.

   

  10.              The use of the outside areas for eating and drinking shall not take place after 23:00 hours.

   

   

  The Protection of Children from Harm

   

   

  1.              A challenge 25 proof of age policy shall be adopted and all staff shall be trained in the procedures.

   

  2.              Any person who looks or appears to be under the age of 25 years shall be asked to provide identification that they are over 18 years. The following are the only forms of identification acceptable: UK photo driving licence; Passport; PASS accredited cards.

   

  3.              Challenge 25 signage shall be positioned in the premises alerting customers to this policy.

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

•  

  None

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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