Las Iguanas

Unit 4, Abbey Sands, Torquay, Devon, TQ2 5FB

Completed application 045848 which is a Change of Supervisor for Premises Licence from 09/11/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

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.

   

  Minimum Drinks Pricing

   

  1)              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.

   

  2)              For the purposes of the condition set out in paragraph 1

   

  (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 premises in respect of which there is in force a premises licence:-

  (i) The holder of the premises licence

  (ii) The designated premises supervisor (if any) in respect of such a licence, or

  (iii) The personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d) “relevant person” means, in relation to premises in respect of which there is in force 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 the 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 (2) 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.              The full menu will be available throughout the trading day (subject to a permitted wind-down period before the terminal hour of service).

   

  2.              Waiter/waitress service will always be available and at any given time no less than 80% of the internal public trading area will be given over to tables and chairs.

   

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

   

  4.              There shall be a 30 minute drinking up time on top of the last permitted sale of alcohol to allow customers to use the toilet facilities and disperse from the premises.

   

  5.              Locations of fire safety and other safety equipment subject to change in accordance with the requirements of the responsible authorities or following a risk assessment.

   

  6.              Any detail shown on the plan that is not required by the licensing plans regulations is indicative only and subject to change at any time.

   

  7.              All front of house staff shall receive in-house training around the sale of alcohol.  Such training will be written into a programme of ongoing review and shall be made available to a responsible authority on reasonable request.

   

  Prevention of crime and disorder

   

  1.              The premises will have an approved, effective and well managed CCTV system installed and maintained by an NSI - Nacoss Gold Standard/SSAIB registered installer.  The system installed shall be subject to a regular maintenance contract to ensure it is always fully operational as stipulated/recommended by the installer.

   

  2.              The CCTV system must be in working condition, in use, and recording at all times that licensable activities are taking place (and whilst people remain on the premises).  It must be able to record in all lighting conditions and the images recorded must be of a good evidential standard.  These images must be kept on a secure database and be capable of being downloaded onto removable media.  A member of staff must be present at all times who can both operate the system and supply copies of these images on request to either a Police, Council or other authorised officer.  The recordings shall be kept for a minimum of 31 days.

   

  3.              The premises shall have no fewer than two SIA Registered Door Supervisors, only when regulated entertainment takes place, on a Friday, Saturday and Bank holiday Sunday, as well as any other evening when regulated entertainment takes place after midnight.  Door Supervisors' shift will begin no later than 20:00 hours and will finish no earlier than the closing time of the venue.

   

  4.              All door staff must sign a register when performing duties at the premises.  This register is to contain the full names, SIA badge numbers and contact details of that person.  This register shall be made available on request to any Relevant Authority for the purposes of investigating or preventing crime or apprehending or prosecuting an offender.

   

  5.              Other than in the areas designated for drinking and indicated in this application, no persons shall be permitted by the designated premises supervisor or persons acting under his/her authorisation to remove alcohol from the premises in an open container.  Off sales are to be taken off the area marked on the licensed plan in sealed containers only.

   

  6.              The premises shall be a member of Pubwatch or a related scheme.

   

  7.              Crime prevention posters and material aimed at preventing theft/loss of personal possessions will be displayed in prominent positions (agreed by both Police and Management) within the premises.

   

  8.              A dispersal policy document is to be drawn up in consultation with Police and Council officers and shall be implemented in full once agreed.  This shall include, but not be limited to: the monitoring of customers by (door) staff; the pre-booking of minicabs/taxis; orderly dispersal of patrons.  This policy shall be reviewed on an annual basis to ensure it is still effective and shall be updated as necessary.

   

  9.              A log for all incidents is to be kept and maintained.  This log must be available to Police or Council officers on request.  Relevant offences will be reported to the Police in good time.

   

  Public safety

   

  1.              Appropriate fire safety measures will be installed and maintained as shown on the drawings accompanying this application.

   

  Prevention of public nuisance

   

  1.              The premises shall have a refuse store of sufficient size.

   

  2.              The premises licence holder or nominated person will ensure that late night refreshment is restricted to consumption on the premises.

   

  3.              A designated, de-lineated and bordered smoking area will be allocated outside the premises.  Suitable receptacles will be provided within this area for cigarette litter.  The premises licence holder or nominated person shall ensure that the smoking area is regularly cleaned to ensure that all discarded smoking litter is properly discarded and removed.

   

  4.              The premises licence holder or nominated person shall ensure that suitable signage is positioned at exits to request the co-operation of patrons, in particular to make as little noise as possible when leaving the premises.  Patrons will be asked not to stand around talking in the street outside the premises or any car park and will be asked to leave the vicinity quickly and quietly.

   

  5.              Any outside areas will be monitored and supervised by management and staff when they are occupied during the hours that the premises are open to the public.

   

  6.              No regulated entertainment shall take place outside.

   

  Protection of children from harm

   

  1.              All front of house staff shall through in-house training be made aware of the law regarding the refusal of service to any person who is drunk or is underage and how to seek an approved form of photographic identification from anyone who appears to be underage.

   

  2.              All staff training on the issue of underage sales to be documented and made available to responsible authorities upon request.

   

  3.              Persons under the age of 18 years shall only be admitted onto the premises in the company of a responsible adult.

   

  4.              A Challenge 21 policy shall be employed whereby persons who appear to be under the age of 21 years and are attempting to purchase alcohol will be asked to provide identification.

   

  5.              The only type of identification that will be accepted is a photo driving licence, passport, PASS (Proof of Age Standards Scheme) or accredited Military identification cards.

   

  6.              Staff shall be trained in the Challenge 21 policy and training records will be kept.

   

  7.              There shall be no adult entertainment, services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children.

   

  The prevention of crime and disorder

   

  1.              On any Friday and Saturday night that the premises remain open for the sale of alcohol after midnight and then closes after 00:30 hrs between 1 April and 30 September, SIA door supervisors shall be employed on the premises from 23:00 hrs until close, at a ratio of 1 supervisor per 100 customers.  This condition shall apply on New Year’s Eve and Bank Holiday Sundays.

   

  2.              All door supervisors deployed at the entrance of the premises or externally shall wear yellow high visibility jackets or waistcoats for the entirety of their duty.

   

  3.              The premises shall join and actively participate in the Nitenet Radio Communications Scheme.

   

  4.              The DPS or a member of the managment team shall attend at least two Torquay Forum meetings per calendar year, and any other meetings organised by the police in relation to high risk events.

   

  5.              All drinks must be served in toughened, strengthened, polycarbonate or plastic glasses after midnight.  On any Friday and Saturday night when the premises remain open for the sale of alcohol after midnight, no alcohol shall be served in glass bottles from which it is intended or likely that a person shall drink after midnight.  This condition shall also apply on New Year’s Eve and Bank Holiday Sundays.

   

  6.              No under 18’s shall be permitted on the premises after 23:00 hrs.  Those under 18 on the premises between 20:00 and 23:00 hrs shall be permitted if accompanied by a responsible adult who is taking a table meal.  An exception to under 18’s being permitted on the premises after 23:00 hrs shall be to attend a pre-arranged private function in the company of a responsible adult and where the premises are closed to the public.

   

  Prevention of public nuisance

   

  1.              Patrons in the outside area consuming alcohol shall be seated at all times after 23:00 hrs.

   

  2.              After midnight patrons using the outside area shall be seated at tables directly next to the external wall of the premises.

   

  3.              No Regulated Entertainment shall be permitted after 23:00 hrs.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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