Harbour Kitchen

16 Victoria Parade, Torquay, TQ1 2BB

Completed application 040847 which is a Change of Premises Name for Premises Licence from 31/10/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

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  ANNEXE 1

   

   

   

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  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.

   

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  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

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  Conditions transferred from the Supper Hours Certificate

   

  Alcohol may be sold or supplied for one hour following the end of permitted hours and on Christmas day, between 3pm and 7pm to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal.  For other purposes or in other parts of the premises the permitted hours shall continue to apply.

   

   

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  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:

   

  (a)               during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

   

  (b)               during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
   

  (c)               during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
   

  (d)               consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
   

  (e)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
   

  (f)               the sale of alcohol to a trader or club for the purpose of the trade or club.
   

  (g)               the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
   

  (h)               the taking of alcohol from the premises by a person residing there; or
   

  (i)               the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
   

  (j)               the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of the employer or of the person carrying on or in charge of the business on the premises.

  Credit Sales

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

   

  (a)               with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
   

  (b)               for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
   

  (c)               to a canteen or mess.

   

   

• Additional Conditions Transferred from the Licence

   

  1.              Substantial food to be available throughout licensing hours.

   

  2.              The hours shall be the normal permitted hours save as extended by Special Order of Exemption or               Section 68 Certificate.

   

  3.              The consumption of intoxicating liquor shall be confined to the premises and the area adjacent               thereto, designated under the terms of a Pavement Cafe Permit issued from time to time by the                            Local Authority, whilst such Authority is for the time being in force, providing such persons (within               both areas) are sat at tables.

   

  4.              A CCTV camera to be installed on the first floor area, to be maintained and used throughout               licensing hours with a monitor behind the ground floor bar servery.

   

   

   

   

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  The Prevention of Public Nuisance

   

  1.              Noise and vibration must not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.  Noise should not be audible within any noise sensitive premises with windows open for normal ventilation especially after 23.00 hrs.  The criteria applied, from the boundary to the nearest residential property are;

   

                (a)              Before 23.00 hrs - Noise emanating from the premises will not be clearly distinguishable above other noise.

   

                (b)              After 23.00 hrs - Noise emanating from the premises will not be distinguishable above background levels of noise.

   

                (c)              The local authority will reserve the right in cases of tonal noise and where premises are attached to others (i.e. semi's and terraced properties), to make further assessments from within the residential property.

   

  2.              The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the Licensee/Management and the controlling mechanism shall be operated from a part of the premises not accessible to the public.

   

  3.              Windows shall be kept shut during amplified entertainment to reduce noise breakout.

   

  4.              Cooking, noxious or persistent smells from the premises shall not cause a nuisance to nearby properties.

   

  5.              Should the Environmental Health Department determine that a statutory noise nuisance is being caused by the premises, the regulated entertainment shall cease until such time as a scheme of sound control measures is implemented in agreement with the Environmental Health Department.  This may include the installation of a noise limiter and sound insulation measures if necessary.

   

  6.              All doors and windows shall be shut during all regulated entertainment.

   

  7.              There shall be no exterior sited speakers or speakers in doorways and lobbies.

   

  8.              The management of the premises shall undertake monitoring of noise breakout from the premises and a written record needs to be kept of this monitoring.  This shall be undertaken at least once per day.

   

  9.              Patrons of the premises shall be reminded by door staff to leave in a quiet respectful manner and the door stall shall take all reasonable steps to ensure that their patrons leave in a quiet manner.

   

  10.              Door Staff shall monitor the area outside their premises and take reasonable steps to ensure that patrons do not congregate outside the premises.

   

   

   

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  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

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  None

   

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  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.