Ye Olde Wellhouse

3-5 Torquay Road, Paignton, TQ3 3DU

Completed application 065926 which is a Variation Application for Premises Licence from 29/02/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the sale by retail of alcohol
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance

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.              Non alcoholic beverages are also available while the premises is open to the public.

   

  2.              All staff engaged in licensable activity at the premises will receive training and information in relation to the following:

                a)    The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

                b)    The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

                c)    How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

                d)    Recognising the signs of drunkenness.

                e)    The operating procedures for refusing service to any person who is drunk, under-age, or appears to be under-age, or appears to be making a proxy purchase.

                f)     Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

                g)    Training shall be recorded in documentary form and shall be regularly refreshed at no later than 12 month intervals.  Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer or a responsible authority.

   

  3.              Training records will be retained for at least 12 months.

   

  4.              The Premises will operate under these conditions consistently to promote the licensing objectives.

   

  The Prevention of Crime and Disorder

   

  1.              The Premises must join and maintain membership of the Nitenet Radio Communications Scheme.

   

  2.              A written drugs policy shall be in place and operated at the premises. It must detail the actions to be taken to minimise the opportunity to use or supply illegal substances within the premises.  The policy must be made available for inspection and copying upon request by an authorised officer of a responsible authority.

   

  Public Safety

   

  1.              An incident record book must be kept.

   

  2.              Fire extinguishers must be maintained.

   

  3.              There must be checks made regularly to avoid trip hazards.

   

  4.              Fire escapes must be kept clear.

   

  5.              Glasses must be cleared from tables regularly.

   

  6.              The premises Licence holder will ensure that a fire risk assessment has been carried out and is reviewed at regular intervals.

   

  The Prevention of Public Nuisance

   

  1.              Music must stop on cool down period.

   

  2.              The bottle bin must be emptied into the large wheelie bin outside in the morning.

   

  3.              Doors must be kept closed so as to limit noise.

   

  4.              Rubbish must be put in secured bin outside.

   

  5.              Signage will be displayed at the premises requesting patrons to leave the premises quietly to avoid disturbing local residents.

   

  The Protection of Children From Harm

   

  1.              The premises shall operate a Challenge 25 Policy and any individual who appears to be under the age of 25 will be required to produce an approved form of photographic identification as outlined within the Torbay Council’s Licensing Statement of Principles.

   

  2.              Challenge 25 posters will be prominently displayed at the premises.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  The Prevention of Crime and Disorder

   

  1.              A CCTV system of an evidential standard must be installed to the satisfaction of the police, and the system to be in operation at all times the premises are open to the public.  All recordings from that system must be kept for a period of 31 days and the police to have access to records at any reasonable time.

   

  2.              On every occasion that the premises sells alcohol afer midnight and then closes after 12.30am, SIA door staff must be employed from 10.00pm until closing.

   

  3.              All drinks must be served in shatterproof glasses and no alcohol to be served in glass bottles from which it is intended or likely that a person shall drink.

   

  Public Safety

   

  1.              The ratio of SIA trained stewards to customers on the premises must be no less than 1:75.

   

  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 unreasonably disturbed. Noise should not be audible within any noise sensitive premises with windows open for normal ventilation especially after 23:00hr. The critera applied, from the boundary to the nearest residential properties are;

   

                (i)              Before 23:00hr- Noise emanating from the premises shall not be clearly distinguishable above other noise

                (ii)              After 23:00hr- Noise emanating from the 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 (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.              Doors and windows will be kept shut during amplified entertainment, to reduce noise break out.

   

  4.              During amplified music and entertainment the door lobby must be effectively used throughout the               time of entertainment to prevent noise breakout.

   

  5.              Amplified live music and entertainment until 00.00hrs shall be limited to not more than three               evenings per week.

   

  6.              No music or speech shall be relayed by external amplified speakers.

   

  The Protection of Children from Harm

   

  1.              Staff must receive training on matters related to the sale of alcohol.

   

  2.              All amusement with prizes machines must be sited to ensure they are under direct supervision of the staff at all times.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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