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. Substantial food in the form of table meals shall be available throughout the times the premises are open to the public.
2. A CCTV system capable of providing images of an evidential standard in all lighting conditions, particularly with regard to facial recognition, shall operate throughout the times the premises are open to the public, with monitors behind all bars and a recording system. All recordings shall be kept for a minimum of 14 days and copies of recordings shall be supplied to the police within 7 days of any request.
3. Any identified defect in the CCTV system shall be logged at the premises and remedied as soon as reasonably practical. The Police licensing officer or Police licensing team shall be notified by email of all defects, the action required to rectify the situation and the time frame for such action within 24 hours of the defect being identified.
The Prevention of Crime and Disorder
1. The premises licence holder and DPS shall carry out a risk assessment to determine whether there is a requirement for door supervisors, if at all, in such numbers (in line with Torbay Council's licensing statement of principles) and at such times determined by that risk assessment.
2. The DPS shall ensure that an incident book is kept on the premises and that all incidents are recorded therein on a daily basis. This record shall include the full names of all persons involved if possible or practical to do so. The incident book shall be made available for inspection by a Police officer, a Police licensing officer or officers of the local authority on demand, and such records shall be kept on the premises for a minimum of 12 months.
3. The consumption of alcohol within the pavement cafe permit area (if applicable) shall be restricted to the times indicated within the permit and in compliance with all the terms and conditions specified therein.
4. Where one or more individuals are carrying out security activities, each individual must be licensed by the Security Industry Authority.
5. The DPS or a member of the management team shall attend at least two Torquay licensing forum meetings per calendar year, and any other meetings organised by the police in relation to high risk events.
6. On every operational day when door supervision is required then those SIA door supervisors employed in front of house duties shall wear high visibility reflective clothing (jackets/T-shirts) for the entirety of their duty.
7. All drinks must be served in shatterproof glasses and no alcohol shall be served in glass bottles after 11.00pm from which it is intended or likely that a person shall drink.
8. On every occasion that the premises sells alcohol after midnight and then closes after 00:30, SIA door staff will be employed from 22:00 until closing.
9. There shall be no entry or re-entry of patrons after 02:00.
10. On every operational day when door stewards are required, those employed on front of house duties must wear high visibility jackets for the entirety of their duty.
Public Safety
1. The DPS shall take all precautions for the safety of the public, the performers and the employees and shall retain control over all licensed portions of the premises.
2. At least one member of staff must be trained in first aid.
3. A safe capacity of the whole premises and each floor of the premises shall be maintained at all times. Such capacities to be agreed with the Fire Authority.
The Prevention of Public Nuisance
1. 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.
2. The handling of beer kegs, bottles and similar items shall not take place in the late evening, at night and during the early morning when the noise generated could cause a nuisance, particularly outside buildings.
3. Bottle skips and bins containing cans or bottles shall not be emptied outside after closing but shall be dealt with the next day during normal office hours.
4. The movement of bins and rubbish outside the premises shall be kept to a minimum after 23.00.
5. All staff shall ensure the customers leave the premises and immediate vicinity to the premises, quietly at the end of the evening.
6. Noise or vibration shall not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.
7. All regulated entertainment shall be played through a limiter which is set at a a level agreed with the local responsible authority for public nuisance. The limiter shall be made tamper proof and any adjustments to sound levels shall only be made in consultation with the responsible authority for public nuisance.
8. No changes that increase the level of volume to the public address system shall be made without prior consultation of the local Environmental Health department. This includes moving of speakers, the addition or removal of any equipment, and the use of guest acts and DJ's own equipment.
The Protection of Children From Harm
1. Regular ID checks shall be carried out and only current photo card driving licence and passports shall be accepted as ID.
2. Challenge 25 accredited proof of age initiative must be operated by all staff.
ANNEXE 3
CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
General
1. All staff in the premises selling alcohol after midnight shall be trained and hold, within 3 months of the commencement of their employment, a BIIAB Level 1 Award in Responsible Alcohol Retailing.
The prevention of crime and disorder
1. Where the premises sells alcohol after midnight, there shall be two SIA Registered Door Stewards located at the entrance to the premises (reducing to one for the proximity of time needed to respond to any incident arising inside the premises) and one floating SIA Registered Door Steward within the premises from midnight until closing.
2. The Premises Licence Holder shall in consultation with the Police have in place a written drugs Policy.
The prevention of public nuisance
1. The level of amplified music shall be reduced by 50% of the agreed level set by the noise limiter at 1.30 am until closing, seven days a week.
The protection of children from harm
1. No under 18s shall be permitted on the premises after 21.00hrs, unless they are consuming a table meal in the company of a responsible adult in which case they can remain until 22.00hrs.
ANNEXE 4
PLANS
Copy attached to Licence.