Torbay CouncilLicensing & Public Protection

The Cabin

13 Lucius Street, Torquay, Devon, TQ2 5UW

Completed application 066213 which is a Internal Amendment/Variation for Premises Licence from 27/02/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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 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.

   

  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.              CCTV in operation and regularly maintained covering both inside and outside of the premises. The CCTV will also cover the areas that will contain the stocks of alcohol.

   

  2.              The CCTV system retains all data onto hard drive for 28 days and can be copied on request and appropriate authority to do so.

   

  3.              Recognising, challenging and ensuring the conduct of persons purchasing products.

   

  4.              Close liaison with law enforcement agencies to ensure legality, public safety and protection of children and young persons.

   

  5.              Trained staff with full understanding of the U25 policy that will be in force.

   

  The prevention of crime and disorder

   

  1.              Using local knowledge identifying offenders involved in crime and disorder and therefore restricting sales to these individuals, liaising and providing evidence when required with the local law enforcement and exchanging information.

   

  2.              Ensuring the good conduct of customers entering and leaving this premises.

   

  Public safety

   

  1.              Inappropriate and/or poor behaviour will not be tolerated, any person(s) acting unruly or inappropriately will be asked to leave the premises, details of such incidents will be recorded in a log and made available to any authorised officer of the Council or the Police for inspection upon reasonable request.

   

  The prevention of public nuisance

   

  1.              A responsible person shall ensure that the area is maintained in a clean and smart manner by regular inspection and cleaning of the area in the immediate vicinity of the premises where appropriate.

   

  2.              Discouraging congregating of persons close to the premises.

   

  3.              Challenging poor conduct and behaviour.

   

  The protection of children from harm

   

  1.              The premises licence holder will ensure that an age verification policy will apply to the premises whereby all cashiers will be trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 25 years (or older if the licence holder so elects) to produce, before being sold alcohol, identification being a passport or photo card driving licence bearing a holographic mark or other form of identification bearing the customer's photograph, date of birth and the Proof of Age Standards Scheme (or similarly accredited scheme) hologram.

   

  2.              All spirits shall be located behind the counter and shall be sold by counter service only.

   

  3.              Alcohol displays within the premises shall be located so that staff can view these displays at all times.

   

  4.              There shall be no alcohol displays within 2 metres of the store entrance.

   

  5.              There will be no sales or supply of beers, ales, lager, bitter or cider with an ABV of more than 6%.

   

  6.              No single cans of alcohol shall be sold from the premises.

   

  7.              The Premises Licence Holder or Designated Premises Supervisor shall ensure that a Refusals Register is maintained to include details of all alcohol sales that are refused and the reason for refusal. The register shall be retained for a period of 12 months and will be made available to the Police Licensing Officer, and other authorised enforcement officers or Responsible Authorities on request.

   

  8.              Challenge 25 Posters shall be displayed in prominent positions within the premises and adjacent to the service hatch.

   

  9.              An Incident Book shall be maintained to record details of the dates, times and details of any incidents occurring on the premises. This Incident Book shall be retained for a period of 12 months and will be made available for inspection at any reasonable time by the Police Licensing Officer, and other authorised enforcement officers or Responsible Authorities on request.

   

  10.              The Premises Licence Holder or Designated Premises Supervisor shall ensure that all members of staff employed in the sale of alcohol shall receive appropriate training, and regular refreshment training, with regards to the Challenge 25 Policy, the identification of persons who are drunk and refusing service. A record of such training will be maintained and kept on the premises for a period of 12 months and shall be available for inspection at any reasonable time by the Police Licensing Officer, and other authorised enforcement officers or Responsible Authorities on request.

   

  11.              No persons other than management, their staff, site service providers and members of emergency services shall be allowed access to the premises other than the forecourt between 00:00 and 06:00 daily.

   

  12.              The premises CCTV system will incorporate a camera covering the premises frontage and the serving hatch at the front of the premises.

   

•  

  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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