Elton's Bar

Unit 4 at Harbourside, Torwood Street, Torquay, Devon, TQ1 1EB

Completed application 067829 which is a Internal Amendment/Variation for Premises Licence from 21/06/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• 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.

   

  MANDATORY CONDITION: DOOR SUPERVISION

   

  1)              Where one or more individuals are carrying out security activities, each individual must be licensed by the Security Industry Authority.

   

  2)              But nothing in the aforementioned conditions requires such a condition to be imposed in respect of a) and b) and (b)(i) and (b)(ii)

   

                a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), are exempt.

   

                b) In respect of premises in relation to:

   

                i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

                ii)any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

   

  3)              For the purposes of the aforementioned conditions:

   

                a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and

   

                b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

   

   

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

  1.              Any misuse of the premises must be quickly and ably dealt with by the Premises Supervisor.

   

  2.              Children must be supervised by duly qualified responsible adults at all times on the premises.

   

  3.              All staff will receive training on the licence.

   

  4.              A Personal Licence holder on the premises at all times.

   

  5.              A sufficient number of staff on the premises to cover longer hours & busy times when entertainment is provided.

   

  6.              The Premises Supervisor shall be committed to providing a safe, friendly and comfortable environment for patrons, guests, visitors and local residents.

   

  The prevention of crime and disorder

   

  1.              On any Friday and Saturday nights that the premises remain open for the sale of alcohol after midnight and then closes after 0030 hrs, SIA door stewards shall be employed on the premises from 2200 hrs until they close at a ratio of 2 door stewards for the first 100 customers, and thereafter an additional steward for each 100 customers. This condition shall also apply on Christmas Eve, Boxing Day and New Year’s Eve when they do not fall on a Friday and Saturday. On all other occasions, the premises licence holder shall risk assess the requirements for door stewards and employ such door stewards, if at all, in such numbers and at such times determined by that risk assessment.

   

  2.              On every operational day that SIA door supervisors are required, then those stewards who are employed for front of house duties must wear yellow high visibility jackets for the entirety of their duty.

   

  3.              The premises shall join the Nitenet Radio System and actively participate in this initiative.

   

  4.              All drinks must be served in toughened or strengthened glasses and no alcohol shall be served in glass bottles from which it intended or likely that a customer shall drink after 2300 hrs.

   

  5.              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.

   

  6.              Any persons employed at the premises in the sale and supply of alcohol shall attend and successfully complete the BIIAB Level 1 Award in Responsible Alcohol Retailing within 2 months of commencing employment.

   

  Public safety

   

  1.              Annual gas safety check.

   

  2.              Ring main electrical check (once every 5 years).

   

  3.              PAT testing (portable electrical appliance testing).

   

  4.              Up to date health & safety policy & risk assessments.

   

  5.              Employers & public liability insurance in place.

   

  6.              Sufficient lighting internally & externally.

   

  7.              Regular fire checks & servicing of fire detection & extinguishing equipment.

   

  8.              Emergency procedures in place.

   

  9.              Good housekeeping procedures in place.

   

  The prevention of public nuisance

   

  1.              Noise or vibration must not emanate from the premises such as to cause persons in the neighborhood to be unreasonably disturbed. In general terms, noise from the premises shall not be audible within any noise sensitive premises (e.g. dwelling) with windows open for normal ventilation especially after 11:00pm. This will be assessed from the boundary to the nearest residential properties, on all sides of the licensed premises. The criteria that will be applied are:-

   

                i) Before 11:00pm - noise emanating from the premises will not be clearly distinguished above other noise.

   

                ii) After 11:00pm - noise emanating from the premises will not be distinguishable above background levels of noise.

   

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

   

  2.              The placing of refuse, such as bottles into receptacles outside the premises must take place at times that will prevent disturbance to nearby properties.

   

  3.              The volume of amplified sound used in connection with the entertainment provided must 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.

   

  4.              Deliveries of kegs, bottles, food and other materials necessary for the operation of the business must be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.

   

  5.              Doors and windows must be kept shut during entertainment, to reduce noise breakout. A management scheme shall be in place to ensure this situation remains.

   

  6.              Provision of mechanical ventilation and air conditioning system shall not allow noise breakout from the premises or cause a nuisance by its operation.

   

  7.              Regular maintenance shall be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.

   

  8.              Cooking, noxious or persistent smells from the premises shall not cause a nuisance to nearby properties and the premises must be properly vented.

   

  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 with the Torbay Council's Licensing Statement of Principles.

   

  2.              No persons under the age of 18 shall be on the premises after 21:00 hours except when consuming a meal with an appropriate adult or attending a function, in which case they shall leave the premises by no later than 22:00 hours.

   

•  

  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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