Within Temptation

Lower Union Lane, Torquay, Devon, TQ2 5PR

Completed application 067489 which is a Minor Variation Application for Premises Licence from 24/05/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• provision of late night refreshment

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

   

  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.

   

  Prevention of Crime and Disorder

   

  1.              A CCTV system of an evidential standard must be shall 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 the system shall be kept for a minimum of 14 days and the police to have access to recordings at any reasonable time.

   

  2.              On any Thursday, Friday and Saturday night that the premises shall remain open for the sale of alcohol after midnight and then closes after 0030 hrs, SIA door supervisors shall be employed on the pemises from 2200 hrs until close at a ratio of 2 stewards for the first 100 customers, and 1 steward per 100 customers thereafter. (This condition shall also apply on Christmas Eve and New Years Eve when they do not fall on a Thursday, Friday or Saturday). On New Year’s Eve when they do not fall on a Thursday, Friday or Saturday. On all other occasions, the premises licence holder/DPS shall risk assess the requirement for door supervisors and employ such door supervisors, if at all, in such numbers and at such times determined by risk assessment.

   

  3.              All doors stewards employed on front of house duties shall wear yellow high visibility reflective jackets for the entirety of their duty.

   

  4.              The premises shall join, maintain membership and actively participate in the Nitenet Radio communications Scheme.

   

  5.              All drinks shall be served in toughened, strengthened, polycarbonate or plastic glasses. On any Thursday, Friday or Saturday night when the premises remains open for the sale of alcohol after midnight, no alcohol shall be served in glass bottles from which it is intended or likely that a person shall drink after 2200 hrs. This condition shall also apply on Christmas Eve and new year’s eve.

   

  6.              The Disgnated Premises Supervisor or a member of the premises management shall attend at least two meetings of the Torquay Forum per calendar year, and any other meetings organised by the police in relation to high risk events.

   

  7.              No under 18's shall be permitted on the premises after 2200hrs.

   

  8.              The premises shall operate a Challenge 25 Policy whereby all individuals who appear to be under the age of 25 shall be requested to provide an approved form of photographic identification.

   

  9.              The premises shall have a written drugs policy which shall be enforced by staff at all times. Appropriate signage regarding drug issues will be displayed within the premises.

   

  10.              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 3 months of commencing employment, or for existing staff within 3 months of the licence being granted, unless they possess the BIIAB Level 2 qualification for personal licence holders.

   

  11.              All staff shall regularly receive refresher training on licensing issues, to include the Challenge 25 Policy, drugs and drunkenness. A record of all staff training, including period of 12 months and be available to the police or Local Authority Licensing Officers for inspection on demand.

   

  12.              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 at the premises for a minimum of 12 months.

   

  Public Safety

   

  1.              The premises shall have a first aid box available on the premises at all times.

   

  2.              The premises shall have a glass collection policy

   

  3.              The premises shall follow a strict entrance policy.

   

  4.              The premises shall provide free drinking water at all times.

   

  5.              All fire exits shall be free of clutter at all times.

   

  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. In general terms, noise from the premises should not be audible within any noise sensitive premises (e.g. dwelling) with windows open for normal ventilation especially after 11pm.  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 11pm - Noise emanating from the premises shall not be clearly distinguishable above other noise.

                (ii)              After 11pm - 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.              Prominently clear and legible notices shall be displayed at all exits requesting public respect the need of local residents and to leave the premises and the area quietly.

   

  4.              The placing of refuse such as bottles not between the hours of 8pm-10am.

   

  5.              Doors and windows shall be kept shut during entertainment.

   

  6.              Staff shall check prior to entertainment that windows/doors are shut.

   

  7.              All windows and doors will be closed at 23:00hrs.

   

  8.              Music levels will always be monitored and will be turned down at 23:00hrs.

   

  9.              Restricted use of external areas after 23:00hrs.

   

  10.              Garden will be closed at 20:00hrs

   

  11.              No bins will be emptied late at night.

   

  12.              Music in garden will be turned off by 19:00hrs

   

  13.              Polite notices will be places in all exits asking patrons to leave quietly.

   

  The Protection of Children from Harm

   

  1.              Strict no ID no sale policy will be in place.

   

  2.              Challenge 25 scheme will be in place.

   

  3.              No persons under 18 will be allowed on the premises after 20:00hrs.

   

•  

  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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