Torbay CouncilLicensing & Public Protection

Savers

83-85 Union Street, Torquay, Devon, TQ1 3DG

Completed application 066028 which is a Internal Amendment/Variation for Premises Licence from 19/02/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

• ANNEX 1

   

  MANDATORY CONDITIONS: WHERE LICENCE AUTHORISES THE SALE OF ALCOHOL

   

  No supply of alcohol may be made under this Premises Licence when there is no Designated Premises Supervisor in respect of the Premises Licence.

   

  No supply of alcohol may be made when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.

   

  Every supply of alcohol under this Premises Licence must be made or authorised by a Personal Licence holder.

   

  (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.

   

  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.  For the purposes of this condition -

   

  (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 a premises licence -

   

                (i)   the holder of the premises licence,

                (ii)  the designated premises supervisor (if any)

                (iii) the personal licence holder who makes or authorises a supply of alcohol;

   

  (d) “relevant person” means, in relation to 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 this 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 (b) below 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.              The company will maintain comprehensive regulatory compliance procedures and all aspects of the licensing objectives are covered by these procedures.

   

  The prevention of crime and disorder

   

  1.              A CCTV system will be installed that is capable of continuously recording for a period of not less than 31 days, and is maintained in good working order meeting the Home Office Guidelines.

   

  2.              Recordings will be made of all trading periods.

   

  3.              The correct date and time will be generated onto both the recording and the real time image screen.

   

  4.              The system shall be able to produce copies of recordings on site.

   

  5.              The system shall be capable of facial image recognition of all persons both entering and exiting the store.

   

  6.              At least one camera from the system in operation will cover the doorway and another covering the till area.

   

  7.              Copies of such recording will be provided on request to an office under the direction and control of the Police or an officer of the Licensing Authority.

   

  8.              The DPS must ensure that there are trained members of staff available during licensable hours to be able to reproduce and download CCTV images into a removable format at the request of an authorised office of the Licensing Authority or Police.

   

  9.              There will be clear signage indicating that CCTV equipment is in use and recording at the premises.

   

  10.              The DPS shall take such steps as are necessary to ensure that the system is operated and maintained in accordance with these conditions.

   

  11.              The following lines of alcohol shall not be sold from the premises: Beer, lager, bitter or cider with an abv of more than 6%.

   

  12.              No single cans of alcohol shall be sold.

   

  13.              The sale of all spirits shall be made by way of counter service only.

   

  14.              The premises shall join, maintain membership and actively participate in the local Storenet/Nitenet Radio Communications System which shall be monitored by staff at all times the premises are open to the public.

   

  15.              Tills shall be adjacent to the off-licence area for greater supervision and a least one of these tills shall be manned at all times that alcohol is available for sale.

   

  16.              The alcohol shall be restricted to the area as shown on the plan submitted with the application. There will be no alteration to the area used for display of alcohol without prior consultation with the police and with the licensing authority's officers.

   

  17.              Signage shall be prominently displayed to confirm that:

                a) No alcohol shall be sold or supplied to any persons who are intoxicated.

                b) No alcohol shall be sold or supplied to persons who are under 18 and proof of age must be provided if requested.

   

  18.              Further signage will be provided confirming the offences in relation to the purchase of alcohol for or on behalf of children and by children under the Licensing Act 2003.

   

  19.              There shall be on the premises at all times that alcohol is being sold, a senior member of being either the manager, assistant manager or other senior member of staff.

   

  20.              No fewer that two members of staff shall be on the premises when alcohol is for sale. If there are occasions when there are less than the above numbers, alcohol shall not be sold to the public.

   

  21.              Outside the hours for the sale of alcohol, or in the event of insufficient members of staff on the premises, all alcohol shall be covered from the view of customers.

   

  Public safety

   

  1.              Fire safety measures and procedures must be in operation at the store in accordance with Fire Safety Regulations.

   

  2.              Provision shall be made for the disabled to ensure safe evacuation in the event of fire or other emergency and general access to the store.

   

  The prevention of public nuisance

   

  1.              All planning requirements shall be met and procedures established to prevent noise nuisance from deliveries.

   

  2.              Measures shall be in place to ensure the proper disposal of all waste.

   

  The protection of children from harm

   

  1.              A written log shall be kept of all refusals including refusals to sell alcohol. The holder of the Premises Licence shall ensure that the refusal log is properly maintained and this shall involve, but is not limited to, nominating in writing a responsible person to check and sign it on a weekly basis.

   

  2.              The holder of the Premises Licence shall ensure that every individual who appears to be under 25 years of age seeking to purchase or be supplied with alcohol at or from the premises shall produce means of identification - passport, photo driving licence or PASS accredited photo ID- proving that the individual to be 18 years of age or older. If the person seeking alcohol is unable to produce acceptable means of identification, no sale or supply of alcohol will be made to or for that person.

   

  3.              All staff shall be trained to challenge every individual who appears to be under 25 years of age and to refuse service where individuals cannot produce acceptable means of identification. Such training will be provided not less than every six months, and records will be kept of all training and refresher training.

   

  4.              'Challenge 25' posters shall be displayed in prominent positions at 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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