TQ Beerworks Taphouse

1a Abbey Crescent, Torquay, Devon, TQ2 5HB

Completed application 060371 which is a Variation Application for Premises Licence from 24/01/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• any playing of recorded music
• 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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

  1)              Either myself or fellow partners will be present during the hours of our licence, we will promote and create a sensible, safe and mature space.

   

  2)              We will always challenge the 25 rule and will in no way serve anyone who is intoxicated or does not abide to the safe atmosphere in which we are promoting.

   

  3)              We will ensure that all first aid, fire prevention and all other H&S is in place and reviewed.

   

  4)              We will ensure all on site consumption ends in sufficient time for customers to leave quietly and respectably and put up signage to back this.

   

  5)              CCTV has already been installed on site with 16 cameras to record every inch of the property, inside and out.

   

  The Prevention of Crime and Disorder

   

  1)              CCTV must be installed on the premises to include a recording monitor behind the servery. Such CCTV system must be maintained and used throughout licensing hours. Recordings will be kept for a minimum of 14 days during which time they will be available to the Police at any reasonable time.

   

  2)              On every operational day when door supervision is required, SIA door supervisors will be employed in front of house duties, they will wear yellow high visibility reflective clothing for the entirety of their duty.

   

  3)              On any Friday and Saturday night that the premises remains open for the sale of alcohol and then closes after 0030hrs, SIA door supervisors shall be employed on the premises from 2200hrs until close at a ratio of 1 supervisor per 100 customers. (This condition shall also apply on Christmas Eve and New Years Eve when they do not fall on a Friday or a Saturday). On all other occasions the Premises Licence Holder shall risk assess the requirements for door supervisors and employ such door supervisors, if at all, in such numbers and at such times determined by that risk assessment.

   

  4)              The premises will join the Night Net Radio System.

   

  5)              All drinks will be served in shatterproof glasses and no alcohol shall be served in glass bottles from which it is intended or likely that a person shall drink after 23:00hrs.

   

  6)              All staff shall receive training in relation to their responsibilities under the Licensing Act 2003, by members of staff who possess personal licenses to serve alcohol. No member of staff shall serve/sell alcohol until they have completed this training.  We intend to ensure all members of staff have a personal license within the next 6 months.

   

  7)              The Premises Licence Holder/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 representative of a responsible authority on demand, and such records shall be kept on the premises for a minimum of 12 months.

   

  8)              The Premises Licence Holder/DPS shall ensure that a Refusals Book is kept on the premises and that details of all refusals are recorded therein on a daily basis. This record shall include the time and date of refusal, the item refused, the name and address of customers (if given), a description of the customer and details of any ID provided. The Refusals Book shall be made available for inspection by a representative of a responsible authority on demand, and such records shall be kept on the premises for a minimum of 12 months.

   

  9)              The licensee shall be responsible for checking the occupancy and not exceeding the maximum occupancy.

   

  10)              Regular glass collection shall be undertaken throughout the premises.

   

  11)              The Premises Licence holder or 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 that risk assessment.

   

  Public Safety

   

  1)              Adequate emergency and fire exit lighting will be installed to British Standard Specification.

   

  2)              No curtains shall be used on the premises.

   

  3)              The premises must be well ventilated.

   

  4)              We will ensure that a H&S & fire risk assessment is carried out and regularly reviewed. 

   

  The Prevention of Public Nuisance

   

  1)              The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the management.

   

  2)              Noise or vibration must not emanate from the premises such as to cause persons in the neighbourhood 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.

   

  3)              Prominent, clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

   

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

   

  5)              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.

   

  6)              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.

   

  7)              Patrons shall be asked not to stand around talking in the street outside the premises or any car park and asked to leave the vicinity quickly and quietly.

   

  8)              Staff shall check prior to entertainment and periodically during the entertainment, that all windows and doors are shut.

   

  9)              A senior member of staff (manager) shall assess the impact of any noise activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment to ensure levels of noise have not increased.

   

  10)              On calling last orders and at the end of Regulated Entertainment, an announcement shall be made requesting patrons to leave the area as quickly and quietly as possible.

   

  11)              We will respect our neighbours and well being of the area.

   

  12)              We will ensure last orders are called in adequate time before closure so people have time to use the toilet before leaving.

   

  13)              We will ensure that the premises is vacated quietly and respectfully.

   

  14)              Bottles shall not be emptied into the bins outside the premises after 11pm.

   

  15)              CCTV must be on exits and monitor that patrons don’t congregate in the area and cause annoyance.

   

  16)              The premises shall remain open at least half an hour after alcohol is served during which time patrons shall be dispersed gradually.

   

  The Protection of Children from Harm

   

  1)              The premises shall operate a Challenge 25 Policy whereby any individual who appears to be under the age of 25 shall be required to produce an approved form of photographic identification as outlined within the Torbay Council Licensing Statement of Principles.

   

  2)              No under 18's will be permitted on the premises after 2200hrs.

   

  3)              All staff shall be trained regarding the Challenge 25 Policy, including acceptable forms of ID.

   

  4)              Staff must be suitably trained to prevent the sale of alcohol to under 18’s.

   

•  

  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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• - Page 2 of 2