Hennessey Cocktail Lounge

2 King Street, Brixham, Devon, TQ5 9TF

Refused application 060390 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol
• any playing of recorded music

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

   

  The prevention of crime and disorder

   

  1.              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.

   

  2.              CCTV must be installed on the premises to include a recording monitor behind the servery. Such CCTV system must be maintained and used throughout the licensing hours. Recordings will be kept for a minimum of 28 days during which time they will be available to the Police at any reasonable time.

   

  3.              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.

   

  4.              On any Friday and Saturday night that the premises remains open for the sale of alcohol and then closes after 00:30hrs, SIA door supervisors shall be employed on the premises from 22:00hrs until close at a ratio of 1 supervisor per 100 customers (this condition shall also apply on Christmas Eve and New Year's Eve when they do not fall on a Friday or 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.

   

  5.              Mr Ross Hennessey, the previous Premises Licence Holder and Designated Premises Supervisor, be prohibited from entering the premises during operational hours.

   

  6.              Mr Ross Hennessey, the previous Premises Licence Holder and Designated Premises Supervisor, shall not be involved in or influence the operation of these premises.

   

  7.              The premises shall install, operate, and maintain comprehensive digital colour CCTV.

   

  8.              All public areas of the licensed premises including entry and exit points will be covered by CCTV, including any outside areas under the control of the premises licence holder.

   

  9.              The CCTV system must record clear images permitting the identification of individuals, enable facial recognition images (a clear head and shoulder image) of every person entering and leaving, in any light condition.

   

  10.              The CCTV system will continually record whilst the premises are open for licensable activities, at all times when customers remain on the premises and for 30 minutes after closing.

   

  11.              All CCTV equipment must have a constant and accurate time and date generation.

   

  12.              All CCTV recordings will be stored for a minimum period of 28 days with date and time stamping.

   

  13.              Viewable copies of CCTV recordings will be provided on request to the Police or Local Authority Officers as soon as is reasonably practicable and in accordance with the Data Protection Act 2018 (or any replacement legislation).

   

  14.              A staff member who is conversant with the operation of the CCTV system, shall be on the premises at all times when the premises are open; and this staff member must be able to provide an authorised officer of a responsible authority, copies of recent CCTV images or data with absolute minimum delay when requested, in accordance with the Data Protection Act 2018 (or any replacement legislation).

   

  15.              The CCTV system will be capable of downloading images to a recognisable viewable format.

   

  16.              Security measures shall be in place to ensure the integrity of the CCTV system, to prevent the tampering with or deletion of images.

   

  17.              Any identified defect in the CCTV system shall be logged at the premises and remedied as soon as reasonably practical.

   

  18.              The Police Licensing Officer or Police Licensing Team shall be notified by email of all defects in the CCTV system, the action required to rectify the situation and the time frame for such action, within 24 hours of the defect being identified.

   

  19.              After the premises close, staff and door stewards shall ensure that customers leave the area in a quiet and orderly manner.

   

  20.              All staff shall receive training regarding their responsibilities under the Licensing Act at the commencement of employment, with refresher training being provided at least once a year.

   

  21.              Records of all training shall be maintained and kept at the premises for a minimum period of 12 months.

   

  22.              Training records shall be made available to the Police or Local Authority Licensing Officers for inspection on demand.

   

  23.              Challenge 25 posters shall be prominently displayed within the premises.

   

  24.              Litter left outside the premises by customers, such as cigarette ends, shall be cleared by staff on a regular basis, at least once daily.

   

  25.              Recorded music shall be permitted inside the premises only.

   

  Public safety

   

  1.              Adequate emergency and fire exit lighting will be installed to British standard specification.

   

  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 neigbourhood to be unreasonably disturbed. In general terms, noise from the premises shall not be audible within any noise sensitive premises (eg dwelling) with windows open for normal ventilation especially after 23:00hrs. 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 23:00hrs - noise emanating from the premises will not be clearly distinguished above other noise.

                ii) after 23:00hrs - 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 others (ie semis 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 shall be 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.              Recorded music shall be permitted inside the premises only.

   

  12.              The supply of alcohol shall be permitted until midnight on Sunday; supply of alcohol shall be permitted from 10.00am to midnight 7 days a week.

   

  13.              After 10.00pm the designated smoking area shall permit no more than 8 patrons at any one time.

   

  14.              After 10.00pm the designated smoking area shall be monitored at all times by either an SIA door steward or a member of staff to ensure that patrons using the area do not cause a nuisance to nearby residents.

   

  15.              A noise limiter shall be installed and used at the premises, with set levels agreed by Torbay Council's Public Protection Officer.

   

  16.              The Premises Licence Holder shall maintain a written noise management plan which must include procedures for but not limited to: -

   

                a. Noise Management Policy

                b. Arrangements and procedures to ensure the noise limited is used and maintain.

                c. List of PA equipment used.

                d. Records of complaints from residents or business.

                e. Relevant staff/SIA noise monitoring log sheets.

                f. Procedures for ensuring windows and doors are closed during regulated entertainment.

                g. Employee/SIA staff training records and procedures in relation to noise management.

                h. Procedures for monitoring and controlling noise from customers using the outside designated smoking area.

                i. Dispersal policy.

   

  17.              A noise limiter shall be installed and used at the premises, with set levels agreed by Torbay Council's Licensing Team.

   

  18.              The noise limiter shall be made tamper proof and any adjustments to sound levels, shall only be made in consultation with the Responsible Authority for public nuisance.

   

  19.              There shall be no alterations or modifications to the existing PA system.

   

  20.              Any structural changes to the premises must not take place without written approval from Torbay Council's Licensing Team.

   

  21.              The written Noise Management Plan must contain procedures to ensure the lobby is used effectively, to reduce noise outbreak emanating from the premises.

   

  22.              Windows shall be kept closed during regulated entertainment.

   

  23.              When off-sales are purchased from the premises, staff shall advise customers that the alcohol should not be consumed within the Public Space Protection Order area and refer them to the Public Space Protection Order map.

   

  24.              A map of the Public Space Protection Order area shall be displayed in a prominent position close to the point of sale and the premises exits.

   

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

   

  26.              The placing of refuse such as bottles into receptacles outside the premises, must not take place before 8pm Mon-Sat and 9pm Sun and not later 10pm on any day.

   

  27.              Patrons shall be asked not to stand around talking in the street outside the premises and shall be asked to leave the vicinity quickly and quietly.

   

  28.              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.

   

  29.              The Premises Licence Holder shall ensure that staff leaving the premises after the premises has closed, will conduct themselves in a manner as not to disturb nearby residents.

   

  The protection of children from harm

   

  1.              The premises shall adopt a Challenge 25 policy whereby any person who looks 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 18s will be permitted on the premises after 22:00hrs.

   

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