Hennessey Cocktail Lounge

2 King Street, Brixham, Devon, TQ5 9TF

Completed application 065659 which is a Cancellation/Surrender for Premises Licence from 27/10/2022 to 10/01/2024

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

  1.              An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details:

   

                i. Any incidents of disorder or of a violent or anti-social nature

                ii. All crimes reported to the venue, or by the venue to the police

                iii. All ejections of patrons

                iv. Any complaints received

                v. Seizures of drugs or offensive weapons

                vi. Any faults in the CCTV system

                vii. Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.

   

                Records must be completed within 24 hours of any incident, and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident.

   

                The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.

   

  2.              All staff engaged in licensable activity at the premises will receive training and information in relation to the following prior to being authorised to sell/supply alcohol at the premises:

   

                i. The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

                ii. The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

                iii. How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

                iv. Recognising the signs of drunkenness.

                v. The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.

                vi. Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

                vii. Staff shall be fully trained in the requirement of the Licensing Act 2003 including that in relation to persons under 16 and 18.

                viii. Staff shall receive training in the safeguarding of children.

                ix. All staff are trained in the operation of the CCTV.

   

                Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12 month intervals. Training records shall be retained on the premises for a period of 12 months and made available to Responsible Authorities on demand.

   

  3.              The premises shall sign up to a licensing support scheme such as Best Bar None and ensure that they meet the standards required by that scheme at all times.

   

  4.              An alcohol sales refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused. The register will include:

   

                i. the date and time of refusal

                ii. the reason for refusal

                iii. details of the person refusing the sale

                iv. description of the customer

                v. any other relevant observations.

   

                The refusals register will be made available for inspection and copying on the request of an authorised officer of a responsible authority. All entries must be made within 24 hours of the refusal.

   

  5.              All persons within the premises shall be seated at tables (other than when using the toilets/entering/leaving).  All customers shall be served by waiter/waitress service. 

   

  6.              Facilities shall be available for the provision of food items which involves minimal preparation and heating, for example sandwiches/pizza/cake.  Food items shall be available throughout the time the premises are open to the public.

   

  7.              CCTV

               

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

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

                iii. A monitor shall be located behind the bar for viewing by staff.

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

                v. The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

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

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

                viii. Viewable copies of recordings will be provided on request to the Police or local authority officers within 21 days and in accordance with the Data Protection Act 2018 (or any replacement legislation) a staff member from the premises who is conversant with the operation of the CCTV system, shall be on the premises at all times when the premises are open.  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 of delay when requested in accordance with the Data Protection Act 2018 (or any replacement legislation).

                ix. The PLH/DPS shall be responsible for purchasing suitable storage devices and a quantity of these shall be kept on the premises at all times to ensure footage is provided with minimum delay.

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

                xi. There will be security measures in place to ensure the integrity of the system to prevent the tampering with or deletion of images.

                xii. Any identified defect in the CCTV system shall be logged at the premises and remedied as soon as reasonably practical.  The Police Licensing Officer or Police Licensing Team shall be notified by email of all defects, the action required to rectify the situation and the time frame for such action within 24 hours of the defect being identified.

   

  The prevention of crime and disorder

   

  1.              All off sales of alcohol shall be provided in original sealed containers.  Staff shall advise customers that the alcohol should not be consumed within the Public Space Protection Order area (PSPO) and refer them to the PSPO map, which shall be displayed at the point of sale and the premises exit.

   

  2.              When door supervisors are on duty they shall carry out random searches of individuals to promote the premises drugs policy and identify individuals in possession of items that could be used as a weapon, ie knives.

   

  3.              The premises shall have a zero tolerance to controlled drugs and have a written drugs policy outlining what action will be taken in respect of individuals found in possession of drugs. A copy of this policy shall be retained on the premises and shall be made available for inspection by responsible authorities on demand.

   

  Public safety

   

  1.              The Premises Licence Holder shall ensure that at all times there are adequate First Aid arrangements.  The arrangements for First Aid provision include a First Aid Box, an adequate and appropriate supply of First Aid equipment and materials to be used by customers.  Suitable protective equipment shall be provided to deal with hypodermic needles, blood spillages and other body fluids.  Procedures shall be in place to ensure that body fluids are dealt with in a safe manner to avoid the risk of communicable diseases.

   

  2.              Staff will ensure that regular glass collection takes place within the premises.

   

  The prevention of publlic nuisance

   

  1.              On Friday and Saturday evenings, Bank Holiday Sundays, Christmas Eve, Christmas Day, Boxing Day and New Years Eve, SIA door supervisors shall be employed on the premises from 2100 hrs until all customers have left the vicinity of the premises, at a ratio of 2 stewards for the first 100 customers and one additional steward for each 100 persons thereafter.  The Premises Licence Holder shall also carry out a risk assessment taking the layout of the premises and the proposed activity to be carried out into consideration to determine whether any additional stewards are required.

   

  2.              On all other occasions when door stewards are not required as indicated within condition 2 above, the Premises Licence Holder shall carry out a written risk assessment to determine whether SIA door stewards shall be employed at the premises, taking the layout of the proposed activity to be carried out and any previous incidents, complaints or concerns brought to the attention of the Premises Licence Holder into consideration.  All risk assessments shall be kept on the premises for a period of 12 months and produced on demand to Responsible Authorities.

   

  3.              Notices shall be displayed at all exits requesting customers to respect the needs of local residents by ensuring they do not cause noise outside the premises or when leaving.

   

  4.              From 2100 hrs daily staff and/or door stewards shall monitor customers outside smoking or queuing to ensure they do not engage in anti-social behaviour and control noise levels so as not to disturb nearby residents.

   

  5.              On calling last orders an announcement shall be made requesting customers to leave the area as quickly and quietly as possible.

   

  6.              After the premises close, staff and/or door stewards shall ensure that customers leave the area in a quiet and orderly manner, with customers being told not to stand around talking in the street.

   

  7.              The premises shall have a written management policy in respect of managing customers queuing outside the premises.  This policy shall be kept on the premises and produced on demand to responsible authorities.

   

  8.              There is no designated smoking area at the premises, so customers who wish to smoke will have to do so in the road or directly opposite the premises.  After 2100 hrs only 5 customers will be permitted to smoke outside at any time.  Any customers that behave in a noisy or disorderly manager in the smoking area or queue shall be removed from that area and where appropriate asked to leave the premises. Details of this shall be recorded in the incident book.

   

  9.              A noise limiter will be installed and set at an agreed level by the local authority. The limiter will be set with doors and windows open.

   

  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 within the Torbay Council Licensing Statement of Principles.

   

  2.              No persons under the age of 18 years shall be permitted in the premises after 2100 hrs.  Any under 18’s allowed entry to the premises before this time must be accompanied by a responsible adult and shall be required to leave the premises at 2100 hrs.

   

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

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  General

   

  1.              Mr Ross Hennessey shall not be permitted to make any decision in respect of licensable activities at these premises.

   

  2.              All licensable activities shall be under the direction of the Premises Licence Holder and/or Designated Premises Supervisor.

   

  The prevention of public nuisance

   

  1.              After 9 pm, when the SIA Door Steward is required to vacate their position at the premises entrance door, their duties therein at that location, shall immediately be undertaken by a member of staff to ensure that those duties are maintained.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.