Torquay Thai Restaurant

171 St Marychurch Road, Torquay, Devon, TQ1 3HP

Completed application 060523 which is a New Application for Premises Licence from 31/03/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• 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
• 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.

   

  MANDATORY CONDITION:  EXHIBITION OF FILMS

   

  1)       Where the film classification body is specified in the licence, admission of children must be restricted in accordance with any recommendation made by that body.

   

  2)       Where -

   

  ()        the film classification body is not specified in the licence, or
   

  ()        the relevant licensing authority has notified the holder of the licence that this condition applies to the film in question,
   

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  In the case of the aforementioned conditions

                “children” means persons aged under 18; and

                “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (authority to determine suitability of video works for classification).

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

  1.              Designated Premises Supervisor nominated.

   

  2.              All staff to be fully trained, this will include the individual’s responsibilities, age verification and licensing offences, as appropriate, prior to being authorised to serve alcohol.

   

  3.              The restaurant will adopt Challenge 25.

   

  4.              Details of training will be recorded in a personnel file or log book and will be refreshed at regular intervals. Staff training to be ongoing in line with legislation.

   

  The prevention of crime and disorder

   

  1.              Sale of alcohol restricted to consumption on premises only. There to be no consumption allowed outside the restaurant.

   

  2.              Signage will be displayed at the exit to the premises that advises customers that they must not take open alcoholic beverages from the premises.

   

  3.              There to be no off-sales.

   

  4.              Challenge 25 to be adopted, all staff to be trained prior to being authorised to serve alcohol.

   

  5.              Taxi booking service will be provided.

   

  6.              An incident book will be maintained in a non-loose leaf format to record details of any incidents in the premises that relate to the licensing objectives, in particular any refusals of sales of alcohol.

   

  Public safety

   

  1.              All safety matters at the premises are adequately covered by statutory provisions such as The Health and Safety at Work (etc) Act 1974.

   

  2.              Annual gas safety check for all gas appliances.

   

  3.              Electrical ring main and associated electrical rings to be checked once every 5 years.

   

  4.              Up to date health & safety policy & risk assessments completed; employers & public liability insurance in place; sufficient internal lighting; regular fire checks & servicing of fire detection & extinguishing equipment; emergency procedures in place; designated non-smoking establishment; good housekeeping procedures in place.

   

  The prevention of public nuisance

   

  1.              Noise: Doors and windows to be kept closed during performances of music - recorded or live, films and any other noise pollution.

   

  2.              There will be signage in place asking people to leave quietly.

   

  3.              There will be regular sound checks inside & outside of the premises.

   

  The protection of children from harm

   

  1.              Challenge 25 scheme will be adopted in compliance with the age verification condition: Customers who appear be under 25 years of age will be required to prove their age when purchasing alcohol. Suitable forms of identification will be a passport, ‘Pass’ card or other identification recognized by the licensing authority in its statement of licensing policy.

   

  2.              Any Children must remain seated at a table in the company of the adult responsible for their welfare.

   

  3.              We will attempt to restrict Children from entering the premises after 21.00.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  The prevention of public nuisance

   

  1.              All licensable activities shall only take place between 8 am and 11 pm, 7 days a week.

   

  2.              The premises shall close at 11.30 pm, 7 days a week.

   

  3.              Alcohol shall only be served to persons seated and taking a table meal.

   

  4.              At the close of the operational hours, staff will survey the immediate surrounding area and ensure that any litter attributed to this premises is removed and appropriately disposed of.

   

  5.              After 9 pm and during operational hours, no more than 5 patrons shall be permitted to congregate outside the front of the premises for the purpose of smoking and the area shall be monitored by staff to ensure that noise nuisance is not caused by patrons so as to unreasonably disturb nearby residents.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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