New Central Cinema

90-96 Union Street, Torquay, Devon, TQ2 5BY

Completed application 065118 which is a Minor Variation Application for Premises Licence from 03/10/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• 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.

   

  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.              The Cinema is operated using the Torbay Council Licensing Act 2003 Guidelines for the licensing of cinemas in order to ensure public safety. Merlin Cinemas operates 16 other public cinemas and takes seriously the responsibility for maintaining safe and well-run premises.

   

  2.              We have carried out an extensive conversion of the former BHS store to create a cinema complex with an initial total of 4 auditoria for screening films and beamed live event cinema.

   

  3.              We wish to add a Restaurant & Bar Servery/Sales Kiosk,  Alcohol from the Restaurant Bar & Bar Servery will be available to customers to purchase between 10.00 hrs and 01:00 hrs for consumption on the premises. Whilst no alcohol would be sold after 01.00 hrs the premises could remain open for up to 03.00 hrs for patrons to finish their drinks, hot beverages etc. if appropriate. Alcohol will be sold to customers watching films at the Bar or Servery. All drinks being consumed in auditoria 1, 2, 3 & 4  will be served in plastic bottles & plastic glasses (biodegradable products are being sourced, where possible).

   

  4.              Alcohol may be consumed only in the cinema complex (shown edged red on the plan).

   

  5.              Auditorium - Screens Details:

                • Screen 1 auditorium seating 165 in traditional cinema seats

                • Screen 2 auditorium seating 99 in traditional cinema seats

                • Screen 3 auditorium seating 88 in traditional cinema seats

                • Screen 4 auditorium seating 77 in traditional cinema seats

   

  6.              The building is equipped with a fire detection and alarm system. A risk assessment and evacuation procedure will be in place and staff will be trained as to their functions/roles in an emergency

   

  7.              Gangways and exits/means of escape will be kept clear at all times and standing in the auditorium will not be permitted. An adequate emergency lighting system will be installed and operational, along with sufficient firefighting appliances.

   

  8.              All of these fire safety measures will all be maintained in good working order, and their adequacy will be determined on a regular basis, by the carrying out of a fire risk assessment, as required by, and in accordance with the Fire Precautions (Workplace) Regulations. We understand that the safety of occupants is also influenced by numbers of persons present, their disposition and the activities taking place, and therefore undertake to maintain a safe occupancy level.

   

  9.              Cinema customers generally leave reasonably quietly at the end of an evening performance. However, staff will be on hand to remind people to leave quietly when necessary this request may be reinforced by a suitable announcement before the film in the auditorium if deemed necessary by the manager.

   

  10.              Parents accompany the majority of children attending the cinema. Sometimes younger children do attend performances without adults, usually however in groups. The cinema is traditionally a safe environment for children. Staff will always look out for suspicious adults at mainly children’s performances and indeed take special care to overlook the safety of our younger customers.

   

  11.              CCTV is installed in all 4 auditoria (infra-red) and in the main public areas, namely: Restaurant, Foyer; & at entrances. The CCTV is viewed by the duty manager from the Sales Kiosk/Bar Servery & Manager’s Office and is recorded and held for minimum of 21 days. Correct signage is displayed to inform customers that CCTV is in operation.

   

  12.              All staff will be suitably trained for their job function in the operating standards for the premises; and the training will be under constant review. Training will be recorded and documented and available for inspection.

   

  The prevention of crime and disorder

   

  1.              The Premises will have CCTV working and recording at all times in all public areas, namely Restaurant, Foyer, Bar Servery/Sales Kiosk,  all 4 auditoria(infra-red) & at the entrance of the premises. These CCTV recordings will be retained for a minimum of 21 days and available for inspection if requested.

   

  2.              The auditoria will be checked by staff regularly, and any issues will be reported by the staff to the duty manager, so they can act accordingly.

   

  3.              We will operate and adhered to the Challenge 25 Scheme regarding ID being requested for anyone who looks under 25 years old for purchasing or consuming alcoholic drinks, and if the appropriate ID is not provided, alcohol will not be served.

   

  4.              We will obide by the mandatory conditions for Pubs, Clubs & Restaurants regarding Supply of Alcohol, Registered door staff & Irresponsible Promotions, Portable Water, Age Verification, Minimum Measures.

   

  Public safety

   

  1.              No glass will be allowed in any auditorium.

   

  2.              The Premises will have CCTV working and recording at all times in all public areas, namely Restaurant, Foyer, Bar Servery/Sales Kiosk, all 4 auditoria (infra-red) & at the entrance of the premises. These CCTV recordings will be retained for a minimum of 21 days and available for inspection if requested.

   

  3.              Regular checks will be made in the auditoria and other public areas including toilets.

   

  The prevention of public nuisance

   

  1.              Cinema customers generally leave reasonably quietly at the end of an evening performance. However, staff will be on hand to remind people to leave quietly when necessary this request may be reinforced by a suitable announcement before the film in the auditorium if deemed necessary by the manager.

   

  The protection of children from harm

   

  1.              As part of the cinema’s duty of care regular visits are made to the auditorium/screen by management and staff to ensure everything is ok and to help prevent crime and disorder and to protect children from harm.

   

  2.              Merlin Cinemas recognise the need to promote responsible drinking and therefore participates in the Challenge 25 Scheme in our bars & bar serveries & auditoriums. If in doubt, proof of age will be required. In general alcohol consumption on cinema premises has proven to be, but not exclusively, ancillary to the main purpose of seeing a film.

   

  3.              Merlin Cinemas will show films in accordance with the British Board of Film Classification; and will adhere to the certificates issued on the film and ensure that all children who appear to be under the age of the certificate of the film they want to see are challenged, and unless proof of age can be produced, the manager will refuse right of entry.

   

  4.              All staff and managers will be trained in the legality and procedures of alcohol sales. This training with be reviewed periodically and documented in training records and kept at the premises.

   

  5.              Parents accompany the majority of children attending the cinema. Sometimes younger children do attend performances without adults, usually however in groups. The cinema is traditionally a safe environment for children. Staff will always look out for suspicious adults at mainly children’s performances and indeed take special care to overlook the safety of our younger customers.

   

  6.              CCTV is installed in all 4 auditoria (infra-red) and in the main public areas, namely: Restaurant, Foyer & at the entrances. The CCTV is viewed by the duty manager from the Sales Kiosk/Bar Servery & Manager’s Office and is recorded and held for minimum of 21 days. Correct signage is displayed to inform customers that CCTV is in operation.

   

•  

  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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