Indi-Yang

98 Belgrave Road, Torquay, Devon, TQ2 5HZ

Completed application 060754 which is a Change of Supervisor for Premises Licence from 04/03/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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

   

  Conditions transferred from the Restaurant Licence

   

  1         Suitable beverages other than intoxicating liquor shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises.

   

  Conditions transferred from the Supper Hours Certificate

   

  1.              Alcohol may be sold or supplied for one hour following the end of permitted hours and on Christmas day, between 3pm and 7pm to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal.  For other purposes or in other parts of the premises the permitted hours shall continue to apply.

   

  Restrictions transferred from the Restaurant Licence

   

  1.              The restrictions related to the permitted hours do not prohibit during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there when the alcohol was supplied for consumption as ancillary to the meals.

   

  General

   

  1.              As a late night refreshment premises, custom shall not be sought by means of personal solicitation outside or in the vicinity of the premises.

   

  The Prevention of Crime and Disorder

   

  1.              Regular glass and bottle collection shall be undertaken throughout the premises.

   

  2.              Patrons shall not be permitted to leave the premises with any glass or bottles which belong in the premises.

   

  Public Safety

   

  1.              Persons must not be allowed to stand, sit or otherwise remain in any gangway or exit way.

   

  2.              Curtains must not be hung across gangways, exit ways or over staircases.  Where hung over doorways or across corridors, they shall draw easily from the centre and slide freely and shall be clear of the floor.

   

  3.              All doors and fastenings shall at all times be kept in proper working order.  Gangways, exit routes and steps shall be maintained in good order with non-slippery and even surfaces.

   

  4.              All parts of the premises and all fittings and apparatus therein, door fastenings and notices and the seating, lighting, heating, electrical, ventilation, sanitary accommodation, washing facilities and other installations, shall be maintained at all times in good order and in a safe condition.

   

  5.              Where patrons wait in a queue for admission, all reasonable steps shall be taken to ensure that such persons do not obstruct exits, yards, passageways, stairways and ramps leading to the outside of the premises.

   

  6.              The seating must at all times ensure free unobstructed access to all exit doors.

   

  7.              In the event of failure of the general lighting, the public shall be required to leave the premises forthwith.

   

  8.              No explosive or highly inflammable material shall be brought into the premises and no cotton wool or other similar highly inflammable material shall be used for scenery, decoration or costume.

   

  9.              No work in connection with any alterations or repairs in areas occupied by the public or performers shall be carried out whilst the public are on the premises.

   

  10.              No entertainment shall be provided in any part of the premises consisting of or involving:-

                *  Hypnotism (as defined by the Hypnotism Act 1952);

                *  Striptease, lap dancing or any similar performance;

                *  The installation of strobe or laser equipment.;

                *  The use of special effects such as pyrotechnics, or the introduction to any area occupied by the public of naked flame or smoke, vapour, liquid, foam or novelty foodstuff;

                *  The use of any temporary structure or staged area.

   

  11.              Lasers shall not be used on the premises without prior consultation with the Licensing Authority and compliance with HS(G) 95.

   

  The Prevention of Public Nuisance

   

  1.              The air management system within the premises shall be used during entertainment, as there will be insufficient ventilation when all windows and doors are closed to prevent noise breakout.

   

  2.              Provision of mechnical ventilaton and air conditioning system shall not allow noise breakout from the premises or cause a nuisance by its operation.

   

  3.              Regular maintenance shall be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.

   

  4.              The handling of beer kegs, bottles and other similar items shall  not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside buildings.

   

  5.              The delivery of goods shall be restricted to the following times - 12.00 - 17.30.

   

  6.              Bottle skips and bins contaning cans or bottles shall not be emptied outside after closing but shall be dealt with the next day during nornal office hours.

   

  7.              The movement of bins and rubbish outside the premiess shall be kept to a minimum after 23.00 hrs.  This shall help to reduce the levels of noise produced by the premises.

   

  8.              Suitable signage shall be at the exit to request the co-operation of patrons, in particular to make as little noise as possible when leaving the premises.

   

  9.              Patrons shall be asked not to stand around talking in the street outside the premises or any car park, and asked to drive away as quickly as possible and as quietly as possible.

   

  10.              All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting/lockable lid, to prevent litter being blown around.

   

  11.              A specific taxi operator shall be nominated for staff and customers use.  The company's telephone number shall be advertised to customers.  The operator, and all drivers, shall be aware that they should arrive and depart as quicly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessary.  In addition, staff shall be required to leave as quietly as possible, particularly at night and early in the morning.  This shall help prevent disturbance to local residents from comings and goings from the premises.

   

  12.              The handling of bottles and other similar items shall not take place in the late evening, at night, and during the early morning, particularly outside buildings, to limit the likelihood of nuisance.

   

  13.              Facilities for depositing litter and the collection of litter generated by patrons shall be available and maintained.

   

  14.              At close of business, all litter attributable to the premises which is in the vicinity of the premises shall be removed.

   

  The Protection of Children From Harm

   

  1              To prevent the sale of alcohol to persons under the age of 18 years suitable written proof of age must be obtained from young people attempting to purchase alcohol, in accordance with documents specified by Torbay Council's 'Statement of Licensing Policy'.

   

  2.              Bar staff shall be suitably trained to prevent the sale of alcohol to under 18's.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  The Prevention of Public Nuisance

   

  1.              Noise or vibration shall 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 23:00hr. This shall be assessed from the boundary to the nearset residential properties, on all sides of the licensed premises. The criteria that shall be applied are;

   

                (i)              Before 23:00hr- Noise emanating from the premises shall not be clearly distinguishable above other noise.

   

                (ii)              After 23:00hr- Noise emanating from the premises shall not be distinguishable above background levels of noise.

   

                (iii)              The local authority shall reserve the right in cases of tonal noise and where premises are attached to others (i.e. semi’s and terraced properties), to make further assessments from within the residential property.

   

  2.              Cooking, noxious or persistent smells from the premises shall not cause a nuisance to nearby properties and the premises must be properly vented.

   

  3.              Provision of mechanical ventilation and air conditioning system shall not allow noise breakout from the premises or cause a nuisance by its operation.

   

  4.              Regular maintainance shall be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.

   

  5.              Deliveres of kegs, bottles, food or others materials necessary for the operation of the business shall be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.

   

  6.              The handling of beer kegs, bottles and other similar items shall not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside buildings.

   

  7.              Bottle skips and bins containing cans or bottles shall not be emptied outside after closing but shall be dealt with the next day during normal office hours.

   

  8.              The movement of bins and rubbish outside the premises shall be kept to a minimum after 11.00pm.  This shall help to reduce the levels of noise produced by the premises.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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• - Page 2 of 2