The Upside

56 Victoria Street, Paignton, Devon, TQ4 5DS

Completed application 065088 which is a New Application for Premises Licence from 11/10/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.              There will be regular staff training for licencing requirements or any other company procedure. The licence holder will ensure that the requirements are strictly adhered to through written systems and training and where relevant, the corresponding documentation will be set in place and recorded.

   

  2.              All staff engaged in licensable activity at the premises will receive training and information in relation to the following:

                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.

   

  3.              The DPS and/or the premises licence holder will be responsible for conducting dynamic risk assessments for the requirement of SIA accredited door staff especially during busy periods, public holidays, or any other events such as sporting events or festivals.

   

  The prevention of crime and disorder

   

  1.              A CCTV system shall be installed at all times while the premises is trading and the equipment shall be maintained to the satisfaction of the chief of police. Recorded images will be retained for 30 days and made available to a Police Officer on request.

   

  2.              CCTV shall be placed at the entrance and exit to the premises with a camera capable of capturing clear facial images.

   

  3.              CCTV shall be placed in the till area.

   

  4.              Glasses will be cleared promptly from the public areas when empty or finished.

   

  5.              Service of alcohol will be from the counter or waitress service only.

   

  6.              The premises will have a refusal log in place.

   

  7.              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. Any complaints received

                iv. Any faults in the CCTV system              

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

   

  8.              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.

   

  9.              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.

   

  10.              A written drugs policy shall be in place and operated at the premises. It must detail the actions taken to minimise the opportunity to use or supply illegal substances within the premises. The policy must be made available for inspection and copying upon request by an authorised officer of a responsible authority.

   

  Public safety

   

  1.              There shall be an accident book completed and kept on the premises.

   

  2.              The licence holder will ensure that there are no obstacles at any point blocking emergency exits.

   

  3.              The licence holder will ensure that gas/electrical testing will be compliant with regulations.

   

  4.              The licence holder will ensure that a fire safety check has been completed.

   

  5.              There will be health and safety assessments in place.

   

  6.              Phone number for taxis will be made available for customers.

   

  7.              Appropriate signs indicating fire exits will be clearly visible (in conjunction with the fire risk assessment).

   

  The prevention of public nuisance

   

  1.              Clear and legible notices shall be prominently displayed at all edits requesting that members, guests and the public vacate the premises and surrounding area quietly at night time being respectful of local residents.

   

  2.              Cooking, noxious or persistent smells from the premises will not cause nuisance to nearby properties.

   

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

   

  4.              The movement of bins and rubbish outside the premises will be kept to a minimum after 21.00 hrs.

   

  5.              Delivery of kegs will be through the rear loading entrance.

   

  6.              Noise or vibration shall not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.

   

  7.              the placing of refuse such as bottles into skips outside the premises shall take place at times that will prevent disturbance to nearby properties and the movement of bins and rubbish outside the premises shall be kept to a minimum.

   

  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’s Licensing Statement of Principles.

   

  2.              No persons under the age of 18 years shall be permitted on the premises after 21.00 hrs unless they are consuming a table meal in the company of a responsible adult. An exception to under 18s being permitted on the premises after 21.00hrs shall be to attend a pre-arranged private function in the company of a responsible adult where the premises are closed to the public.

   

  3.              Challenge 25 posters will be displayed.

   

Premises Plans

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