Banx

6-8 Fleet Street, Torquay, Devon, TQ1 1DB

Completed application 021245 which is a Minor Variation Application for Premises Licence from 29/03/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• any playing of recorded music
• the sale by retail of alcohol
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing

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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

  The Prevention of Crime and Disorder

   

  1.              Non alcoholic beverages shall be available at all times the premises are open.

   

  2.              There shall be no live music, entertainment, dancing or customer controlled music.

   

  3.              There shall be no off sales after 2200.

   

  4.              The premises shall be members of the Torquay Night Net Scheme.

   

   

  Public Safety

   

  1.              Balustrading on the mezzanine level shall be maintained so as to prevent it being possible for any objects to pass through it that could fall below and to maintain rounded rail services.

   

  2.              CCTV shall be operated and available to any officer of the responsible authorities.

   

  3.              There shall be seating for 40 people upstairs and 35 people downstairs whenever alcohol is sold or supplied.

   

  The Prevention of Public Nuisance

   

  1.              There shall be requirements for substantial food, non alcoholic beverages, waiter/waitress service and minimum seating.

   

  2.              The windows must be permanently shut and the doors shall be kept shut.

   

  The Protection of Children From Harm

   

  1.              Children shall not be allowed on the premises unless accompanied by a responsible adult.

   

   

   

   

• Additional Conditions Transferred from the Licence

   

  1.              Non-alcoholic beverages including drinking water should be available throughout licensing hours.

   

  2.              Intoxicating liquor sold or supplied on the premises, should not be consumed otherwise than within the area licensed for consumption of such liquor.

   

  3.               CCTV shall be installed in consultation with the Police Licensing Department such system to cover the public interior areas and the street outside of the premises to include a monitor for use by Bar Staff throughout licensing hours.  The CCTV system shall be maintained and used throughout licensing hours with full recording facilities.

   

  4.              Throughout licensing hours there shall be seating for 40 people upstairs and 35 downstairs.

   

•  

  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:

   

  (a)               during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

   

  (b)               during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
   

  (c)               during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
   

  (d)               consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
   

  (e)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
   

  (f)               the sale of alcohol to a trader or club for the purpose of the trade or club.
   

  (g)               the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
   

  (h)               the taking of alcohol from the premises by a person residing there; or
   

  (i)               the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
   

  (j)               the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of the employer or of the person carrying on or in charge of the business on the premises.

  Credit Sales

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

   

  (a)               with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
   

  (b)               for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
   

  (c)               to a canteen or mess.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

• The Prevention of Crime and Disorder

   

  1.              A CCTV system of an evidential standard must be installed to the satisfaction of the police, and the system to be in operation at all times the premises are open to the public.  All recordings from that system must be kept for a period of 31 days and the police to have access to recordings at any reasonable time.

   

  2.              On every occasion that the premises sells alcohol after midnight and then closes after 12.30am, SIA door staff shall be employed from 9.00pm until closing.

   

  3.              All drinks must be served in toughened or strengthened glasses and no alcohol to be served in glass bottles from which it is intended or likely that a person shall drink after 2300.

   

  4.              Premises shall join and maintain membership of the Nitenet Radio Communications Scheme.

   

  5.              There must be no entry or re-entry to the premises after 12.00 midnight.

   

  Public Safety

   

  1.              If there is a requirement placed upon a Premises Licence for Security Industry Authority (SIA) Trained Stewards, then the ratio of stewards to customers on the premises shall be no less than 1:75.

   

  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 should not be audible within any noise sensitive premises (e.g. dwelling) with windows open for normal ventilation especially after 11pm.  This will be assessed from the boundary to the nearest residential properties, on all sides of the licensed premises.  The criteria that shall be applied are;

                i.              Before 11pm - Noise emanating from the premises shall not be clearly distinguishable above other noise.

                ii.              After 11pm - 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.              The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the Licensee/Management and the controlling mechanism shall be operated from a part of the Premises not accessible to the Public.

   

  3.              To reduce noise break out, doors and windows facing onto any noise sensitive premises (e.g. dwelling) will be kept shut during entertainment.  A management scheme shall be in place to ensure this situation remains.

   

  4.              A senior member of staff (manager) shall assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment to ensure levels of noise have not increased.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.