Palm Coco

30 Torwood Street, Torquay, Devon, TQ1 1EB

Completed application 068164 which is a Change of Name/Address of Holder for Premises Licence from 19/07/2024 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

   

  General

   

  1.              A bound incident log shall be kept at the premises, and made available on request to an authorised officer of the council or the police, which will record the following:

                a. all crimes reported to the venue.

                b. all ejections of patrons

                c. any complaints received concerning crime and disorder.

                d. any incidents of disorder

                e. any faults in the CCTV system

                f. any visit by a relevant authority or emergency service.

   

  2.              The premises licence holder or nominated representative shall keep and maintain all right to work documents for all staff members. Right to work documents shall be kept at the premises and produced to an authorised officer of the council or the police upon request. Right to work documents must be retained at the premises for a minimum of 12 months after employment has ceased.

   

  3.              There shall be at least 1 personal licence holder on duty at all times the premises is operating with licensable activities.

   

  4.              Any detail shown on the plan that is not required by the licensing plans regulations is indicative only and subject to change at any time.

   

  5.              The premises shall operate as a restaurant style premises with a substantial food offering and will be laid out to tables and chairs.

   

  The prevention of crime and disorder

   

  1.              CCTV shall be installed, operated and maintained at all times that the premises is open for licensable activities, so as to comply with the following criteria;

                • The licensee will ensure that the system is checked every two weeks to ensure that the system is working properly and that the date and time are correct. A record of these checks, showing the date and time of the person checking, shall be kept and made available to police or authorised council officers on request.

                • The police must be informed if the system will not be operating for longer than one day of business for any reason.

                • One camera will show a close-up of the entrance to the premises, to capture a clear, full length image of anyone entering.

                • The system will provide coverage of any exterior part of the premises accessible to the public.

                • The system shall record in real time and recordings will be date and time stamped.

                • Recordings will be kept for a minimum of 31 days and downloaded footage will be provided free of charge to police or authorised council officers on request, (subject to the Data Protection Act 1998) within 24 hours of any request, and

                • At all times the premises are open for licensable activity, there will be a person on the premises who can operate the system sufficiently to allow police or authorised council officers to view footage on request.

   

  2.              Signage stating that CCTV is in operation at the premises will be clearly displayed at the premises.

   

  3.              The use of CCTV at the premises will be registered with the Information Commissioners officer (ICO).

   

  4.              The capacity of the premises shall not exceed 30 persons (not including staff).

   

  5.              The service of alcohol for on sale will be by table service only to persons seated, and there shall be no vertical drinking.

   

  6.              Substantial food and non-intoxicating beverages, including drinking water, shall be available at all times the premises is open for licensable activity.

   

  7.              The premises licence holder shall display crime prevention posters/material as provided by the police, aimed at preventing the theft or loss of personal possessions. These posters/materials will be affixed/displayed in a prominent position to be agreed between the licence holder and a member of the police licensing team within the premises.

   

  Public safety

   

  1.              An adequate and appropriate supply of first aid equipment and materials must be available on the premises at all times.

   

  2.              A fire safety risk assessment will be completed as per government guidelines on an annual basis (Regulatory Reform (Fire Safety) Order 2005) And produced to authorised officers of the council, Police or the Fire Service upon request.

   

  3.              All exit routes and public areas shall be kept unobstructed, shall have non-slippery and even surfaces, shall be free of trip hazards and shall be clearly signed.

   

  The prevention of public nuisance

   

  1.              The volume levels of recorded music played will not exceed that of background levels.

   

  2.              The Licensee shall ensure that all staff are fully trained and made aware of the legal requirement of businesses to comply with their responsibility as regards the disposal of waste produced from the business premises. The procedure for handling and preparing for disposal of the waste shall be in writing and displayed in a prominent place where it can be referred to at all times by staff.

   

  3.              The licensee will ensure that there is an adequate number of receptacles for waste within the premises for the public to use.

   

  4.              The Licensee shall provide a safe receptacle for cigarette ends to be placed outside for the use of customers, such receptacle being carefully placed so as not to cause an obstruction or trip.

   

  5.              No noise generate on the premises, or by its associated plant or equipment, shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

   

  6.              No fumes, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises is situated.

   

  7.              During the hours of operation of the premises, the licence holder shall ensure sufficient measures are in place to remove and prevent litter or waste arising or accumulating from customers in the area immediately outside the premises, and that this area be swept and or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangement by close of business.

   

  8.              No collections of waste or recycling materials (including bottles) from the premises shall take place between 20:00 and 08:00 hours the following day.

   

  9.              No waste or recyclable materials, including bottles, shall be moved, removed or placed in outside areas between 21:30 and 08:00 hours on the following day.

   

  10.              Notices shall be prominently displayed at all exits requesting patrons leaving the premises to do so quietly respecting the needs of local residents and businesses.

   

  11.              Notices shall be prominently displayed at any area used for smoking requesting patrons to respect the needs of local businesses and residents.

   

  12.              The premises licence holder shall ensure that any patrons smoking outside the premises do so in an orderly manner and are supervised by staff so as to ensure there is no public nuisance or obstruction of the public highway.

   

  The protection of children from harm

   

  1.              The premises shall at all times operate a Challenge 25 policy to prevent any customers who attempt to purchase alcohol and who appear to the staff member to be under the age of 25 years without having first provided identification. Only a valid British driver’s licence showing a photograph of the person, a valid passport or proof of age card showing the ‘Pass’ hologram are to be accepted as identification. Military ID Cards can also be accepted.

   

  2.              All staff members engaged, or to be engaged, in selling alcohol on the premises shall receive full training pertinent to the Licensing Act, specifically in regard to age-restricted sales, and the refusal of sales to persons believed to be under the influence of alcohol or drugs.

   

  3.              All such training is to be fully documented and signed by not only the employee but the person delivering the training. Training records shall be kept at the premises and made available upon request to either an authorised officer of the council or the police on request/ Staff employed to sell alcohol and assist a licensable activity shall undergo training upon induction. This shall include, but not be limited to;

                • The premises age verification policy

                • Dealing with refusal of sales.

                • Proxy purchasing

                • Identifying attempts by intoxicated persons to purchase alcohol

                • Identifying signs of intoxication

   

  4.              Such training sessions are to be documented and refreshed every twelve months. All training sessions are to be documented in English. Records of training shall be kept for a minimum of one year and be made available to an authorised officer of the council or the police upon request.

   

•  

  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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