Soho

1 Palk Street, Torquay, Devon, TQ2 5EL

Completed application 031976 which is a Change of Premises Name for Premises Licence from 02/05/2013 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

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 shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

   

                                   (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as  defined in section 159 of the Act);

   

                                (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;

   

                      (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on -

   

                                 (i)        the outcome of a race, competition or other event or process, or

   

                                  (ii)               the likelihood of anything occurring or not occurring;

   

                  (e) 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.

   

  4)              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  5)              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6)                             (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

                                     (2) 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 a holographic mark.

   

  7).               The responsible person shall 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

   

                                (ii) still wine in a glass: 125 ml; and

   

              (b) customers are made aware of the availability of these measures.

   

   

  MANDATORY CONDITION: DOOR SUPERVISION

   

  1)       Where one or more individuals are carrying out security activities, each individual must be licensed by the Security Industry Authority.

   

  2)       But nothing in the aforementioned conditions requires such a condition to be imposed in respect of a) and b) and (b)(i) and (b)(ii)

   

  ()        in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), are exempt.
   

  ()        In respect of premises in relation to-

  ()        any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

  ()        any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

   

  3)              For the purposes of the aforementioned conditions:-

   

  ()        “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and
   

  ()         paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

   

   

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

  1.              Alcohol shall be served in pavement permitted area in accordance with Council Agreement.

   

  2.              There must be a notice stating times of normal hours under the Premises Licence and child restrictions.

   

  The Prevention of Crime and Disorder

   

  1.              Full CCTV colour system must be installed with 31 days tape recordings kept, also council CCTV covering both ends of Palk Street.

   

  2.              The premises must be linked to NiteNet.

   

  3.              The premises must have written drugs policy and a safe for drug deposits.  A hardbound drug register shall be kept.

   

  4.              All glasses must be toughened, and no persons shall leave the premises with glasses.

   

  5.              The pavement area shall cease trading at 23.00.  Service in pavement areas shall be by waiter/waitress service to persons sat at tables.

   

  6.              Glasses must be regularly collected.

   

  7.              There shall be a strict admissions policy at any time, including no football shirts, no stag parties and no large groups (over 6).

   

  8.              There must be two Personal Licence holders available, and staff register shall be maintained including SIA door staff.

   

  9.              The premises shall use plastic glasses and bottles only after midnight.

   

  Public Safety

   

  1.              All gas and electrical appliances must be annually tested.

   

  2.              All fire extinguishers must be annually checked and marked as such.

   

  3.              Fire alarm and emergency lighting must be installed and checked monthly.

   

  4.              There must be clear access for emergency vehicles.

   

  5.              There shall be no raised areas, front edges of steps to mezzanine area highlighted with bright aluminium contrasting with dark wood.

   

  6.              There must be a trained first aider on the premises during peak periods and designated First Aid point and 3 First Aid boxes.

   

  7.              There shall be non alcoholic drinks available including water.

   

  8.              Kitchen staff must have hygiene certificates.

   

  9.              There must be no smoke or similar machines on the premises.

   

  10.              There must be regular glass collection.

   

  The Prevention of Public Nuisance

   

  1.              Pavement permission area must be waiter/waitress service only as above.

   

  2.              There shall be no service on pavement area after 23.00 hours (and tables and chairs removed).

   

  3.              There must be no vibrations or similar.

   

  4.              A limiter must be fitted to the sound system which is controlled by management from behind the bar not the music selector.

   

  5.              Bottle clearance must only be during the daytime into lockable bins with daytime deliveries only.

   

  6.              Taxi numbers shall be on display.

   

  7.              No patrons shall be allowed to leave with drinks/glasses.

   

  8.              There must be a notice requesting patrons to leave quietly, and supervised departures at the end of licensable activities.

   

  The Protection of Children from Harm

   

  1.              Children shall only be admitted up to 19.00 hours, and then only when accompanied by a responsible adult.

   

  2.              For young people masquerading as over 18 there shall be a strict age policy, and if in doubt no admission without proof of age, ID to include a photo (passport new style driving licence etc).

   

  3.              Staff must be trained as to potential under age drinkers.

   

  4.              There shall be no AWPs or cigarette machine.

   

   

• Additional Conditions transferred from the Licence

   

  1.              Full CCTV facilities shall be maintained and used throughout the time that the premises are open to the public; such CCTV system shall include full recording facilities and a               monitor and recordings must be kept for a mininum period of 31 days during which time the Police shall have access at any reasonable time.

   

  2.              The consumption of intoxicating liquor shall be confined to the premises and the area adjacent thereto, designated under the terms of the Pavement Cafe Permit issued by the               Local Authority, whilst such authority is for the time being in force, providing that such persons consuming alcohol within the area designated under the Pavement Cafe Permit               shall be sat at tables and shall be supplied by waiter/waitress service and in that area no alcohol shall be served in glass bottles from which it is intended or is likely that a               person shall drink.

   

•  

  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

   

•  

  The Prevention of Crime and Disorder

   

  1.              The existing CCTV system shall include CCTV coverage in the new proposed outside area marked "Proposed enclosed decked area with disabled access" on the plan.

   

  2.              In respect of the new proposed outside area marked "Proposed enclosed decked area with disabled access" on the plan, all persons are to be sat at tables and no drinks shall be served in glass bottles from which it is intended or likely that a person shall drink.

   

  3.              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.

   

  4.              After 11pm, no drinks must be served in glass bottles from which it is intended or likely that a person shall drink.

   

  5.              There shall be no entry or re-entry to premises after 1.00am.

   

  6.              On every operational day when door supervision is required then those SIA door supervisors employed in front of house duties shall wear high visibility reflective jackets for the entirety of their duty.

   

  7.              The premises shall join and maintain membership of the Torquay Night-Time Economy Forum where a premises management representative shall attend at least 2 meetings per calendar year.

   

  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 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 system 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.

   

  5.              All doors and windows shall be closed at 23.00 hrs when potentially impacting upon noise sensitive premises, specifically those opening out onto Cary Parade and Lawrence Place.

   

   

               

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

   

Premises Plans

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