Cru Torquay

31 Ilsham Road, Torquay, Devon, TQ1 2JG

Open application 067887 which is a New Application for Premises Licence

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.              The licence holder will ensure that all times when the premises are open for any licensable activity, there will be sufficient competent staff on duty at the premises for the purpose of fulfilling the terms and conditions of the licence and for preventing crime and disorder.

   

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

   

         The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

         The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

         How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

         Recognising the signs of drunkenness.

         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.

         Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

   

                Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12 monthly intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority. Training records will be retained for at least 12 months.

   

  The prevention of crime and disorder

   

  1.              Substantial food in the form of table meals shall be available throughout the time the premises are open to the public.

   

  2.              Alcohol for consumption on the premises will only be consumed by persons who are seated and are served at the table by way of waiter/waitress service.

   

  3.              All alcohol sold by the premises as an off sale, shall be supplied in sealed containers.

   

  4.              No alcohol shall be served in glass bottles from which it is intended or likely that a person shall drink.

   

  5.              CCTV

   

         The premises shall install, operate and maintain comprehensive digital colour CCTV. All public areas of the licensed premises including entry and exit points will be covered, including any outside areas under the control of the premises licence holder.

         The system must record clear images permitting the identification of individuals, and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition.

         The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

         All equipment must have a constant and accurate time and date generation.

         All recordings will be stored for a minimum period of 28 days with date and time stamping.

         Viewable copies of recordings will be provided to the Police, local authority officers or officers of other responsible authorities within 48 hrs of any request.

         The CCTV system will be capable of downloading images to a recognisable viewable format, and the premises shall provide suitable USB/memory sticks for this purpose.

         There will be security measures in place to ensure the integrity of the system to prevent the tampering with or deletion of images.

   

  6.              An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details (select from the following):

   

         Any incidents of disorder or of a violent or anti-social nature.

         All crimes reported to the venue, or by the venue to the police.

         All ejections of patrons.

         Any complaints received.

         Seizures of drugs or offensive weapons.

         Any faults in the CCTV system.

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

   

                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. 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.

   

  7.              An alcohol sales refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused. The register will include:

   

         the date and time of refusal

         the reason for refusal

         details of the person refusing the sale

         description of the customer

         any other relevant observations.

   

                The refusals register will be made available for inspection and copying on request of an authorised officer of a responsible authority. All entries must be made within 24 hours of the refusal.

   

  8.              The premises shall have a zero tolerance to controlled drugs and have a written drugs policy outlining what action will be taken in respect of individuals found in possession of drugs. A copy of this policy shall be retained on the premises and shall be made available for inspection by a police officer, a police licensing officer or officers of the local authority on demand.

   

  9.              All staff shall receive training regarding their responsibilities under the Licensing Act at the commencement of employment, with refresher training being provided at least once a year. Records of all training shall be maintained and kept at the premises for a minimum period of 12 months. These records shall be made available to the police or Local Authority Licensing Officers for inspection on demand.

   

  10.              The premises shall have a maximum capacity of 40 persons.

   

  Public safety

   

  1.              The licence holder and staff authorised by them will check the premises before it opens to the public to ensure there are no risks to patrons and all safety precautions are in place.

   

  2.              The licence holder will ensure that all staff receive appropriate training about emergency and general safety precautions and procedures.

   

  3.              The licence holder will also ensure that all staff are aware of their social and legal obligations and their responsibilities regarding the sale of alcohol.

   

  4.              All bottles and glasses and rubbish will be removed from public areas on a regular and frequent basis.

   

  5.              The electrical system at the premises, including portable appliances will be inspected and tested annually by a competent person and a satisfactory safety report obtained.

   

  6.              The fire safety measures provided on the premises will be maintained in good working order, and their adequacy will be determined on a regular basis, by the carrying out of a fire risk assessment as required by, and in accordance with the Regulatory Reform (Fire Safety) Order 2005.

   

  The prevention of public nuisance

   

  1.              The licence holder will ensure that staff regularly patrol the premises to supervise the orderly conduct of patrons. A specific local taxi operator has been nominated for staff and customers' use. The company's telephone number is advertised to customers. The operator, and all drivers, are aware that they should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines running unnecessarily. All customers will be asked to leave quietly.

   

  2.              Noise from amplified music or videos shall not be such as to cause a noise nuisance to occupants of nearby premises. The volume of any regulated entertainment will be under the control of the management at all times. Should monitoring indicate that the volume should be reduced, management shall take steps to ensure levels are reduced immediately. To allow live and amplified music inside, doors and windows shall be kept shut during entertainment to reduce noise breakout. A management scheme shall be in place to ensure this situation remains.

   

  3.              The premises will install acoustic absorbing sound panels as part of the premises refurbishment, to the ceiling of the premises based upon professional advice.

   

  4.              The premises will consider the careful placement of speakers within the premises taking into consideration the construction, to minimise structural transmission of noise.

   

  5.              The licence holder will have a noise management plan in place, which will be agreed and signed off by the community safety team.

   

  The protection of children from harm

   

  1.              The premises shall operate a Challenge 25 Policy whereby any individual who appears to be under the age of 25 shall be required to provide an approved form of photograph identification as outlined within the Torbay Council Licensing Statement of Principles.

   

  2.              Challenge 25 Posters will be prominently displayed within the premises.

   

  3.              No persons under the age of 18 years shall be permitted in the premises after 2200 hrs, unless they are attending a pre-booked function at the premises, during which time the premises are not open to the general public.

   

Premises Plans

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