Blagdon Inn

Totnes Road, Paignton, Devon, TQ4 7PU

Completed application 054556 which is a Change of Supervisor for Premises Licence from 06/07/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• the sale by retail of alcohol
• provision of late night refreshment

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.

   

  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

   

  Section A - The Prevention of Crime and Disorder

   

                General

   

                A clear and legible notice shall be displayed outside the premises indicating:

   

  A1.              The normal hours under the terms of the Premises Licence during which licensable activities are permitted.

   

  A2.              Any restriction on the admission of children at specified times or for particular events or regulated entertainment.

   

                Maximum occupancy

   

  A3.              The number of persons admitted to the premises on any one occasion shall not exceed the maximum occupancy permitted by the fire authority.

   

  A4.              The management shall ensure that the maximum occupancy is not exceeded.

   

                Orderly conduct

   

  A5.              As far as is practical, the management shall ensure that persons on or leaving the premises and using adjacent car parks and highways shall be reminded to conduct themselves in an orderly manner and not in any case to cause annoyance to residents or persons passing by and shall maintain signage on the exits from the premises to this effect.

   

  A6.              Late night refreshment shall be provided within the premises and not by means of solicitation outside or in the vicinity of the premises.

   

                Security

   

  A7.              CCTV capable of covering both inside and outside the premises in positions agreed with both Torbay Council and the police shall be provided to enhance the safety of patrons and staff where deemed appropriate.  Such cameras shall be maintained in good working order images whether digital or on tape should be retained for a minimum of 14 days and made available at any reasonable time to any officer of the Torbay Council or the police.

   

  A8.              A register of all staff working on the premises whilst the public is present shall be maintained.

   

                Drugs Policy

   

  A9.              A written drugs policy shall be enforced at the premises in order to secure as far as is as reasonably practical the safety of patrons and others attending the premises.

   

                Supply of Alcohol

   

  A10.              All drinking glasses in which drinks are served shall be made of plastic, polycarbonate, strengthened or toughened glass correctly stamped in accordance with weights and measures legislation.

   

  A11.              To prevent the sale of alcohol to persons under the age of 18 years suitable written proof of age from young people attempting to purchase alcohol shall be required in accordance with those documents specified by Torbay Council's "statement of licensing policy".

   

  A12.              Staff shall be suitably trained to prevent the sale of alcohol to people under the age of 18.

   

  A13.              Regular glass and bottle collection shall be undertaken when the premises are operating.

   

  A14.              Only plastic glasses or bottles shall be permitted to be taken into the beer garden/children's play areas.

   

  A15.              Patrons shall not be permitted to leave the premises with any glass or bottles which belong to the premises save those purchased as off sales.

   

                Sale of cigarettes

   

  A16.              Cigarette machines shall be positioned so as to be capable of supervision from the bar servery and shall be supervised by the management and shall not be sold to persons under the age of 18.  A notice to this effect shall be displayed close to the cigarette machines.

   

  Section B - The Promotion of Public Safety

   

                General

   

  B1.              A record shall be kept on the premises of the particulars of any inspections made and any conditions imposed.  Such records shall be available for inspection by those persons authorised under the Licensing Act 2003 or associated legislation.

   

  B2.              Adequate access shall be maintained for emergency vehicles attending the premises.

   

  B3.              All parts of the premises including fittings and apparatus, door fastening and notices, seating, lighting, heating, electrical ventilation, sanitary accommodation, washing facilities and other installations shall be maintained at all times in good order and working and safe condition.

   

                Dancing

   

  B4.              There shall be a clearly identifiable area for dancing.  The minimum area set aside shall be four square metres for a maximum capacity of 99 people or six square metres where the capacity exceeds 100.

   

  B5.              The management shall maintain an area separate from the main dance area which shall contain adequate seating; suitable means of providing cool air (whether by air conditioning or external ventilation) and so far as is practicable respite from high levels of noise.

   

                First aid

   

  B6.              First aid kit facilities and equipment suitable for the number of staff and patrons attending the premises shall be provided to enable first aid treatment to be given promptly in the event of injury.

   

                Fire precautions

   

  B7.              No explosive or highly inflammable material shall be brought on to the premises.

   

  B8.              No work in connection with alterations or repairs to areas of the premises occupied by the public should be carried out whilst they are present on the premises.

   

  Section C - The prevention of public nuisance

   

                Noise or vibration

   

  C1.              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 shall not be audible within any noise sensitive premises (e.g. dwelling) with windows open for normal ventilation especially after 11pm.  This shall 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.

   

  C2.              The volume of amplified sound used in connection with entertainment provided shall at all times be under the control of the management and the controlling mechanism shall be operated from a part of the premises not accessible to the public.

   

  C3.              Prominent clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and area quietly.

   

  C4.              There shall be no explosives, pyrotechnics or fireworks or anything of similar nature which might disturb the surrounding area.

   

  C5.              The placing of refuse in to receptacles outside of the premises shall take place only at times that would not constitute a disturbance to nearby properties.

   

  C6.              Deliveries in particular of kegs, bottles or other noisy materials to be carried out at times and in such a manner so as not to cause a nuisance or a disturbance to nearby residents.

   

  C7.              The management shall ensure that staff who arrive early in the morning or depart late at night when the business has ceased training, conduct themselves in such a manner as not to cause disturbance to nearby residents.

   

  C8.              Windows in the function room shall be kept shut during the times entertainment takes place.  The staff shall be responsible for checking that this condition is complied with.

   

  C9.              The management shall take steps to make sure that any machinery including mechanical ventilation systems do not create noise breakout from the premises such as might be a disturbance to nearby residents.

   

  C10.              Cooking or obnoxious smells from the premises shall not cause a nuisance to nearby properties.

               

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

• - Page 1 of 1