The Lighthouse

26 Esplanade Road, Paignton, Devon, TQ4 6BG

Completed application 024580 which is a Variation Application for Premises Licence from 12/05/2011 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• provision of late night refreshment
• any playing of recorded music
• 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 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:  EXHIBITION OF FILMS

   

  1)       Where the film classification body is specified in the licence, admission of children must be restricted in accordance with any recommendation made by that body.

   

  2)       Where -

   

  ()        the film classification body is not specified in the licence, or
   

  ()        the relevant licensing authority has notified the holder of the licence that this condition applies to the film in question,
   

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  In the case of the aforementioned conditions

                “children” means persons aged under 18; and

                “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (authority to determine suitability of video works for classification).

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

• General

   

  1.              Seperate entrances to the ground floor and the upper floor, will be kept, ensuring that there is no confusion or mixing of patrons.

   

  2.              The upstairs venue will remain alcohol free.

   

  3.              SIA door staff will be employed on the Ground Floor Entrance, from 21:00 onwards unless it is felt that they are required earlier.

   

  The Prevention of Crime and Disorder

   

  1.              If young people between the ages of 14 and 18 are present at such as an event as at No 2 above one of the SIA door staff shall be female.

   

  2.              No alcohol shall be allowed on to the premises.  Random searches shall be conducted when a performance event is being undertaken by appropriately qualified SIA door supervisors.

   

  3.              Similar checks shall be undertaken with regard to drugs.

   

  4.              Any person found to have alcohol shall be refused entry and/or removed from the premises and be subject to a future barring period.

   

  5.              Any person found to have drugs shall have their details taken, shall be refused entry or removed from the premises, be subject to a permanent bar and reported to the police.

   

  6.              Alcohol will only be served and allowed to be consumed on the ground floor and decking areas.

   

  Public Safety

   

  1.              Maximum occupancies shall be imposed with regard to relevant areas.  Capacities shall be monitored at performance events by virtue of a clicker machine and such capacities shall be recorded and available for inspection upon reasonable request.

   

                Ground Floor - Sunday to Thursday:  400 persons, Friday and Saturday:  600 persons.

   

                First Floor - Sunday to Thursday:  350 persons, Friday and Saturday: 450 persons.

   

  2.              Regular checks shall be made with regard to decibel levels so as to ensure that noise levels within the premises do not exceed HSE recommendations. Free earplugs shall be available to staff volunteers and members of the public as requested.

   

  3.              When performances are undertaken, entrances, exits and gangways shall be clearly indicated and maintained to afford the public ready and ample means of escape.

   

  4.              All exit doors shall be kept unlocked and available for exit during the time that the public are on the premises providing that any person leaving during a performance/exhibition may be directed to certain exits at the discretion of the management.

   

  5.              Where entertainment involving a close seated audience is provided, seats must be allocated by row and seat number.

   

  6.              In the event of unusual performances involving use of naked flames, prior consent of the licensing authority and the fire authority shall be obtained.

   

  7.              Pyrotechnics shall not be used in the building at any time.

   

  8.              If lasers are to be used within any performance or activity, the prior consent of the licensing authority and fire authority shall be obtained.

   

  9.              An incident book shall be kept on site and maintained recording each incident, its time and date, the parties involved and which, if any, of the emergency services were caused to attend.

   

  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.  Noise shall not be audible within any noise sensitive premises with windows open for normal ventilation after 11pm.  The criteria applied, from boundary to nearest residential property are:

   

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

   

                After 11pm - noise emanating from the premises shall not be clearly distinguishable above background levels of noise.

   

  2.              A senior member of staff shall assess the impact of noisy activities on neighbouring properties at the start of the activity/entertainment and periodically throughout the activity to ensure levels of noise have not increased.

   

  3.              The placing of refuse into receptacles outside the premises must take place at times that will prevent disturbances to neighbouring properties.

   

  4.              Checks shall be made by staff/volunteers on the surrounding area to prevent inappropriate behaviour and persons shall be requested not to stand at the front of the premises once it is closed but to leave the area quickly and quietly.

   

  5.              Appropriate and prominent and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents.

   

  6.              No speech or music shall be relayed by external amplified speakers.

   

  The Protection of Children from Harm

   

  1.              All staff/volunteers shall be CRB enhance checked and recorded, such checks shall be available for inspection upon reasonable request.

   

  2.              A Child Protection Policy and Safeguarding Children from Harm Policy is in place and shall be issued to all staff and volunteers.

   

  3.              A female SIA licensed member of staff shall be present on the door for any events where young people under 18 years of age are present.

   

  4.              A ratio of 1 SIA door staff to 100 attendees shall be present at any events where such numbers are expected.

   

  5.              Ground Floor 1.  Seperate entrances to the ground floor and the upper floor will be kept, ensuring that there is no confusion or mixing of patrons.  No access to the ground floor bar to anyone under the age of 16 unless accompanied by an adult.

   

  6.              The upstirs will remain alcohol free.

   

  7.              Membership shall not be required for the use of the ground floor cafe bar.

   

   

  First Floor

   

  1.              When operating as a music venue for performance, access shall be restricted to persons aged 14 years or over after 7pm.

   

  2.              During periods of time when the first floor area is used for educational purposes, access shall be available to all children but subject to the same supervision as identified in 4. above.

   

  3.              A membership scheme shall be established whereby those 14 and over but under 18 shall be required to provide proof of age and emergency contact details for a responsible adult.  Membership card shall be issued providing access to upstairs entertainment events.  All consents issued shall be recorded and entry shall be restricted to those persons producing the ID card.

   

  4.              In respect of visitors, temporary passes shall be provided to those aged 14 to 18 but this shall be based on production of a valid proof of age document.

   

  5.              Clear policies shall be issued to staff regarding the admission of adults into the premises during performance events, particularly with a view to scrutinising adults who may be under the influence of alcohol, drugs or whom are considered inappropriate to be in contact with persons under the age of 18.

   

  6.              Staff and stewards shall conduct regular checks and monitor behaviour of adults in the performance spaces when the venue is open to the public.  Appropriate action in line with CPP and SCFH policies shall be taken to remove any apparent risk including removal of patrons and police intervention where appropriate.

   

  7.              Toilet checks shall be conducted on a regular basis by appropriate staff and stewards.

   

  8.              Should any film be shown in the course of an activity or by way of close seated viewing, proof of age scheme identification shall be required as appropriate in view of the certification issued in respect of the film in question.

   

  9.              During the wind down period and at closure, staff shall endeavour to ensure the sensible dispersal of young people from the building and monitor the behaviour.

   

  10.              A taxi phone shall be made available within the premises.

   

   

   

   

   

   

   

   

   

   

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

• General

   

  1.              Afternoon to early evening (7pm) acoustic music shall be performed on the front outside terrace only between 1st May to 30th September only.

   

  The Prevention of Crime and Disorder

   

  1.              On nights when an event is being undertaken, which is open to members of the public, there shall be no admission after one hour before specified closing time.

   

  2.              SIA licensed door staff shall be employed for any events at a ratio of 1 SIA door staff member to 100 attendees.

   

  3.              Any persons exercising security function shall be licensed by the Security Industry Authority; such person shall be employed at the premises by the holder of the Premises Licence.

   

  4.              CCTV must be installed throughout the premises, including the outside terraced areas, to the satisfaction of the police and maintained and used throughout the time the premises are open.  Such CCTV shall be to an evidential standard and recordings retained for a minimum of 14 days, during which time the police shall have access to recordings at any reasonable time.

   

  5.              The premises must be fully alarmed throughout.

   

  6.              The premises must join and participate in the Nitenet Communications Scheme.

   

  7.              Door stewards shall be employed on the premises at a ratio of 1 steward per 100 persons.

   

  8.              All door stewards employed on the premises on front of house duties shall wear high visibility reflective jackets for the entirety of their duty.

   

  9.              Written records of all SIA door stewards (including full name and full SIA badge number) shall be kept on the premises for at least 12 months and be available for inspection at any reasonable time by a member of the Responsible Authorities, including the police.

   

  10.              All drinks must be served in toughened/strengthened/polycarbonate or plastic glasses, and from 9.00 daily, no drinks shall be served in glass bottles from which it is intended or likely that a person shall drink.

   

  11.              In respect of the ground floor, from 09.00 daily, there shall be no entry to any person under the age of 18 years.

   

  12.              In respect of the outside terraces and outside timber decked terraces, there shall be no drinks consumed in these areas after 12.00 midnight.

   

  13.              Food shall be available throughout the premises until 9.00 pm daily.

   

  14.              In respect of the ground floor licensed area, the DPS or a Personal Licence Holder must be on duty on the premises daily from 9.00pm until closing whenever licensable activities are operating.

   

  15.              All staff involved in the sale and supply of alcohol shall complete the BIIAB Level 1 Aware in Responsible Alcohol Retailing within 2 months of commencement of employment at the premises.  In respect of existing staff, this shall be done within 2 months.

   

  16.              A record of all staff training, including copies of all relevant BIIAB certificates, shall be kept on the premises and be available to the police or Council Licensing Officers for inspection on demand.  Such records to be kept at the premises for a minimum of 12 months.

   

  17.              The DPS shall ensure that an Incident Book is kept on the premises and that all incidents are recorded therein on a daily basis.  The Incident Book shall be made available for inspection by a police officer, a Police Licensing Officer or a member of the Council Licensing Department on demand and such records to be kept on the premises for a minimum of 12 months.

   

  18.              Appropriate signage shall be clearly displayed on the premises at each entrance/exit point, in the toilets and in the bar area, in relation to the prevention of drug use, indicating a zero tolerance by management and staff.

   

  19.              Suitable signage shall be clearly displayed at all exit points requesting customers to leave quietly.

   

  20.              Suitable signage shall be clearly displayed at all exit points requesting customers do not leave the premises with their drinks as they are entering a Torbay Council Designated No Drinking Zone.

   

  21.              The existing fire exit doors on the ground floor adjacent to the DJ booth and reception area (as shown on plan marked EP.MAN.52A (EXT), shall be permanently sealed in order that no entry or exit can be made and in doing prevents internal communication between the ground and first floors.

   

  22.              All persons entering and leaving the ground floor licensed area must do so via the front terrace of the premises, other than in the event of an emergency.

   

  23.              All drinks promotions shall be managed in a responsible manner.

   

  24.              Whenever the first floor non-alcohol licensed area is in use, all persons entering shall be subject to an Alcoblow Alcohol Meter test and all drink containers being carried into the premises will also be tested by the same means.  Those persons indicating a positive test will be refused entry to the premises and all containers indicating a positive test shall be confiscated.

   

  Public Safety

   

  1.              During performances, when the premises is used by a close seated audience, all seats shall be securely fitted to the floor.  In any part of the premises not so regularly used, chairs, if provided, shall be securely fastened together in lengths of not less an 4 and no more than 12 whenever more than 250 persons are accommodated.  There shall be space of not less than 300 mm between the back of one seat and the front of the one behind.  In such cases, provision shall be made to the end seats in each row which flank the gangways to be securely fastened to the floor.

   

  2.              When performances are being undertaken, all curtains and drapes within the premises shall be flame resistant to the satisfaction of the fire authority and the licensing authority. The premises licence holder shall provide documentary evidence of the nature and date of fire proofing treatment and such documentation to be available on reasonable request.

   

  The Prevention of Public Nuisance

   

  1.              All doors and windows shall be kept shut during regulated entertainment to reduce noise break out.   A management scheme shall be in place to ensure this occurs.

   

  2.              During regulated entertainment the door lobbies shall be effectively used throughout the time of the entertainment to prevent noise breakout.

   

  3.              Noise or vibration shall not emanate from the premises as to cause persons in the neighbourhood to be unreasonably disturbed. Noise should not be audible within any noise sensitive premises with windows open for normal ventilation especially after 23:00 hrs.  The criteria applied, from boundary to nearest residential property are:

   

                (i)              Before 23:00 - Noise emanating from the premises shall not be clearly distinguishable above other noise.

   

                (ii)              After 23:00 - Noise emanating from the premises shall not be clearly distinguishable above background levels of noise.

   

                (iii)              The local Authority shall reserve the right in case of tonal noise and where premises are attached to others to make further assessments from within the premises.

   

  The Protection of Children from Harm

   

  1.              Child Protection Officers will be appointed and all staff and volunteers shall be their name and contact details and the steps to be undertaken to record any incidents.

   

  2.              Safety leaflets shall be available and promoted within the premises to encourage young people to go home safely.

   

  3.              A collection point for parents collecting children shall be established at the side of the building off the main road and staffed appropriate offering assistance to young persons who are not collected should that situation arise.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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• - Page 2 of 3
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