Lime Tree

9/11 Dartmouth Road, Paignton, Devon, TQ4 5AA

Completed application 035232 which is a Transfer Application for Premises Licence from 28/08/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the sale by retail of alcohol
• entertainment facilities for dancing
• entertainment facilities for making music
• provision of late night refreshment

Additional Conditions

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  ANNEXE 1

   

   

   

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  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.

   

  8)              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.

   

•  

  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.

   

   

   

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  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

• Additional Conditions Transferred from Public Entertainment Licence

   

  1.              All windows and doors leading from entertainment areas to the exterior of the premises shall be kept closed at all times when public entertainment is provided and a suitable management scheme shall be introduced to ensure that this is achieved.

   

  2.              No music shall be played in the function room.

   

  3.              This licence shall only apply to those parts of the premises named below and the maximum number of persons to be permitted within those areas shall not exceed the figure stated.

   

                                                          Main bar/restaurant area - 250.

   

   

   

   

   

•  

  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.

   

   

•  

   

  General

   

  1.              CCTV must be provided and maintained in good working order.

   

  The prevention of crime and disorder

   

  1.              Must retain membership of the LVA.

  2.              ‘Happy Hours’ promotions prohibited.

  3.              An incident logging system must be maintained.

  4.              All employees must receive drug awareness training

  5.              Regularly inspect outdoor drinking areas of the premises for empty drinks glasses and bottles.

  6.              Drunk and disorderly behaviour shall not be tolerated.

  7.              The premises shall maintain membership of Nite Net.

  8.              On Friday and Saturday after 11pm, 2 SIA trained door staff shall be provided.

  9.              CCTV records shall be kept for 31 days.

  10.              No open glasses or bottles shall be allowed outside the premises after 11pm.

   

  Public Safety

   

  1.              An incident logging system must be maintained.

  2.              Fire alarms shall be regularly tested, recorded and maintained.

  3.              Emergency lighting shall be tested regularly and recorded.

  4.              First aid box shall be kept on site.

  5.              Accident log book shall be kept on site.

  6.              All fire exits shall be kept clear of obstruction.

   

  The prevention of public nuisance

   

  1.              All doors and windows must be kept closed when entertainment is provided.

  2.              Customers must be reminded to respect neighbours when departing the premises at night.

  3.              A decibel meter shall be used each time music entertainment is provided and recorded in a log book.

  4.              Signage shall be provided asking all customers to leave quietly at the end of the night.

   

  The protection of children from harm

   

  1.              Employees must be trained on underage sales procedures and policy.

  2.              All customers whom appear to be under the age of 21 must provide official prove of age identification.

  3.              Cigarette machine must be in view of the bar so it can be supervised at all times.

  4.              Children must be supervised and accompanied by a parent or guardian at all times if not entry shall be refused.

   

   

   

   

   

   

   

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

•  

  The Prevention of Crime and Disorder

   

  1.              On every occasion that the premises sells alcohol after midnight and then closes after 12.30am, SIA door stewards shall be employed on the premises from 10pm until closing, on a ratio of 1 steward per 100 persons.

   

  2.              CCTV shall operate throughout the time the premises are open to the public and include recording facilities.  Such system shall operate at all times to an evidential standard and recordings to be kept for a minimum of 14 days, during which time the police shall have access at any reasonable time.

   

  3.              The premises shall participate in the Nitenet Radio Communications Scheme that operates within Paignton.

   

  4.              Whenever the premises remain open after 12 midnight, all drinks must be served in toughened, strengthened, polycarbonate or plastic glasses from 10pm and no alcohol shall be served in glass bottles from which it is intended or likely that a person shall drink.

   

  5.              There shall be no offers of 'All inclusive' drinks promotions at the premises.

   

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

   

  7.              There shall be no entry/re-entry to the premises after 1.00am.

   

  8.              No under 18 year olds shall be in the premises after 10.00pm.

   

  9.              There shall be no consumption of any drinks in the outside licensed area after 11pm.

   

  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 should not be audible within any noise sensitive premises with windows open for normal ventilation especially after 23.00hrs.  The criteria applied, from boundary to nearest residential property are;

   

                (a)              Before 23.00 - Noise emanating from the premises will not be clearly distinguishable above other noise.

                (b)              After 23.00 - Noise emanating from the premises will not be clearly distinguishable above background levels of noise.

                (c)              The Local Authority will reserve the right in cases of tonal noise and where premises are attached to others to make further assessments from within the residential property.

   

  2.              All doors and windows shall remain closed during amplified live music and entertainment to reduce noise breakout.  A management scheme will be in place to ensure this situation remains.

   

  3.              For amplified live music and entertainment, wind down music of a gentler nature shall be played during the period of 23:00 - 00:00hrs.

   

  4.              A senior member of staff (manager) shall asses 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.              No music or speech shall be relayed by external amplified speakers.

   

  6.              Bottle skips and bins containing cans or bottles shall not be emptied outside closing but will be dealt with the next day during normal business hours.

   

   

   

   

   

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  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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