Lime Tree

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

Completed application 054298 which is a Minor Variation Application for Premises Licence from 20/05/2019 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
• 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

   

  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:
   

  (a)                             consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
   

  (b)                             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
   

  (c)                            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.

   

  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.              An incident logging system must be maintained.

   

  3.              All employees must receive drug awareness training.

   

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

   

  5.              Drunk and disorderly behaviour shall not be tolerated.

   

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

   

  7.              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 proof of age identification.

   

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

   

  6.              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.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

• - Page 1 of 1