Living Coasts

Beacon Quay, Torquay, Devon, TQ1 2BG

Completed application 007274 which is a Variation Application for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• entertainment facilities for dancing
• 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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

• Additional Conditions Transferred from the Licence

   

  1.              The consumption of alcohol in the proposed outside terraced areas shall be restricted to persons sat at tables.

   

  2.              A CCTV system to be installed at the premises to cover the outside terraced areas.  Such CCTV system to be maintained and used at all times the premises are open and to include a monitor behind the bar servery for viewing by staff.  Such system to be installed in liaison with the Police Licensing Department.

   

  3.              There shall be no consumption of alcohol from glass bottles from which it is likely or intended that a person shall drink.

   

•  

  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.              Bar staff shall be suitably trained to prevent the sale of alcohol to persons under the age of 18.

   

  The Prevention of Crime and Disorder

   

  1.              Bar staff shall be trained not to serve persons who have consumed excessive amounts of alcohol.

   

  2.              A sign shall be displayed showing the hours of opening, and maximum numbers.

   

  3.              Signs shall be displayed in the bar stating that children are not allowed in the bar area.

   

  4.              Signs shall be displayed around the premises warning of criminal activity (theft).

   

  5.              All staff must wear uniform.

   

  6.              The cigarette machine shall be under the supervision of the management to ensure no under 16's can access it.

   

  Public Safety

   

  1.              There shall be adequare access for emergency vehicles.

   

  2.              No drink shall be served in a glass bottle from which it is intended that a customer will drink.

   

  3.              Alcohol must be consumed seated at a table.

   

  4.              Regular glass and bottle collection shall be undertaken throughout the premises.

   

  5.              Patrons shall not be permitted to leave the premises with any glass or bottles which belong to the premises.

   

  6.              All parts of the premises and all fittings and apparatus therein, door fastenings and notices and the seating, lighting, heating, electrical, ventilation, sanitary accommodation, washing facilities and other installations shall be maintained in good order and in a safe condition.

   

  7.              An area shall be seperate from the main dance area with adequate seating and, suitable means of providing cool air, so far as is practicable, respite from high levels of noise is provided.

   

  8.              Cold drinking water shall be available at the bar and a notice of the availability displayed at suitable locations within the premises.

   

  9.              Rubbish shall be removed regularly from the premises.

   

  10.              The fire safety measures with which the premises are provided, shall be maintained in good working order, and their adequacy shall be determined on a regular basis, by the carrying out of a fire risk assessment, as required by, and in accordance with the Fire Precautions (Workplace) Regulatons. 

   

  11.              There shall be maintained a safe occupancy level.

   

  The Prevention of Public Nuisance

   

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

   

  2.              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 the area quietly.

   

  3.              An announcement shall be made prior to closing requesting patrons cooperatoin in leaving the premises and vicinity as quietly and as quickly as possible.

   

  4.              A specific taxi operator has been nominated for staff and customers use.  The company's telephone number shall be advertised to customers.  The operator, and all drivers, are aware that they shall arrive and depart as quickly as possible, should not sound vehicle horns as a sign of their arrival or leave engines idling unnecessary.

   

  5.              Staff shall leave as quietly as possible, particularly at night and early in the morning.

   

  6.              A senior member of staff (manager) shall assess 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.

   

  7.              Bottle skips and bins containing cans or bottles shall not be emptied outside after closing, but shall be dealt with the next day during normal office hours.

   

  8.              The premises shall remain open for at least half an hour after alcohol is served, during which time patrons shall be dispersed gradually.

   

  The Protection of Children From Harm

   

  1.              Children below the age of 15 shall be excluded from the bar during the opening times.

   

  2.              Any person believed to be under 18 shall be asked to prove their age by producing a valid ID.

   

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

• 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.  In general terms, noise from the premises should not be audible within any noise sensitive premises (e.g. dwelling) with windows open for normal ventilation especially after 23.00hrs. This will 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 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 cases of tonal noise and where premises are attached to others to make further assessments from within the residential property.

   

  2.              An announcement shall be made prior to closing requsting patrons' cooperation in leaving the premises and vicinity as quietly and quickly as possible.

   

  3.              Provision of mechanical ventilation and air conditioning system shall not allow noise breakout from the premises or cause a nuisance by its operation.

   

  4.              Regular maintenance shall be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.

   

  5.              The handling of beer kegs, bottles, and other similar items shall not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside of the building.

   

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

   

  7.              Cooking, noxious or persistent smells from the premises shall not cause a nuisance to nearby properties and the premises must be properly vented.

   

  8.              All windows and doors shall remain closed during functions on the Imperial Court side of the premises.

   

  The protection of children from harm

   

  1.              No alcohol shall be sold to any persons under the age of 18.  Age identification shall be sought from any persons appearing to be under the age of 18 years.

   

  2.              Staff shall receive training on matters related to the sale of alcohol.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.