Lyndhurst Hotel

Lower Polsham Road, Paignton, Devon, TQ3 2BA

Completed application 023521 which is a Internal Amendment/Variation for Premises Licence from 19/10/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• a performance of live music

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.

   

   

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

•  

  Conditions transferred from the Licence

   

  1.                             Intoxicating liquor shall not be sold or supplied on the premises otherwise than to:
   

  (a)               Persons taking table meals there and for consumption by such a person as an ancillary to his meal.
   

  (b)               Persons residing there or their private friends bona fide entertained by them at their own expense and for consumption by such persons or their private friends so entertained by them either on or off the premises, or with a meal supplied at but to be consumed off the premises.
   

  (c)               Persons attending bona fide functions held at the premises between 30th September each year and 1st May the following year, at which bona fide meals are served, such functions being organised by an individual or organisation hiring the premises for the period.

   

  2.              Suitable beverages other than intoxicating liquor, including drinking water, shall be equally available for consumption with or otherwise as an ancillary to meals served on the premises.
   

  3.                            There shall be afforded in the premises for persons provided with board and lodging for reward, adequate sitting accommodation in a room not used or to be used for sleeping accommodation, for the service or substantial refreshment or for the supply or consumption of intoxicating liquor.
   

  4.                            There shall be no off sales.

   

   

•  

  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.              The premises shall continue to apply existing practices of providing middle of the road music by a solo singer, guitar player or keyboard player, occasionally duet, to hotel guests.

   

  The prevention of crime and disorder

   

  1.              Performances shall be solo singers, keyboard or guitar players, playing middle of the road music to elderly guests.

   

  2.              All performances shall finish at 23.00 hours.

   

  3.              All residents shall stay on the premises, any occasional guests of residents are asked to leave the premises by 23.30 hours.

   

  Public safety

   

  1.              All health & Safety requirements shall be adhered to.

   

  2.              Residents bar shall always be supervised when alcohol is served or music is played.

   

  The prevention of public nuisance

   

  1.              Performances shall be solo singers, keyboard or guitar players, playing middle of the road music to elderly guests.

   

  2.              All performances shall finish at 23.00 hours.

   

  3.              All residents shall stay on the premises, any occasional guests of residents are asked to leave the premises by 23.30 hours.

   

  The protection of children from harm

   

  1.              Only occasionally children shall stay at the hotel, they shall be under direct supervision of their parents at all times and shall use the dry lounge when required.

   

  2.              Children shall not be permitted in the public areas of the hotel after 21.00 hours.

   

   

   

•  

  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 ot 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 11pm.  The criteria applied, from boundary to nearest residential property 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.

                (iii)              The Local Authority shall reserve the right in cases of tonal noise and where premises are attached to others (i.e. semi's and terraced properties) to make further assessments from within the residential property.

   

  2.              The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the Licensee/Management

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.