Old Skools Cafe Bar

18-20 Market Street, Torquay, Devon, TQ1 3AQ

Completed application 007194 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
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• entertainment facilities for dancing

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

   

  General

   

  1.              The premises must operate in accordance with all relevant legislation.

   

  The Prevention of Crime and Disorder

   

  1.              The premises must continue to operate in accordance with all relevant legislation which               promotes the crime and disorder objective.

   

  2.              The premises must liaise and co-operate with the police and participate in any Pub Watch or               other equivalent scheme.

   

  3.              A proof of age policy must operate in relation to relevant licensable activities.

   

  4.              A zero tolerance towards illegal drugs must operate at all times.

   

  5.              Any drinks promotions must not advertsely affect the promotion of responsible drinking.

   

  6.              Customers must be encouraged to leave the premises in a quiet and orderly manner.

   

  7.              Staff must be trained to observe the measures necessary to promote the crime and disorder               objectives.

   

  8.              A CCTV system must operate during the hours when licensable activities are provided.

   

  Public Safety

   

  1.              The premises must operate in accordance with all relevant legislation which promotes the               public safety objective including, but not limited to, the Health & Safety At Work etc Act 1974 and               associated regulations, the Food Safety Act 1990, the Fire Precautions (Workplace) Regulations               1997 and the Disability Discrimination Act 1975.

   

  2.              The premises must liaise and co-operate with applicable Responsible Authorities.

   

  3.              A zero tolerance towards illegal drugs must operate at all times.

   

  4.              Any drinks promotions must not adversely affect the promotion of responsible drinking.

   

  5.              Customers must be encouraged to leave the premises in a quiet and orderly manner.

   

  6.              Staff must be trained to observe the measures necessary to promote the public safety objective.

   

  7.              The existing fire safety precautions must be retained and maintained.

   

  8.              A CCTV system must operate during the hours when licensable activities are provided.

   

  The Prevention of Public Nuisance

   

  1.              The premises must operate in accordance with all relevant legislation which promotes the               public nuisance objective including but not limited to the Environmental Protection Act 1990 and               the Noise Act 1996.

   

  2.              The premises must liaise and co-operate with the Responsible Authorities.

   

  3.              Any drinks promotions must not adversely affect the promotion of responsible drinking.

   

  4.              Customes must be encouraged to leave the premises in a quiet and orderly manner.

   

  5.              Staff must be trained to observe the measures necessary to promote the public nuisance               objective.

   

  6.              The premises must be adequately ventilated to prevent nuisance.

   

  7.              Arrangements must be made for the storage and disposal of refuse which do not cause a               nuisance.

   

  8.              Any noise from the licensable activities proved must be monitored in order to prevent nuisance.

   

  9.              A CCTV system must operate during the hours when licensable activities are provided.

   

  The Protection of Children from Harm

   

  1.              The premises must operate in accordance with all relevant legislation which promotes the               protection of children objectives.

   

  2.              The premises must liaise and co-operate with the Responsible Authorities.

   

  3.              A proof of age policy must operate in relation to the relevant licensable activities.

   

  4.              A zero tolerance towards illegal drugs must operate at all times.

   

  5.              Staff must be trained to observe the measures necessary to promote the protection of children               objective.

   

  6.              Only suitable entertainment must be provided when children are present.

   

  7.              No person under 18 must be admitted to any part of the premises where adult entertainment is               provided.

   

  8.              Any restrictions on the admission of children must be displayed outside the premises or relevant               part thereof.

   

  9.              Non-alcoholic drinks must be available.

   

  10.              Unaccompanied children must not be allowed on the premises.

   

•  

  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.

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

   

•  

  The Prevention of Crime and Disorder

   

  a)              A CCTV system of an evidential standard to be installed to the satisfaction of the police, and the               system to be in operation at all times thre premises are open to the public.  All recordings from               that system to be kept for a period of 31 days and the police to have access to recordings at any               reasonable time.

   

  b)              On every occasion that the premises sells alcohol after midnight and then closes after 12:30hr,               SIA door staff to be employed from 21:00hr until closing.

   

  c)              All drinks to be served in shatterproof glasses and no alcohol to be served in glass bottles from               which it is intended or likely that a person shall drink.

   

  d)              Premises to join and maintain membership of the Nitenet Radio Communications Scheme.

   

  e)              No entry or re-entry to premises after 12 midnight.

   

  f)              The applicant to remove the 'non specified' events from the application which are an attempt to               circumvent the Act and negate the need for Temporary Event Notices, which is contravention of               the Licensing Act 2003.

   

  The Prevention of Public Nuisance

   

  a)              Live and recorded music, dancing, indoor sporting events and provision for making music to be               permitted between 10:00hr  to 23:00hr on Monday - Saturday and between 10:00hr - 22:30hr on               Sunday.

   

  b)              Incidental music to be permitted whilst the premises is open to the public.

   

  c)              Noise or vibration will 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 23:00hr.  This will be assessed from the boundary to the               nearest residential properties, on all sides of the licensed premises.  The criteria that will be               applied are:

   

                1.              Before 23:00hr - Noise emanating from the premises will not be clearly distinguishable                             above other noise.

                2.              After 23:00hr  -  Noise emanating from the premises will not be distinguishable above                             background levels of noise.

                3.              The local authority will 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.

   

  d)              To reduce noise break out, doors and windows facing onto any noise sensitive premises (e.g.               dwelling)  will be kept shut during entertainment.  A management scheme will be in place to               ensure this situation remains.

   

  e)              The placing of refuse, such as bottles, into receptacles outside the premises takes place at               times that will prevent disturbance to nearby properties.

   

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

   

   

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

   

Premises Plans

• - Page 1 of 1