Manor Inn

28 Higher Street, Brixham, Devon, TQ5 8HW

Completed application 026342 which is a Internal Amendment/Variation for Premises Licence from 09/06/2011 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• any playing of recorded music
• a performance of live music
• entertainment of a similar description to that falling within entertainment facilities for making music or 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.

   

  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

   

  General

   

  1.               Staff must monitor the behaviour of customers.

   

  2.               There must be no "Happy Hours" or drinks promotions.

   

  3.               Fire equipment and appliances must be regularly checked.

   

  4.               An accident book must be provided.

   

  5.               Children must be accompanied by an adult.

   

  6.               If there is any doubt about the age of a person attempting to purchase age restricted products identification must be sought.

   

  7.               Staff must be trained in drug awareness.

   

  8.              Pavement permit area must be fenced off.

   

  9.              Bins must be supplied.

   

  10.              There must be waiter/waitress service to outside area.

   

  11.              At the front of the premises, the only area that alcohol and other refreshment shall be consumed is in the area of the Cafe Pavement Permit.

   

  The Prevention of Crime and Disorder

   

  1.               Staff must monitor the behaviour of customers.

   

  2.               There must be no "Happy Hours" or drinks promotions.

   

  3.               Fire equipment and appliances must be regularly checked.

   

  4.               An accident book must be provided.

   

  5.               Children must be accompanied by an adult.

   

  6.               If there is any doubt about the age of a person attempting to purchase age restricted products identification must be sought.

   

  7.               Staff must be trained in drug awareness.

   

  Public Safety

   

  1.               Staff must monitor the behaviour of customers.

   

  2.               There must be no "Happy Hours" or drinks promotions.

   

  3.               Fire equipment and appliances must be regularly checked.

   

  4.               An accident book must be provided.

   

  5.               Children must be accompanied by an adult.

   

  6.               If there is any doubt about the age of a person attempting to purchase age restricted products identification must be sought.

   

  7.               Staff must be trained in drug awareness.

   

  The Prevention of Public Nuisance

   

  1.               Staff must monitor the behaviour of customers.

   

  2.               There must be no "Happy Hours" or drinks promotions.

   

  3.               Fire equipment and appliances must be regularly checked.

   

  4.               An accident book must be provided.

   

  5.               Children must be accompanied by an adult.

   

  6.               If there is any doubt about the age of a person attempting to purchase age restricted products identification must be sought.

   

  7.               Staff must be trained in drug awareness.

   

  The Protection of Children from Harm

   

  1.               Staff must monitor the behaviour of customers.

   

  2.               There must be no "Happy Hours" or drinks promotions.

   

  3.               Fire equipment and appliances must be regularly checked.

   

  4.               An accident book must be provided.

   

  5.               Children must be accompanied by an adult.

   

  6.               If there is any doubt about the age of a person attempting to purchase age restricted products identification must be sought.

   

  7.              Staff must be trained in drugs awareness.

   

   

•  

  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:

   

  (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

   

  1.              CCTV system that is of a 'evidential standard' to be installed and be in operation, on nights where the premises is in use after midnight.  The record ofthat CCTV system to be kept               for a period not less than 31 days, where the police may have access to that record at any reasonable time.

   

  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 23.00 hrs.  This shall 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 hrs - Noise emanating from the premises shall not be clearly distinguishable above other noise.

                (ii)              After 23.00 hrs - 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 (i.e. semi's and terraced properties) to make furhter 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 and the controlling mechanism shall be operated from a part of the premises not accessible to the public.

   

  3.              Doors and windows shall be kept shut during all entertainment to reduce noise breakout.  A management scheme shall be in place to ensure this situation remains.

   

  4.              No music or speech shall be relayed by external amplified speakers.

   

  5.              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.

   

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

   

  7.              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 the buildings.

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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