JD's Bar & Diner

1 Fleet Street, Torquay, Devon, TQ1 1BX

Completed application 020450 which is a Minor Variation Application for Premises Licence from 02/02/2010 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 of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• provision of late night refreshment

Additional Conditions

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  ANNEXE 1

   

   

   

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  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.

   

   

  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.

   

   

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  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

  1                      Reasonable disabled facilities shall be available.

   

  2                      High standards of safety and prevention of crime and disorder shall be maintained by working co-operatively with relevant agencies.

   

  3                      Must work closely with business neighbours and residents to prevent public nuisances by preventing disturbances in the arrivals and departures of patrons.

   

  4                      Children shall be protected from harm at all times by restriction of entry times and to areas of the premises.

   

  5.              There must be Security Industry Authority (SIA) trained stewards at a ration of no less than 1:100.

   

  6.              All drinks shall be served in toughened, strengthened, polycarbonate or plastic glasses and from 21.00hrs daily there shall be no drinks served in glass bottles from which it is intended or likely that a person shall drink.

   

  7.              All door stewards employed on front of house duties shall wear high visibility reflective jackets for the entirety of their duty.

   

  8.              The Designated Premises Supervisor or a member of the premises management shall attend at least two meetings of the Torquay Licensing Forum per calendar year.

   

  The Prevention of Crime and Disorder

   

  5                      Trained registered door supervisors must be present when public entertainment is offered to ensure safe capacity.

   

  6                      Participation in the ‘Nitenet’ scheme must be continued.

   

  7                      Participation in the ‘Block Exclusion System’ operated by the Devon and Cornwall Police Constabulary must be continued.

   

  8                      Staff shall be trained to ensure a reasonable approach to alcohol sales.

   

  9                      ‘Heavily Discounted’ drink promotions are prohibited.

   

  10                  A Zero Tolerance policy on illicit drugs must be observed.

   

  7.              There must be no entry or re-entry to premises after 02.00hrs.

   

  8.              On every occasion that the premises sells alcohol after midnight and then closes after 00.30hrs, SIA door staff must be employed from 22.00 hrs until closing.

   

  Public Safety

   

  11                  A safe capacity must be adhered to.

   

  12                  Reasonable disabled facilities shall be available.

   

  13                  Staff must be adequately trained.

   

  14                  Fire exits must be clear at all times.

   

  The Prevention of Public Nuisances

   

  15                  Air conditioning must be provided.

   

  16                  Must prevent disturbances by the arrival and departure of patrons.

   

  17                  Staff must leave premises quietly.

   

  18                  All rubbish shall be contained in bins and skips.

   

  19                  Bottles must be disposed of in daylight hours.

   

  The Protection of Children from Harm

   

  1.              Staff must request official photographic identification to verify a young person’s age.

   

  2.              Children must not be admitted in downstairs area between 19.00hrs and 08.00hrs.

   

  3.              Children admitted to upstairs area for food and functions must be accompanied by an adult.

   

   

   

   

   

   

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  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

   

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  The Prevention of Crime and Disorder

   

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

   

  2.              Premises must join and maintain membership of the Nitenet Radio Communications Scheme.

   

  The Prevention of Public Nuisance

   

  1.              Noise from the premises shall not be audible within any dwelling with windows open for normal ventilation especially after 11pm.  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 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, to make further assessments from within the residential property.

   

  2.              Doors and windows to be shut at 23.00hrs, to reduce noise break out.  A management scheme shall be in place to ensure this situation remains.

   

  3.              A noise limitation device shall be in operation controlling the system to which all amplification equipment is fitted.  This device shall be regularly maintained to ensure that the noise produced within the premises shall not be audible within any residential premises in the vicinity.

   

  4.              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.

   

   

   

   

   

   

   

   

   

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  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

   

Premises Plans

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