Torbay CouncilLicensing & Public Protection

The York

113 St Marychurch Road, Plainmoor, Torquay, Devon, TQ1 3HL

Completed application 065808 which is a Minor Variation Application for Premises Licence from 19/02/2024 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
• an exhibition of a film
• a performance of dance
• 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.

   

  3)              (1) The responsible person must 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:-

   

  (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 in a manner which carries a significant risk of undermining a licensing objective;

   

  (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 in a manner which carries a significant risk of undermining a licensing objective;

   

  (d) 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;

   

  (e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

   

  4)              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  5)              (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

   

  (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

   

  (3) 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 either:-

   

  (a) a holographic mark, or

   

  (b) an ultraviolet feature.

   

  6)              The responsible person must 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

                (iii) still wine in a glass: 125 ml;

   

  (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

   

  (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

  Minimum Drinks Pricing

   

  1)              A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.

   

  2)              For the purposes of the condition set out in paragraph 1

   

  (a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979

   

  (b) “permitted price” is the price found by applying the formula P = D + (DxV)

   

  Where:-

   

                              (i) P is the permitted price

  (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

  (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

   

  (c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence:-

  (i) The holder of the premises licence

  (ii) The designated premises supervisor (if any) in respect of such a licence, or

  (iii) The personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

   

  (e) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

   

  3)              Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from the paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

   

  4)              (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

   

  (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  The prevention of crime and disorder

   

  1.              Drinks shall not be heavily discounted.

   

  2.              There shall be a clear and concise door policy to keep out undesirables and known troublemakers.

   

  3.              Staff shall be trained to deal with difficult situations.

   

  4.              Anyone who is intoxicated shall be politely encouraged to leave the premises and with the offer to phone a cab for them.

   

  5.              Excessive consumption shall not be encouraged.

   

  6.              Anti social behaviour shall not be tolerated.

   

  7.              To prevent overcrowding there shall be adequate staff to deal with the number of guests.

   

  8.              Posters shall be displayed promoting non alcoholic drinks including non alcoholic beer.

   

  9.              Snacks shall be available at all times.

   

  10.              Customers shall not be served several drinks just before closing unless he/she is buying for a group.

   

  11.              Groups of people shall be encouraged to allocate a non drinker to ensure safe driving home.  Staff shall identify the non drinker and ensure he/she only drinks non alcoholic beverages.

   

  12.              Toughened glasses and safer alternatives shall be used where possible to reduce the effects of violence.  Drinks shall be stocked in plastic bottles.

   

  13.              Staff are instructed to promote the use of taxis.  All staff shall arrange taxis on request.  A tough policy in reducing the risk of excessive alcohol consumption shall be implemented.

   

  14.              A member of staff shall regularly clear used glasses and a system shall be in place for spillages.

   

  15.              Anti social behaviour shall not be tolerated.

   

  16.              Staff shall be trained to remain calm and composed in difficult situations.

   

  17.              As far as practical, those persons on or leaving the premises and using adjacent car parks and highways shall be reminded to conduct themselves in an orderly manner and shall not in any way cause annoyance to residents or persons passing by.  This shall only be done with the use of signage and staff asking them politely to be as quiet as is possible.

   

  18.              Clear and conspicuous notices warning of potential criminal activity (example drink spiking) within the premises that may target patrons of the premises shall be displayed.

   

  19.              CCTV inside the premises shall enhance the safety of patrons and staff where deemed appropriate.

   

  20.              Sufficient numbers of door supervisor/stewards shall be provided on the premises, depending on the activities or entertainment taking place on site and the likelihood of overcrowding.  Door supervisor shall need to be licensed with the Security Industry Authority.

   

  21.              When on duty every attendant shall wear a uniform and no person under the age of 18 shall be employed as an attendant on the premises.

   

  22.              All drinking glasses in which drinks are served shall be made of plastic or toughened glass.  Drinks, glasses, shall not be removed from the premises.

   

  23.              To prevent the sale of alcohol to persons under the age of 18 years suitable written proof of age from young people attempting to purchase alcohol shall always be required.  Staff shall accept, driving license (with picture and another form of I.D.), passport or birth certificate with back up I.D. it shall not be intended to accept Prove it cards as these are readily available as a counterfeit.

   

  24.              Bar staff shall continue to be aware of and alert to issues of under age drinking.

   

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

   

  26.              Patrons shall not be permitted to leave the premises with any glass which belongs to the premises.

   

  27.              The use of or distribution of Class A drugs shall not be tolerated and support shall be given to the police to carry out random checks.

   

  28.              The bar shall not allow prostitution or the sale of unlawful pornography.

   

  29.              The sale of smuggled tobacco and alcohol shall not be permitted.  Staff shall be trained to be vigilant.

   

  30.              The organisation of racist’s activity on the promotion of racist attacks shall not be permitted.

   

  31.              All staff shall be trained to refuse service to underage persons using the Portman Groups dealing with underage leaflet.

   

  32.              All staff shall be aware of their legal responsibilities.

   

  Public safety

   

  1.              CCTV system shall be installed for the purposes of public safety and crime prevention.

   

  2.              Adequate access shall be provided for emergency vehicles.

   

  3.              Prominent posters shall advertise a range of reasonably priced non alcoholic soft drinks.  Cold drinking water shall be available at the bar and a notice of the availability is prominently displayed at suitable locations with the premises.

   

  4.              Facilities and equipment suitable for the number of patrons and the type of event undertaken shall be provided to enable first aid treatment to be given promptly in the event of injury to patrons or staff.

   

  5.              All doors and fastenings at all times shall be kept in proper working order.  Gangways, exit routes and steps shall be maintained in good order with non slippery and even surfaces.

   

  6.              The seating shall at all times ensure free unobstructed access to all exit doors.

   

  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 Licensee/Management and the controlling mechanism shall be operated from a part of the premises not accessible to the public.

   

  2.              The Licensee shall ensure that staff who arrive early morning or depart late at night when the business has ceased trading conduct themselves in such a manner to avoid causing disturbance to nearby residents.

   

  3.              Windows shall be kept closed during entertainment to reduce noise break out.  A management scheme shall be in place to ensure this situation remains.

   

  4.              Patrons shall be asked not to stand around talking in the street outside the premises or any car park, and asked to leave the vicinity quickly and quietly.  An announcement shall be made prior to closing requesting patrons cooperation in leaving the premises and vicinity as quietly and quickly as possible. 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.

   

  5.              Staff shall be positioned at exits, particularly at closing times on busy nights to ensure noise from patrons leaving the premises is minimised.

   

  6.              A specific taxi operator shall been nominated for staff and customers use.  The company's telephone number shall be advertised to customers.  The operator, and all drivers, shall be aware that they should arrive and depart as quietly as possible, shall not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily.  In addition, staff shall leave as quietly as possible particularly at night and early in the morning.

   

  7.              Staff shall check prior to entertainment and periodically during the entertainment that all windows are kept closed.

   

  8.              A senior member of staff 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.

   

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

   

  10.              The premises shall remain open for at least one hour after alcohol is served while patrons are on the premises during which time patrons shall be dispersed gradually.  Music shall be toned down from at least one hour before sales of alcohol are stopped, to facilitate a gradual wind down.

   

  11.              Flashing or particularly bright lights on or outside licensed premises shall be positioned and screened in such a way so as to not cause a disturbance to nearby properties.

   

  The protection of children from harm

   

  1.              In the interests of protecting children from harm, children below the age of 18 shall only be allowed into the rear function room and onto the outside decking providing that they are with a parent/adult at all times.

   

  2.              There shall be no AWPs or cigarette machines in the 'childrens' area.

   

  3.              All children shall vacate the premises by 21.00 hours.

   

•  

  ANNEXE 3

   

  The Prevention of Public Nuisance

   

  1.              Incidental music shall be permitted throughout the period the premises is open to the public.

   

  2.              Noise or vibratoin 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 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.

   

  The Protection of Children From Harm

   

  1.              All cigarette vending machines must be sited to ensure they are under direct supervision of the staff at all times.

   

  2.              All amusement with prizes machines must be sited to ensure they are under direct supervision of the staff at all times.

   

  3.              A management system must be introduced to ensure that staff are aware of the legal requirements relating to underage sales and in particular the prevention of sales from cigarette vending machines to children under sixteen and the prevention from use of AWP machines by those under eighteen.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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