The Old Brewery

Lower Ellacombe Church Road, Torquay, Devon, TQ1 1JH

Completed application 032171 which is a Transfer Application for Premises Licence from 04/07/2013 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

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  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.

   

   

   

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  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

•  

  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

   

   

• PUBLIC NUISANCE

  1.              Sean Martin shall be removed as the designated premises supervisor of the premises.

  2.              The premises licence holder shall ensure that staff check the exterior of the premises at least every 30 minutes so as to ensure that noise from customers is kept to a minimum. A log of such checks and any action taken shall be maintained and produced to a licensing or police officer forthwith upon request.

  3.              No drinks shall be taken or consumed outside after 7 p.m. on any evening.

  4.              The beer garden (namely the area currently comprising tables and benches) shall be cleared and locked by 7 p.m. on every day and shall not be used after 7 p.m.

  5.              No tables or chairs may be placed outside except in the beer garden.

  6.              A sound insulation scheme to minimise noise escape from the beer garden shall be agreed with the Council’s environmental health officer within 28 days and shall then be implemented within 3 months thereafter save and unless planning permission for the agreed scheme is refused. In default thereof, customers shall not be permitted to use the beer garden.

  7.              After 7 p.m., customers may not smoke outside the premises except in a designated smoking area to be agreed between the premises licence holder and the Council’s environmental health officer. No more than 10 persons shall be permitted to smoke outside at any one time.

  8.              The beer garden and smoking area shall contain prominent signage requesting patrons to keep noise to a minimum so as not to disturb neighbouring residents.

  9.              Any amplified music at the premises shall be routed through a sound limitation device set to a level agreed with the Council’s environmental health officer. The device shall thereafter be maintained in a tamper proof box and shall not be altered save in the presence and with the agreement of the said officer.

  10.              All doors and windows are to be kept closed at all times music is playing at the premises save for access and egress.

  11.              No music shall be played outside the premises.

  12.              Noise from the premises shall not amount to a nuisance in any neighbouring dwelling.

  13.              The premises licence holder shall take reasonable steps to ensure that patrons do not remain outside the premises after closing time and that departing patrons do not cause a nuisance to neighbouring residents.

   

   

   

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  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.