Boots and Laces

Torquay United AFC, Plainmoor, Torquay, Devon, TQ1 3PS

Completed application 053459 which is a Request for Removal of Premises Supervisor for Premises Licence from 01/05/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• an exhibition of a film
• provision of late night refreshment
• the sale by retail of alcohol

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.

   

  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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

               

  1.              Suitable signage must be on display in the outside area, strategically positioned indicating "No drinks beyond this point", and this area to be clearly delineated.

   

  2.              There shall be no service of alcohol in bottles from which it is likely or intended that a person shall drink.

   

  3.              The consumption of alcohol in the proposed outside area shall only be by persons sat at tables.

   

  4.              The outside and inside area must be covered by a CCTV camera, to include recording facilities and such recordings to be kept for a minimum of 28 days, during which time the Police shall have access at any reasonable time.

   

  5.              The outside area shall not be used on any match day.

   

  (The conditions 1-5 above have previously been given as assurances on the On licence.)

   

  The prevention of crime and disorder

   

  1.              The maximum number of persons to be permitted within the ground floor function room (not including Boots bar area) shall be 225.

   

  2.              As far as is practical, that persons on or leaving the Premises and using adjacent car parks and highways shall be reminded to conduct themselves in an orderly manner and do not in any way cause annoyance to residents or persons passing by.

   

  3.              A register of all staff, including door supervisors, who are working at the premises whilst the public is present, shall be maintained.  Any person employed or engaged on the premises in a security activity such as the vetting of customers and /or the maintenance of public order at either any entrance to the premises or any part within shall hold the appropriate Security Industry Authority accreditations.

   

  4.              When on duty every attendant shall wear a uniform, distinctive dress or armband and no person under the age of sixteen shall be employed as an attendant on the premises.

   

  5.              A written drugs policy shall be in force on the premises with the objective of securing, as far as reasonably practicable, the safety of patrons and others attending the premises.

   

  6.              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 must be produced, in accordance with documents specified by Torbay Councils 'Statement of Licensing Policy'.

   

  7.              Bar Staff shall be suitably trained to prevent the sale of alcohol to under 18's.

   

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

   

  9.              Patrons shall not be permitted to leave the premises with any glass or bottles which belong to the premises.

   

  10.              Cigarette machines shall be under the supervision of the management.  Cigarettes shall not be sold to anyone under 16 years of age.  A notice to this effect shall be displayed.

   

  11.              On days of sporting events involving Football League, Football Association, Football Conference or other first team cup competitions at the ground there shall be adequate stewarding (a minimum of two stewards) on duty for the period of one hour before the commencement of the event until one hour after its completion.

   

  Public safety

   

  1.              A log book shall be kept upon the premises in which shall be entered particulars of inspections made; those required to be made by Statute, and information complied to comply with any public safety condition attached to the premises licence that requires the recording of such information.  The log book shall be kept available and produced for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.

   

  2.              Adequate access is provided for emergency vehicles.

   

  3.              All parts of the premises and all fittings and apparatus therein, door fastenings and notices and the seating, lighting, heating, electrical ventilation, sanitary accommodation, washing facilities and other installations, shall be maintained at all times in good order and in a safe condition.

   

  4.              Suitable and sufficient lighting shall be provided to the toilets.

   

  5.              Provision shall be made for the collection and disposal of sanitary towels.

   

  6.              Suitable and sufficient ventilation shall be provided to the toilets, for mechanical ventilation, this should provide a minimum of 3 air changes per hour.  For natural ventilation the openable window space shall be a minimum of 1/20 of the floor area.

   

  7.              Where glazing forms part of a door or side panel at below shoulder height it shall be constructed of safety materials.

   

  8.              Where the licence permits the provision of dancing, a suitable and clearly identifiable single area shall be available for this purpose.  The minimum area to be set aside shall be four square meters where the Licence permits a maximum capacity of between 1 and 99 people, six square metres where the Licence permits a maximum capacity between 100 and 199 people and nine square meters where the Licence permits a minimum capacity of over 200.

   

  9.              An area shall be separate from the main dance area with adequate seating and suitable means of providing cool area either by air conditioning or ventilation to the external and so far as is practicable, respite from high levels of noise is provided.

   

  10.              The date on which any staff have obtained first aid qualifications or received refresher training shall be recorded and kept within a log book.

   

  11.              A responsible member of staff shall be designated to take charge of a situation, call an ambulance and administer first aid in the event of any patron or member of staff becoming badly injured or being taken seriously ill whilst on the premises.

   

  12.              In the event of any accident causing injury to any person or property within the Premises, the Licensee shall with 48 hours report the same to the Licensing Authority.

   

  13.              Before the public are admitted to the premises, the management shall inspect or cause to be inspected all doors, exits and exit ways to ensure that they are free from obstruction, adequately lighted and that fastenings and bolts are in proper working order.

   

  14.              Exit routes shall be maintained free from obstruction at all times and in particular, no provision for hanging clothing or storing any article shall be made in corridors, passageways, gangways or exit ways.

   

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

   

  16.              All floors, carpets and upholstery throughout the premises shall be thoroughly cleaned at frequent intervals.

   

  17.              All staircases and landings used by the public have a continuous and uninterrupted handrail to both sides.

   

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

   

  19.              An inspection of the whole of the electrical installation in the premises at least once in each three-year period.  Such inspection shall be carried out by a competent electrician who shall be required to issue a Certificate of Fitness, which shall be produced, to an authorised officer on demand.

   

  20.              The Gas System including appliances shall be inspected and tested by a CORGI registered gas engineer annually and a satisfactory Gas Safety Certificate shall be obtained.  Only CORGI registered contractor can work on gas appliances.

   

  21.              All parts of the premises shall be adequately illuminated and those portions to which the public has access and all routes of escape for performers and staff shall be provided with adequate means of illumination from two independent sources.

   

  22.              In the event of failure of the general lighting, the public shall be required to leave the Premises forthwith.

   

  23.              All lighting to exit notices shall be maintained in good repair and shall not in any circumstances be extinguished or dimmed while the pubic are on the premises.

   

  24.              Space heating apparatus and hot water boilers must be examined and tested and be in a safe working condition.  They shall be tested annually by a recognised insurance company.

   

  25.              No portable heating appliances of any description shall be used in the premises while the public is present.

   

  26.              All parts of the premises shall be kept and sufficiently ventilated in those places where it is required for the purposes of the evacuation of smoke: the system shall be installed and maintained to the satisfaction of the Devon Fire and Rescue Service.

   

  27.              A competent person trained in the handling and use of the fire equipment provided shall be in charge of such equipment during the whole time that the public is on the Premises.  The person so in charge shall not be assigned or allowed to perform any duties which shall prevent him or her from being immediately available at all times.

   

  28.              Immediately a fire is discovered or suspected, the Fire Brigade shall be called immediately by dialing 999.  Any outbreak of fire, however small, shall be recorded in a logbook.

   

  29.              All fire doors shall be maintained effectively self-closing and shall not be held open other than by approved devices such as electromagnetic releases operated by smoke detectors.

   

  30.              When disabled people are present on the premises adequate arrangements shall be in place to enable their safe evacuation in the event and shall be provided where reasonably practicable for access and sanitary facilities.

   

  31.              Provision for disabled patrons shall be provided where reasonably practicable for access and sanitary facilities.

   

  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.

   

  2.              The volume of amplified sound used in connection with the entertainment provided shall at all times by 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.              The patrons/audience shall not be exposed to an event and the peak sound pressure level shall not exceed 140 dB, where the event is likely to exceed 96 dB.  Noise levels in excess of these levels can cause hearing damage.

   

  4.              Noise levels within the premises resulting from the operation of any musical instrument or amplified equipment shall be regulated so as to protect the hearing of any employee therein accordance with current standards.

   

  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 takes place at times that shall prevent disturbance to nearby properties.

   

  7.              Deliveries of kegs, bottle, food or other materials necessary for the operation of the business shall be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.

   

  8.              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.

   

  9.               A specific taxi operator has been nominated for staff and customers use. The company's telephone number is advertised to customers.  The operator and all drivers are aware that they shall 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.

   

  10.              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 buildings.

   

  11.              Bottle skips and bins containing cans or bottles shall not be emptied outside after closing but shall be dealt with the next day during normal office hours.

   

  12.              The premises shall remain open for at least half an hour after alcohol is served, during which time patrons shall be dispersed gradually.

   

  The protection of children from harm

   

  1.              Accompanied children under the age of 16 shall be permitted into all seated areas within the premises.

   

  2.              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, in accordance with documents specified by Torbay Councils 'Statement of Licensing Policy'.

   

  3.              Bar staff shall be suitably trained to prevent the sale of alcohol to under 18's.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  The Prevention of Crime and Disorder

   

  1.              A CCTV system of an evidential standard must be installed to the satisfaction 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 28 days and the police to have access to recordings at any reasonable time.

   

  2.              On every occasion that the premises sells alcohol to the public after midnight and then closes after 12.30am, SIA door staff must be employed from 10.00pm until closing, the ratio of stewards to customers on the premises being no less than 1:75.

   

  3.              On every occasion that the premises extends its hours of operation for the sale of alcohol after midnight, then for the whole of that operational day all drinks must be served in toughened or strengthed glasses and no alcohol shall be served in glass bottles from which it is intended or likely that a person shall drink.

   

  4.              There must be no entry or re-entry to the premises after 12 midnight.

   

  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 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.

   

  2.              To allow live and amplified music inside and to reduce noise breakout, doors and windows facing onto any noise sensitive premises (e.g. dwelling) shall be kept shut during entertainment.  A management scheme shall be in place to ensure this situation remains.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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