Licensing Act 2003 - Premises Licence Register as at 20:37 on 25 November 2024

Ice Bar

37 Abbey Road, Torquay, Devon, TQ2 5NQ

Completed application 035827 which is a Internal Amendment/Variation for Premises Licence from 05/11/2014 to indefinite

Applicant(s)

Full Name	June Leisure Ltd

Designated Premises Supervisor

Full Name	Mr Phillip David Hamilton

Permitted Activities

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
provision of late night refreshment
the sale by retail of alcohol
an exhibition of a film

Premises Open Hours Requested
	Time From	Time To

Wednesday to Saturday	10:00	03:00
Sunday	10:00	03:00
Monday	10:00	00:30
Tuesday	10:00	00:30		On New Years Eve from the end of permitted hours on New Years Eve to the start of permitted hours on the following day.
Activities - Times Requested
	Time From	Time To
B. Exhibition of films (Indoors)

Wednesday to Saturday	10:00	02:30
Sunday	10:00	03:00
E. Performance of live music (Indoors)

Monday to Sunday	18:00	00:00
Non Standard Timings:	18:00	01:00	Bank Holiday Weekends (Fri-Mon)	On New Years Eve from the end of permitted hours on New Years Eve to the start of permitted hours on the following day.
F. Playing of recorded music (Indoors)

Wednesday to Saturday	10:00	02:30
Sunday	10:00	02:30
Monday	10:00	00:00
Tuesday	10:00	00:00		On New Years Eve from the end of permitted hours on New Years Eve to the start of permitted hours on the following day.
H. Entertainment of a similar description to that falling within E, F, or G (Indoors)

Monday to Sunday	10:00	00:00
Non Standard Timings:	10:00	01:00	Bank Holiday Weekends (Fri-Mon)	On New Years Eve from the end of permitted hours on New Years Eve to the start of permitted hours on the following day.
L. Late night refreshment (Indoors)

Wednesday to Saturday	23:00	03:00
Sunday	23:00	03:00
Monday	23:00	00:00
Tuesday	23:00	00:00		On New Years Eve from the end of permitted hours on New Years Eve to the start of permitted hours on the following day.
M. The sale by retail of alcohol for consumption ON and OFF the premises

Wednesday to Saturday	10:00	02:30
Sunday	10:00	02:30
Monday	10:00	00:00
Tuesday	10:00	00:00		On New Years Eve from the end of permitted hours on New Years Eve to the start of permitted hours on the following day.

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.

7)              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.
ANNEXE 2

CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE
General

1.              The premises shall be a member of Pubwatch and a representative shall attend Pubwatch meetings and participate in all initiatives.

2.              Alcohol shall be sold to patrons responsibly at all times.

3.              A winding down period shall be in force at the end of the evening hence the closing time of 30 minutes after the sale of alcohol.

The Prevention of Crime and Disorder

1.              The premises shall be a member of Pubwatch and a representative shall attend Pubwatch meetings and participate in all initiatives.

2.              Irresponsible drinks promotions shall not be permitted.

3.              The premises shall be fully alarmed to deter intruders outside of permitted hours.

4.              Tills shall be emptied each night to avoid having cash on the premises when not in use.

5.              No persons approaching a state of drunkenness shall be admitted.

6.              CCTV shall be installed to the satisfaction of the police and will operate through the time the premises are open to the public and include recording facilities. Recordings to be kept for a minimum of 14 days during which time the police shall have access at any reasonable time.

7.              The premises shall join and participate in the Nitenet Radio Communications Scheme that operates within Torquay.

8.              On every occasion the premises sells alcohol after midnight and remains open after 12.30am, an SIA qualified door steward shall be employed at the premises from 10pm until closing.

9.              All drinks must be served in toughened, strengthened, polycarbonate or plastic glasses, and no drinks to be served in glass bottles, from which it is intended or likely that a person shall drink.

10.              `The door steward shall wear a high visibility reflective jacket for the entirety of his/her duty.

11.              There shall be no entry/re-entry to the premises after 1.30am.

12.              The premises shall join the Torquay Night Time Economy Forum and the DPS or a member of staff must attend at least 2 meetings per calendar year.

13.              The premises must not operate 'all inclusive' drink promotions of any kind.

14.              All drink promotions shall be managed in a responsible manner.

15.              Whenever the premises sell alcohol after 12 midnight and remain open after 12.30am, a personal license holder shall be on duty at the premises from 10pm until closing.

16.              From 10pm each day, all bar staff must be 18 years of age or over.

17.              No under 18 year olds shall be on the premises after 10pm.

18.              There shall be a clear and unobstructed sign displayed on the premises, adjacent to the main exit, notifying customers that on leaving the premises they are entering a no drinking zone.

19.              The DPS shall ensure that an incident book is kept on the premises and that all incidents are recorded therein on a daily basis. This incident book shall be made available for inspection by a police officer, a police licensing officer or a member of the local authority licensing section, on demand and such records to be kept on the premises for a minimum of 12 months.

20.              Any person employed at the premises in the sale and supply of alcohol, shall attend and successfully complete the BIIAB Level 1 Award in Responsible Alcohol Retailing within 2 months of commencing their employment and records of such training and copies of appropriate certificates to be kept on the premises for a minimum of 12 months and be available for inspection by the police or local authority at any time.

Public Safety

1.              Alcoholic and soft drinks shall be served in plastic or toughened glasses.

2.              The premises must comply with regulations enforced by the Devon Fire and Rescue Service.

3.              Drug Awareness and Drink Responsibly Campaign posters must be displayed.

4.              There shall be adequate internal lighting and external street lighting.

5.              Toilets etc shall be kept in a good state of repair.

The Prevention of Public Nuisance

1.              Deliveries of stock must be made during the daytime to avoid evening disturbance.

2.              Air cooling and ventilation systems shall be in place to prevent unpleasant smells emitting from the premises.

3.              A winding down period shall be in force at the end of the evening.

4.              "Please Leave Quietly" notices shall be displayed.

5.              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 will be assessed from the boundary to the nearest residential properties, on all sides of the licensed premises. The criteria that will 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 will 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.

6.              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.

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

8.              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.

9.              A noise limiter shall be installed and set to a level that is approved by the Community Safety department of the local authority. The limiter must be used during all regulated entertainment.

The Protection of Children From Harm

1.              A proof of age policy in line with Police and Local Authority recommendations shall be in place.

2.              There shall be a full range of soft drinks available.

3.              No child shall be admitted unless accompanied by an adult.
ANNEXE 3

CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
General

1. Suitable separation shall be provided for the toilets in the basement area, and these to be completed to the satisfaction of Environmental Health and Consumer Protection, before the basement premises opens.
ANNEXE 4

PLANS

Copy attached to Licence.