Mambo/The Kennel

7 The Strand, Torquay, Devon, TQ1 2AA

Completed application 027401 which is a Change of Supervisor for Premises Licence from 01/02/2012 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of dance
• 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
• the sale by retail of alcohol
• a performance of live music
• any playing of recorded music
• an exhibition of a film

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.

   

  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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  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.

   

   

   

  MANDATORY CONDITION:  EXHIBITION OF FILMS

   

  1)       Where the film classification body is specified in the licence, admission of children must be restricted in accordance with any recommendation made by that body.

   

  2)       Where -

   

  ()        the film classification body is not specified in the licence, or
   

  ()        the relevant licensing authority has notified the holder of the licence that this condition applies to the film in question,
   

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  In the case of the aforementioned conditions

                “children” means persons aged under 18; and

                “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (authority to determine suitability of video works for classification).

   

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  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

• Additional Conditions Transferred from the Licence

   

  1.              Full CCTV system to operate on both floors and the outside terrace area, such CCTV system to be maintained and used at all times the premises are open to the public and to include full recording facilities and a monitor behind both bar serveries on the ground and first floor for viewing by staff.  All recordings to be kept for a minimum of 14 days and the police shall have access to recordings at any reasonable time.

   

   

• Additional Conditions Transferred from Public Entertainment Licence

   

  1.              On every day when the premises are open, the following conditions will apply:-

   

                a.  The volume of all amplified music shall be at a level to be set and agreed to the satisfaction of the council.  The settings shall be secured in a locked area and capable of amendment only by the manager or licensees following appropriate application to and consultation with the council.

   

                b.  All windows and doors shall be kept closed from 11pm each night.  Entry to and exit from the premises shall be by way of the Strand entrance only.  This condition will be in force in all circumstances except when an emergency evacuation of the premises is necessary.

   

               

   

   

•  

  General

   

  1.              There shall be no entry/re-entry to the premises after 2am.

   

  2.              A full range of non-alcoholic drinks shall always be available.

   

  3.              In respect of the first floor balcony, the consumption of alcohol in the designated red zone shall be by persons sat at tables only and in the designated green zone shall be by persons standing.

   

  4.              The Regulatory Reform (Fire Safety) Order 2005 shall be adhered to at all times.

   

  5.              When standing is permitted on the First Floor Balcony, an SIA steward must be in attendance on the balcony for the purpose of supervising public safety and preventing crime and disorder. 

   

  6.              Consumption of alcohol on the ground floor terrace shall be by persons seated only and no alcohol shall be served in glass bottles within those areas from which it is intended or likely that a person shall drink.

   

  7.              Entry to and exit from third floor must be by way of access from second floor only.

   

  8.              In respect of third floor Terrace, consumption of alcohol shall be by persons sat at tables only in the red zone and standing shall be permitted on green zone.

   

  9.              Access to the first floor balcony and third floor Terrace between the hours of 02.00 and 03.00 shall be as a designated smoking area with an SIA steward in attendance.  No drinks shall be permitted.

   

  The Prevention of Crime and Disorder

   

  1.              'Chill out' music shall be played in the last hour of operation.

   

  2.              The premises must be a member of Night Net Radio system.

   

  3.              The premises shall join and maintain membership of the Torquay Night Time Economy Forum where premises management shall attend at least two meetings per calendar year.

   

  4.              On every operational day when door supervision is required then those SIA door supervisors employed in front of house duties shall wear high visibility reflective clothing (jackets/T-shirts) for the entirety of their duty.

   

  5.              All drinks must be served in shatterproof glasses and no alcohol shall be served in glass bottles after 11.00pm from which it is intended or likely that a person shall drink.

   

  Public Safety

   

  1.              Staff must be trained in first aid.

   

  2.              On any Thursday, Friday, Saturday and Sunday night the premises remain open for the sale of alcohol after midnight and then closes after 0030hrs, SIA door supervisors shall be employed on the premises from 22.00hrs until close, at a ratio of 1 supervisor per 100 customers.  (This condition shall also apply on Christmas Eve and New Years Eve when they do not fall on a Thursday, Friday, Saturday or Sunday.)  On all other occasions, the premises licence holder shall risk assess the requirement for door supervisors and employ such door supervisors, if at all, in such numbers and at such times determined by that risk assessment.

   

  3.              A safe capacity of the whole premises and each floor of the premises shall be maintained at all times.  Such capacities to be agreed with the Fire Authority.

   

  The Prevention of Public Nuisance

   

  1.              Customers must be encouraged to depart quietly.

   

  2.              Windows must be kept closed after 23.00.

   

  3.              Entry and exit from the premises must be by way of the Strand entrance only.

   

  The Protection of Children from Harm

   

  1.              Unaccompanied children must not be permitted on the premises.

   

  2.              Accompanied children shall only be permitted on the premises for the consumption of substantial food.

   

  3.              Regular ID checks shall be carried out and only current photo card driving licence and passports shall be accepted as ID.

   

  4.              No under 18's shall be permitted after 2100 hours.

   

   

   

   

   

   

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  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

•  

  General

   

  1.              Access to and use of the 3rd Floor balcony after 1am and until 2am shall be as a designated smoking area only for no more than 20 persons with an SIA Door Steward in attendance, and no drinks shall be permitted in this area after 1am.

   

  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 shall be kept shut during entertainment to reduce noise breakout.  A management scheme shall be in place to ensure this situation remains.

   

  3.              Entrances shall be provided with lobbies with automatic door-closers.  The lobbies shall be in use throughout the time of entertainment.

   

  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.

   

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

   

  6.              Regular maintenance shall be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.

   

  7.              Regulated entertainment upon the terrace shall cease by 19.00 hrs.

   

  The Protection of Children from Harm

   

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

   

  2.              A management system shall be introduced to ensure that staff are aware of the legal requirements relating to underage sales and the prevention from use of AWP machines by those under eighteen.

   

   

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  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.