Mambo/The Kennel

7 The Strand, Torquay, Devon, TQ1 2AA

Completed application 034865 which is a Minor Variation Application for Premises Licence from 13/06/2014 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

•  

  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.

   

  8)              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.

   

   

   

•  

  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).

   

•  

  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.

   

   

  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.

   

   

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

   

  3.              No person under the age of 18 years shall be permitted on the premises after 19:00 hours unless accompanied by a responsible adult and eating a meal within the designated dining area up until 23:00 hours, or attending a private function on the 3rd floor / Rooftop Terrace up until 01:00 hours.

   

•  

  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.

   

   

   

  CONDITIONS ATTACHED AFTER A REVIEW HEARING BY THE LICENSING AUTHORITY

   

  The Prevention of Crime and Disorder

   

  1.              CCTV capable of providing pictures of an evidential standard in all lighting conditions, particularly with regard to facial recognition, shall operate within the premises throughout the times the premises are open to the public.  All recordings from the system shall be kept for a minimum of 14 days and copies of recordings to be supplied to the police within 7 days of the request.
   

  2.              A member of staff who is trained in the operation of the CCTV system shall be available at all times the premises is open.
   

  3.              Any identified defect in the CCTV system shall be logged at the premises and remedied as soon as reasonably practicable.  The Police Licensing Officer or Police Licensing Team shall be notified by email of all defects, action required to rectify the situation and time frame for such action within 24 hours of a defect being identified.
   

  4.              In relation to the ground, first and second floors, all drinks must be served in toughened or strengthened glasses before10.00 pm daily, and from thereafter until closing time all drinks must be served in plastic or polycarbonate vessels.  In addition, from 11.00 pm daily no alcohol shall be served in glass bottles from which it is intended or likely that a person shall drink.
   

  5.              On the 3rd floor from 11.00 pm no alcohol shall be served in glass bottles from which it is intended or likely a person shall drink.

   

  6.              Regular glass collections shall be in operation throughout the premises, to ensure the premises are cleared of glasses and bottles as quickly as possible.
   

  7.              All glass collectors shall wear readily identifiable uniforms.
   

  8.              The DPS and all Personal Licence Holders shall be trained in first aid.             
   

  9.              The premises will have a management scheme in place to ensure that all areas of the premises do not become overcrowded, even if the capacity for that area has NOT been reached.
   

  10.              Where customers wait in a queue for admission to the front door entrance or parts of the premises where appropriate, all reasonable steps will be taken to ensure that such persons do not obstruct exits, passageways and stairways.
   

  11.              Any persons 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 employment, or for existing staff within 2 months of the date of this hearing.
   

  12.              The DPS must hold or complete the BIIAB National Certificate for Designated Premises Supervisors within 2 months of commencing employment at the premises or for the current DPS, within 2 months of the date of this hearing.
   

  13.              A record of all staff training, including copies of all relevant BIIAB Certificates, shall be kept at the Head Office for a minimum period of 12months and be available to the police or Local Authority Licensing Officers for inspection on demand. 

   

  14.              A Personal Licence Holder shall be on duty at all times when the premises sell or supply alcohol.
   

  15.              Notices regarding the refusal of sale of alcohol to persons, who appear drunk, shall be prominently displayed at all points of sale and supply of alcohol, for the attention of persons so employed.
   

  16.              Notices regarding the refusal of sale of alcohol to persons, who appear drunk, shall be prominently displayed at all points of sale on each floor of the premises and at the entrance to the premises, for the attention of all customers.
   

  17.              Every incident of serious crime and disorder on the premises shall be immediately reported to the emergency services and the DPS or the Duty Manager. Any other incident of crime and disorder shall be reported to the police within 12 hours.

   

  18.              An accurate record of all serious crime and disorder incidents must written in the Incident Book, along with the names and addresses of the individuals, if possible, and passed onto the appropriate authority.  In the absence of this, should an individual refuse to wait for the attendance of the emergency services, then the timings should be logged along with the accurate record of the incident so as to allow the CCTV system to assist in the identification of individuals.
   

  19.              The DPS or the Duty Manager must notify the Premises Licence Holder within 24 hours of all incidents of serious crime and disorder.
   

  20.              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 record shall include the full names of all persons involved, if possible or practical to do so.  The incident Book shall be made available for inspection by a police officer, a police licensing officer or Officers of the local authority on demand, and such records shall be kept at the premises for a minimum of 12 months.
   

  21.              The premises shall maintain a Refusals Log and record all reasons for refusing entry, and where practical, record details of all persons refused entry. This record shall be made available for inspection by a police officer, a police licensing officer or Officers of the local authority on demand, and such records shall be kept at the premises for a minimum of 12 months.
   

  22.              Where a Pubwatch Scheme exists, the premises shall join and actively participate by providing details of all individuals involved in violence on the premises.
   

  23.              The premises shall operate a Challenge 25 policy and all staff shall be trained in respect of this, to ensure that it is complied with at all times.
   

  24.              No member of staff shall be permitted to sell alcohol until they have completed the Challenge 25 training.
   

  25.              A record of the Challenge 25 training shall be kept on the premises and shall be made available for inspection by a police officer, a police licensing officer or Officers of the local authority on demand, and such records shall be kept at the premises for a minimum of 12 months.
   

  26.              Staff training on a Challenge 25 policy shall include the risks to young people in respect of the consumption of alcohol.

   

  27.              The premises shall provide cloakroom facilities and display posters to this effect on each floor of the premises.
   

  28.              Notices warning of potential thefts of mobile phones, handbags and wallets will be prominently displayed on each floor of the premises.
   

  29.              A designated room will be used to search entrants and detain suspects until police arrival.  This area will be covered by CCTV.

   

  30.              The first floor bar shall have a clearly defined dance floor area, which will be easily identifiable.
   

   

  The Prevention of Public Nuisance

   

   

  1.              No drinks shall be permitted on the first floor balcony area after 12 midnight.
   

  2.              At all times the first floor balcony area is open after 10.00 pm, the area shall be directly supervised by a SIA door steward who shall ensure as part of their duties that excessive noise is not generated by balcony patrons so as to unreasonably disturb nearby residents. 
   

  3.              Patrons who behave in a noisy or disorderly manner on the first floor balcony area shall be removed from the balcony area and asked to leave the premises.
   

  4.              The door to the first floor balcony area shall be the only point for access and egress to this area and opened for those purposes only.
   

  5.              The door to the first floor balcony area shall have an acoustic lobby constructed to the satisfaction of the responsible authority for public nuisance and planning (should planning permission be necessary) by the 1 October 2012.  It shall be constructed and operated to ensure that if regulated entertainment is being played, only one door shall be opened at any time to prevent noise breakout.  These doors shall be fitted with automatic closers.
   

  6.              All regulated music should be played through a noise limiter which is to be set at a reasonable level as agreed with the local responsible authority for public nuisance; this is to be independently calibrated and copies of reports forwarded to the responsible authority for public nuisance within 21 days of any recalibration.  It shall be sealed in a tamper proof box and adjustments shall only be made with the written permission of the responsible authority for public nuisance.

   

  7.              No changes shall be made to the public address system without prior written permission of the Responsible authority for public nuisance.

   

   

  The Protection of Children from Harm

   

  1.              No person under the age of 18 years shall be permitted on the premises before 19.00 unless accompanied by a responsible adult.

   

  2.              The premises shall display clear signage which states when and where persons under 18 years are permitted on the premises.

  
  
   

  CONDITIONS ATTACHED AFTER AN APPEAL HEARING BY THE LICENSING AUTHORITY

   

  The Prevention of Crime and Disorder

   

  1.               On Wednesday, Thursday, Friday and Saturday nights when the premises remains open for the sale of alcohol after midnight and then closes after 00:30 hours, a minimum of 6 SIA door supervisors (including one female) shall be employed on the premises, unless stipulated in accordance with the exemption specified in Condition 2 below.  This condition shall also apply on Christmas Eve and New Years Eve when they do not fall on a Wednesday, Thursday, Friday, Saturda or Sunday, and all Bank Holiday Mondays.  On all other occasions the Premises Licence Holder shall risk assess the requirement for door stewards, and employ such door stewards, if at all, in such numbers and at such times determined by that risk assessment.

   

  2.              In accordance with Condition 1 above, SIA stewards will be situated as follows:

                Frront door - 2 SIA from 10.00 pm until the premises are closed and all patrons have been dispersed.  These stewards will control the overall capacity of the premises by use of a clicker system.  The clicker system so as to inform an authorised person of the actual number of patrons in the premises upon request.

                1st floor main bar - a minimum of 1 SIA steward from 10.00 pm.

                1st floor balcony terraced area - 1 SIA steward from 10.00 pm on the balcony.

                2nd floor club (when open) a minimum of 1 SIA steward from 10.00 pm.

                3rd floor rooftop (when open) a minimum of 1 SIA steeward from 10.00 pm.

   

  3.              The occupancy of each floor and terraced area will be controlled by Capacity Stewards situated at the entrance of each floor and terraced area (when open) using a clicker system.  The clicker system in place shall be accurate so as to inform an authorised person of the actual number of patrons on request.

   

  4.              The Capacity Stewards in control of the capacity on each floor and terraced area (when open) shall inform the front door SIA stewards when the floor area has reached it's capacity to allow the SIA stewards to direct patrons to floors within the premises which have capacity to accommodate them.

   

  5.              The premises will ensure that the below capacities are not exceeded at any time:
  Ground floor cafe - maximum of 80 persons

                First floor - total of 130 persons to include a maximum of 60 on the balcony

                Second floor - 110 persons

                Third floor - 60 persons including persons on that balcony

   

  6.              There will be no 2 for 1 drinks after midnight.

   

  7.              After 10.00 pm patrons using the first floor balcony area shall be seated  at all times.

   

  8.              Sunday to Thursday inclusive, the first floor balcony area from 12.00 midnight to 02.00 am shall be a designated smoking area only, and no drinks shall be permitted in this area during this period.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.