Mambo/The Kennel

7 The Strand, Torquay, Devon, TQ1 2AA

Completed application 041237 which is a Transfer Application for Premises Licence from 06/08/2015 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
• 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 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.

   

   

   

  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

   

   

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

   

  4.              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.

   

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

   

  6.              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.              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.
   

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

  5.              Any identified defect in the CCTV system shall be logged at the premises and remedied as soon as reasonably practical.  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.

   

  6.              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.

   

  7.              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.

   

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

  9.              All glass collectors shall wear readily identifiable uniforms.

   

  10.              The premises shall 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.

   

  11.              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.

   

  12.              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.

   

  13.              The DPS must hold or complete the BIIAB National Certificate for Designated Premises Supervisors within 2 months of commencing employment at the premises.

   

  14.              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. 

   

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

  16.              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.

   

  17.               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.

   

  18.              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 24 hours.

   

  19.              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.
   

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

  21.              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.
   

  22.              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.

   

  23.              The Premises licence holder will ensure that the DPS or other nominated person shall attend at least two meetings of the Torquay Licensing Forum per calendar year, together with any other meetings arranged by the police in respect of high risk events.

   

  24.              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.

   

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

  26.              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.
   

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

   

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

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

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

   

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

   

  32.               1. Door Steward Provision:

                a) Between 1st April and 30th September on Wednesday, Thursday, Friday and Saturday nights when the premises remains open for the sale of alcohol after midnight and then closes after 0030am, 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 1c below. On all other occasions between 1st April and 30th September the Premises Licence Holder shall risk assess the requirements for door stewards and employ such door stewards, if at all, in such numbers and at such times determined by that risk assessment.

                b) Between 1st October and 31st March on Friday and Saturday nights when the premises remain open for the sale of alcohol after midnight and then closes after 0030 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 1c below. This condition shall also apply on Christmas Eve and New Years Eve when they do not fall on a Friday and Saturday. On all other occasions between 1st October and 31st March the Premises Licence Holder shall risk assess the requirements for door stewards, and employ such door stewards, if at all, in such numbers and at such times determined by that risk assessment.

                c) In accordance with 1a and 1b above, SIA stewards will be situated as follows:             

  - Front door - 2 SIA from 10pm until the premises are closed and all patrons have been dispersed. These stewards will control the overall capacity of 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 floor - minimum of 1 SIA steward from 10.00pm.

  - 1st floor balcony terrace area - 1 SIA steward from 10.00pm

  - 2nd floor club (when open) a minimum of 1 SIA steward from 10pm.

  - 3rd floor rooftop (when open) a minimum of 1 SIA steward from 10pm.

   

  33.              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 numbers of patrons on request.

   

  34.              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 its capacity to allow the SIA stewards to direct patrons to floors within the premises which have capacity to accommodate them.

   

  35.              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 150 persons to include 60 on the balcony.

                - Second floor - 110 persons.

                - Third floor - 60 persons including persons on that balcony.

   

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

   

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

   

  38.              On every operational day when supervisor’s area required, then those SIA door supervisors employed in front of house duties must wear YELLOW high visibility jackets for the entirety of their duties.

   

  Public Safety

   

  1.              The DPS and all personal license holders shall be trained in first aid.

   

   

  The Protection of Children from Harm

   

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

   

  2.              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.

   

  3.              The premises shall operate a Challenge 25 policy and any individual who appears to be under the age of 25 will be required to produce an approved form of photographic identification.

   

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

   

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

   

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

   

   

  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.

   

  4.              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.

   

  5.              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.

   

  6.              The lobby on the first floor leading to the balcony must be operated in such a way to ensure that is regulated entertainment ins being played inside the premises, only one door of the lobby shall be opened at any time to prevent noise breakout. These doors shall be opened at any time to prevent noise breakout. These doors shall be fitted with automatic door closers. Any element of the lobby must not be changed or removed without the approval by Officers of the Council’s Public Protection Team.

   

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

   

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

   

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

                b) At all times the first floor balcony area is open after 10.00pm and closes by midnight, this area shall be directly supervised by a responsible person who shall ensure as part of their duties that excessive noise is not generated by balcony patrons so as to unreasonable disturb nearby residents.

                c) A two radio system will be in place at all times from 10pm for the responsible person to communicate with management and or door staff.

   

  10.              Patrons who behave in a noisy manner on the first floor balcony and Rooftop balcony areas shall be and asked to leave the premises.

   

  11.              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.

   

  12.              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.

   

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

   

  14.              If Torbay Council received a complaint of noise nuisance emanating from the premises and an Environmental health officer of Torbay Council deems noise nuisance to exist and the upholds the complain, the Premises Licence Holder shall on receiving written confirmation of that complaint from Torbay Council:

                a) Co-Operate with Torbay Councils Environmental Health Officers and implement remedial measures to the satisfaction of the Environmental Health Officers immediately or as reasonably practicable to do so, as determined by the Environmental Health Officer, the 1st floor terrace area shall be closed to all patrons at midnight until such times that the noise nuisance can be identified and the necessary remedial work can be carried out.

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.