Princess Theatre

Torbay Road, Torquay, Devon, TQ2 5EZ

Open application 068284 which is a Change of Supervisor for Premises Licence to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• a boxing or wrestling entertainment
• a performance of live music
• any playing of recorded music
• 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 a play
• 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:  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

   

  General

   

  1.              The general management shall continue to operate good practice procedures and ensure that there is appropriate stewarding for every event.

   

  2.              Hypnotism (as described by the Hypnotism Act 1952) shall only be permitted on the premises provided at least 28 days' notice of such entertainment has been given to the Licensing Authority.

   

  3.              There shall be specific risk assessments for each individual production or entertainment. These risk assessments shall also incorporate stage lighting, special effects andother equipment safely checks.

   

  4.              There shall be an ongoing maintenance schedule.

   

  5.              The sale and supply of alcohol at the premises after 12 midnight shall be restricted to persons attending productions at the theatre or pre-arranged functions to which the public are not admitted.

   

  6.              The upper circle must be stewarded at all times during performances so as to control patrons.

   

  7.              Additional signage must be placed (in the horizontal plain) on the upper circle front barrier advising patrons not to place anything on barrier and not lo sit on or lean over It.

   

  The prevention of crime and disorder

   

  1.              A member of staff shall be on duly on the ground and first floor auditoriums throughout the time that these areas are in use and alcohol is being sold.

   

  2.              All staff engaged in licensable activity at the premises will receive training and information in relation to the following:

   

                I. The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

                II. The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

                III. How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

                IV. Recognising the signs of drunkenness.

                V. The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.

                VI. Action to be taken in the event of an emergency, including reporting an incident to the emergency services. Training shall be recorded in documentary form and shall be regularly refreshed at regular intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority. Training records will be retained for at least 12 months.

   

  3.              An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details:

   

                I. Any incidents of disorder or of a violent or anti-social nature.

                II. All crimes reported to the venue, or by the venue to the police.

                III. All ejections of patrons.

                IV. Any complaints received.

                V. Seizures of drugs or offensive weapons.

                VI. Any faults in the CCTV system.

                VII. Any visits by a responsible authority (under the Licensing Act 2003) or emergency service. Records must be completed within 24 hours of any incident, and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident. The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.

   

  4.              A written drugs policy shall be in place and operated at the premises. It must detail the actions taken to minimise the opportunity to use or supply illegal substances within the premises. The policy must be made available for inspection and copying upon request by an authorised officer of a responsible authority.

   

  5.              The premises shall operate and maintain a digital colour CCTV system to the satisfaction of the Police and Local Authority. As a minimum, the system must:

   

                I. Cover all public areas of the licensed premises, including entry and exit points. This also includes any outside areas under the control of the premises licence holder.

                II. Record clear images permitting the identification of individuals and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition.

                III. Continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

                IV. Have a constant and accurate time and date generation.

                V. Store recordings for a minimum period of 14 days with date and time stamping.

                VI. Viewable copies of recordings will be provided on request to the police and local authority officers as soon as is reasonably practicable and in accordance with the Data Protection Act 1998 (or any replacement legislation)

                VII. The CCTV system will be capable of downloading images to a recognisable viewable format.

   

  Public safety

   

  1.              The premises shall continue to operate strict procedures for the safety and convenience of employees and members of the public.

   

  2.              Risk assessments tor the venue shall continue to be on and ongoing basis and incorporate health and safety, fire safety and evacuation policies and procedures, which include patron evacuation drills.

   

  3.              The use of glass drinking vessels in the auditorium will be risk assessed. A copy of the risk assessment will be kept on site and made available to authorised representatives of the responsible authorities.

   

  4.              There shall be no use of explosives, pyrotechnics and fireworks of a similar nature which could cause disturbance to surrounding areas are restricted.

   

  The prevention of public nuisance

   

  1.              Each event shall be monitored by duty management to ensure public nuisance is avoided.

   

  2.              High quality sound insulation must be provided in the building.

   

  3.              The outside areas where alcohol is serviced shall be closed to the public after 12 midnight.

   

  4.              The theatre shall be closed to the public from 02.30 hours on a nightly basis.

   

  5.              The premises shall carry out a noise risk assessment a copy of which shall be kept on the premises and made available to representatives of the responsible authorities on request on the basis of the following criteria:

   

                I. Before 2300 noise emanating from the premises shall not be distinguishable above other noise.

                II. After 2300 - noise emanating from the premises shall not be distinguishable above other background noise levels.

                III. A senior member of staff at the premises shall assess the impact of any noise generating activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity to ensure that levels of noise have not increased.

   

  6.              Entrances must be provided with lobbies with automatic door-closers. The lobbies shall be in use throughout the tire of entertainment.

   

  7.              No music or speech shall be relayed by external amplified speaker.

   

  8.              The movement of bins, placing of rubbish, handling of kegs or bottles shall be kept to a minimum after 11pm.

   

  The protection of children from harm

   

  1.              The premises licence holder will maintain and operate a Child protection policy which will include appropriate training for all members of staff commensurate with their duties.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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