Torbay CouncilLicensing & Public Protection

Hotel Regina

Victoria Parade, Torquay, Devon, TQ1 2BE

Premises Licence PL0412 from from 23/01/2023 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

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

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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  The Prevention of Crime and Disorder

   

  1.                All bottled drinks shall be served into glasses and the bottle retained in the 'bottle bank', before the drink is made avaiable to the public.

   

  2.                Drinking outdoors must be stricly forbidden.

   

  3.                Capacity limits shall be set at the limit as agreed with the Fire Officer to prevent overcrowding, which could lead to crime and disorder.

   

  4.                Anyone appearing under the age of 18 years shall be required to provide proof of their age, by way of a valid passport or driving licence.

   

  5.                Irresponsible drinks promotions shall not be permitted.

   

  6.                An anti drug policy shall be in force.

   

  7.                A secure facility to store controlled drugs shall be available.

   

  8.                A Night Manger shall be on duty throughout the night and he shall make periodic inspections of the premises.

   

  9.                An incident book shall record details of all instances of public disorder.

   

  Public Safety

   

  1.                All electrical equipment, including portable applicances shall be subject to an annual inspection and test by a competent person and the same is recorded.

   

  2.               Where temporary electrical equipment is used, a suitable circuit breaker device shall be installed to cover this equipment.  The circuit breaker operates at a current of 30 amperes and below and complies with BS 4293.  The device shall be tested monthly and the same is recorded.

   

  3.                The gas system, including appliances and the boiler, shall be inspected and serviced annually by a CORGI registered gas engineer. A satisfactory gas safety certificate shall be obtained thereafter.

   

  4.                All safety certificates and inspection reports shall be kept on site and made available for inspection by relevant officers.

   

  5.                Free drinking water shall be available at all times.

   

  6.                A qualified first aider must be available on site at all times.  An adequate and appropriate supply of first aid equipment and materials shall be available on site at all times for use by the first-aider.

   

  7.                The maximum occupancy for the premises shall be set in agreement with the Council and local Fire and Rescue, based upon fire safety issues, available floor space and the numbers of WCs.

   

  8.                The numbers of members of the public entering the premises shall be recorded in a daily log book (as they enter) and shall add this number to the overnight number of guests as a running total.  Once the maximum occupancy figure has been reached, the licensees shall cease to allow any further members of the public to enter the premises.

   

  9.                Exit routes and steps must be maintained in good order with non-slippery and even surfaces.  Steps and stairways are conspiciously marked with bright 'nosings'.

   

  10.                All staff shall have received suitable training as to what to do in an emergency and in general safety precautions.

   

  11.                Regular collection of glasses shall be undertaken throughout the course of the permitted hours.

   

  12.                A microphone system shall be available to enable announcements to be made about public safety if required.

   

  13.                The music as so created by the Artists shall not exceed 90 decibels.

   

  The Prevention of Public Nuisance

   

  1.                All external doors and windows shall be kept shut, other than for access and egress, in the entertainments room where the Artists are performing, to help contain the noise to within the building.

   

  2.                The emergency exits shall be well fitted and are kept shut during opening hours.

   

  3.                Staff shall check prior to the entertainment and periodically during the entertainment that all windows and doors are shut.

   

  4.                The Manager shall regularly assess the impact of any noisy activities on neighbouring residential premises at the start and periodically throughout the evening of the activity/entertainment and take any necessary action to ensure that suitable adjustments are made.

   

  5.                The Manager shall control the sound levels of the entertainment.

   

  6.                To prevent entertainment being intrusive, noise emanating from the premises shall not be clearly audible from a distance of 1 metre from the facade of the nearest residential property.

   

  7.                To prevent entertainment being intrusive, noise emanating from the premises shall not exceed 5 decibels in any octave band for a 5 minute period above background level, at the facade of the nearest residential property.

   

  8.                Between 23.00 and 00.00, to prevent entertainment being intrusive, noise emanating from the premises shall not be clearly distinguishable above background levels and shall not cause a statutory nuisance.

   

  9.                Between 00.00 and 01.00, to prevent entertainment being intrusive, noise emanating from the premises shall not be distinguishable above background levels and shall not cause a statutory nuisance.

   

  10.                Mechanical ventilation systems must not allow noise from the premises to cause a nuisance by way of their operation.

   

  11.               Annual maintenance of the mechanical ventilation systems shall be carried out to ensure that noise disturbance from such sources does not occur.

   

  12.                All goods shall be delivered to the premises between 09.00 and 17.00..

   

  13.                The incidence of deliveries shall be kept to a minimum, generally being one delivery each week from each supplier excepting the supplier of fresh fruit and vegetables, whom delivers 3 to 4 times each week.

   

  14.                The handling of beer kebs and bottles must not take place in the evening or during the night and nor does not take place in the early morning, when the noise generated could cause a nuisance.

   

  15.                Bottle skips and bins shall be emptied outside between 09.00 and 17.00.

   

  16.                Rubbish shall be dealt with outside of the premises between 09.00 and 17.00.

   

  17.                All the rubbish generated by the premises shall be stored securely in a suitable container for this purpose.

   

  The Protection of Children From Harm

   

  1.                Proof of age shall be required if any person appears to be less than 18 years old.  The accepted proof is that of a valid passport or driving licence.

   

   

  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:

   

  (a)               during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

   

  (b)               during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
   

  (c)               during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
   

  (d)               consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
   

  (e)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
   

  (f)               the sale of alcohol to a trader or club for the purpose of the trade or club.
   

  (g)               the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
   

  (h)               the taking of alcohol from the premises by a person residing there; or
   

  (i)               the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
   

  (j)               the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of the employer or of the person carrying on or in charge of the business on the premises.

  Credit Sales

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

   

  (a)               with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
   

  (b)               for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
   

  (c)               to a canteen or mess.

   

•  

  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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