Shark Bar

12/14 The Terrace, Torquay, Devon, TQ1 1BN

Completed application 020439 which is a Change of Supervisor for Premises Licence from 28/01/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol
• an exhibition of a film
• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• entertainment facilities for dancing

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.

   

   

  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).

   

   

  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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

•  

  General

   

  1.              The licensees shall continue to work closely with the police in all matters that shall arise.

   

  The Prevention of Crime and Disorder

   

  1.              There must be a clear and consise door policy to keep out undesirables and known troublemakers.

   

  2.              The door staff must be SIA registered.

   

  3.              Anti-social behaviour must be stopped immediately to ensure the environment is safe for everyone.

   

  4.              There must be enought staff to deal with the number of guests.

   

  5.              Snacks must be stocked at all times.

   

  6.              There shall not be a last orders regime that encourages a last minute rush.  Guests must not be served several drinks just before closing unless he is clearly buying for a group.

   

  7.              There must be a member of staff allocated to clear used glasses regularly and a system must be in place to deal with spillages.

   

  8.              As far as is practical, that persons on or leaving the Premises and using adjacent car parks and highways must be reminded to conduct themselves in an orderly manner and do not in any way cause annoyance to residents or persons passing by.  This shall be done with the use of signage and staff asking them politely to be as quiet as possible.

   

  9.              Clear and conspicuous notices warning of potential criminal activity (example drink spiking) within the premises that may target patrons of the premises shall be displayed.

   

  10.              Sufficient numbers of door supervisor/stewards who are suitably trained shall be provided on the premmises, depending on the actitivites or entertainment taking place on site and the liklihood of overcrowding.  Door supervisor shall need to be licensed with the Security Industry Authority.

   

  11.              To prevent the sale of alcohol to persons under the age of 18 years suitable written proof of age from young people attempting to purchase alcohol must always be required, acceptable proof shall be driving licence (with picture and another form of ID), passport or birth certificate with back up ID.  Prove it cards shall not be acceptable as these are readily available as a counterfeit.

   

  12.              Bar staff must be suitably trained to prevent the sale of alcohol to under 18's.

   

  13.              Regular glass and bottle collection must be undertaken throughout the premises.

   

  14.              Patrons shall not be permitted to leave the premises with any glass or bottles which belong to the premises.

   

  15.              The use or distribution of Class A drugs must not be tolerated.

   

  16.              The bar must not allow prostitution or sale of unlawful pornography.

   

  17.              The sale of smuggled tobacco and alcohol must not be permitted, staff must be trained to be vigilant.

   

  18.              The organisation of facists activity on the promotion of racist attacks must not be permitted.

   

  19.              There shall be a policy to work closely with the police to prevent the consumption and supply of illegal drugs with the use of the Ion track itemiser, Drug Detection "Machine" when available from the police and also the alertness and training of staff.

   

  Public Safety

   

  1.              A digital CCTV system shall be installed for the purposes of public safety and crime prevention.  Notices must be in prominent positions to make the public aware of this.  The images must be recorded for a minimum of 31 days.

   

  2.              Adequate access must be provided for emergency vehicles.

   

  3.              Facilities and equipment suitable for the number of patrons and the type of event undertaken shall be provided to enable first aid treatment to be given promptly in the event of injury to patrons and staff.

   

  4.              All doors and fastenings shall at all times be kept in proper working order.  Gangways, exit routes and steps shall be maintained in good order with non-slippery and even surfaces.

   

  5.              The seating shall at all times ensure free unobstructed access to all exit doors.

   

  The Prevention of Public Nuisance

   

  1.              The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the Licensee/Management and the controlling mechanism shall be operated from a part of the Premises not accessible to the public.

   

  2.              A limiter shall be installed within the sound system and cannot be over riden.

   

  3.              The Licensee must ensure that staff who arrive early morning or depart late at night when the business has ceased trading conduct themselves in such a manner to avoid causing disturbance to nearby residents.

   

  4.              Patrons shall be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity quickly and quietly.  An announcement shall be made prior to closing requesting patrons' cooperation in leaving the premises and vicinity as quietly and quickly as possible.  Prominent, clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises and the area quietly.

   

  5.              Door staff shall be positioned at exits, particularly at closing times to ensure noise from patrons leaving the premises is minimised.

   

  6.              Provision of mechnical ventialtion and air conditioning system shall not allow noise breakout from the premises or cause a nuisance by its operation.

   

  7.              The premises shall remain open for at least one hour after alcohol is served (while patrons are on the premises) during which time patrons shall be dispersed gradually.  Music shall be toned down for at least one hour before close of the premises.

   

  The Protection of Children From Harm

   

  1.              In the interests of protecting children from harm, children below the age of 18 shall be excluded from the premises after 9pm.

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

•  

  The Prevention of Crime and Disorder

   

  1.              A CCTV system of an evidential standard shall be installed to the satisfaction of the police, and the system to be in operation at all times the premises are open to the public.  All recordings from that system shall be kept for a period of 31 days and the police to have access to recordings at any reasonable time.

   

  2.              On every occasion that the premises sells alcohol after midnight and then closes after 12.30am, SIA door staff shall be employed from 9.00pm until closing.

   

  3.              All drinks shall be served in toughened or strengthened glasses.  No alcohol shall be served in glass bottles, from which it is intended or likely that a perdon shall drink, after 11.00pm.

   

  4.              Premises shall join and maintain membership of the Nitenet Radio Commuinications Scheme.

   

  5.              There shall be no entry or re-entry to premises after 1.00am.

   

  6.              No persons shall be employed on the premises after 9.00pm who are under 18 years of age.

   

  The Prevention of Public Nuisance

   

  1.              Noise or vibration shall not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.  In general terms, noise from the premises should not be audible within any noise sensitve premises (e.g. 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 (i.e. semi's and terraced properties), to make further assessments from within the residential property.

   

  2.              Bottle skips and bins containing cans or bottles shall not be emptied outside after 11.00pm but shall be dealt with the next day during normal office hours.

   

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.