Torbay CouncilLicensing & Public Protection

Riviera Service Station

147 Torquay Road, Paignton, Devon, TQ3 2AG

Premises Licence PL0973 from from 27/02/2024 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol

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 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.

   

  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

   

  General

   

  1.              All spirits must be displayed behind the counter and sold by way of counter service only (including through the night pay window).

   

  2.              Appropriate staff training must be satisfactorily completed and recorded.  Training records to be made available for inspection by the police or relevant officer of a responsible authority at any reasonable time.

   

  3.              The entrance door to the shop must be closed to customers between the hours of 2300 and 0500.  Any sales between these hours will be made through the night pay window.

   

  4.              Data will be supplied to the Licensing Authority on request (but at intervals of no less than 6 months) to demonstrate that the primary use of the premises is not that of a garage.

   

  The Prevention of Crime and Disorder

   

  1.              A CCTV system must be installed, or the existing system maintained, such system to be fit for the purpose.

   

  2.              The CCTV system must be capable of producing immediate copies on site.  Copies of recordings shall either be recorded on good quality video tape or digitally on to CD/DVD or other equivalent medium.

   

  3.              Any recording must be retained and stored in a suitable and secure manner for a minimum of 14 days and shall be made available, subject to compliance with Data Protection legislation, to the police for inspection on request.

   

  4.              The precise positions of the camera may be agreed, subject to compliance with Data Protection legislation, with the police from time to time.

   

  5.              The system must display, on any recording, the correct time and date of the recording.

   

  6.              The CCTV system must be maintained and fully operational throughout the hours that the premises are open for any licensable activity.

   

  Public Safety

   

  1.              The licence holder must at all times maintain adequate levels of staff.  Such staff levels must be disclosed on request, to the licensing authority and police.

   

  The Prevention of Public Nuisance

   

  1.              Adequate waste receptacles for use by customers must be provided in and immediately outside the premises.

   

  The Protection of Children from Harm

   

  1.              The licence holder must ensure that all cashiers are trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 21 years (or older if the licence holder so elects) for evidence of age.  This evidence shall be photographic, such as passport or photographic driving licence until other effective identification technology (for example, thumb print or pupil recognition) is adopted by the licence holder.  All cashiers shall be instructed, through training, that a sale shall not be made unless this evidence is produced.

   

•  

  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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