Seamus O'Donnells

28 Victoria Parade, Torquay, Devon, TQ1 2BD

Completed application 067892 which is a Internal Amendment/Variation for Premises Licence from 25/06/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• 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

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).

   

  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)

   

                a) 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.

   

                b) In respect of premises in relation to:

   

                i) 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

                ii)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:

   

                a) “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and

   

                b) 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.              Staff shall be trained on the requirements of the Licensing Act 2003.

   

  2.              Staff shall be trained in drugs awareness.

   

  The Prevention of Crime and Disorder

   

  1.              The premises shall remain open for 30 minutes after the end of the sale of alcohol, with access to amenities and the provision of soft drinks.

   

  2.              The Designated Premises Supervisor must maintain membership to the Torbay Licensed Traders Association ‘Pubwatch’.

   

  3.              Persons who are an identifiable threat to public order shall be refused service.

   

  4.              The premises shall ensure that all staff understand the social responsibilities associated with the sale and supply of alcohol.

   

  5.              The premises shall join and maintain membership of the Torquay Night-time Economy Forum and the DPS or a member of the Management Team shall attend at least 2 meetings per calendar year.

   

  6.              The premises shall join, maintain membership of, and actively participate in Torquay Pubwatch.

   

  7.              The premises shall join, maintain membership of and actively participate in the Nitenet Radio Communications Scheme.

   

  8.              On Fridays and Saturdays, New Years Eve, Christmas Eve, Boxing Day, Valentine’s Day and Halloween (whenever they do not fall on a Friday or Saturday), and on Sundays and Mondays of Bank Holiday Weekends, when the premises sells alcohol after midnight and remains open after 0030 hrs, a minimum of two SIA stewards shall be employed on the premises from 2200 hrs until closing.

   

  9.              Written records of all SIA door stewards, including full name and full SIA badge number, shall be kept on the premises for at least 12 months and be available for inspection at any reasonable time by a member of the Responsible Authorities.

   

  10.              All drinks must be served in toughened or strengthened, polycarbonate or plastic glasses.

   

  11.              On days when the premises sells alcohol after midnight, and remains open after 0030 hrs, no drinks shall be served after 2200 hrs in glass bottles from which it is intended or likely that a person shall drink.

   

  12.              There shall be a cooling down period of 30 minutes after the last sales of alcohol when music will be turned down.

   

  13.              All drinks promotions shall be managed in a responsible manner.

   

  14.              On all days the premises sells alcohol after midnight, and remains open after 0030 hrs, from 2200 hrs onwards the DPS or a Personal Licence Holder shall be on duty on the premises.

   

  15.              Any person employed at the premises in the sale and supply of alcohol after 2200 hrs shall attend and successfully complete the BIIAB Level 1 Award in Responsible Alcohol Retailing within 2 months of commencing employment or for existing staff within 2 months of the licence being granted.

   

  16.              A record of all staff training, including copies of all relevant BIIAB Certificates, shall be kept on the premises and be available for inspection at any reasonable time by a member of the Responsible Authorities.  Such record to be kept for at least 12 months.

   

  17.              No under 18 year olds to be allowed on the first floor of the premises after 2200 hours, unless they are attending a private pre-booked function.

   

  18.              At each exit used by customers, suitable signage shall be displayed informing customers that they are entering a “No Drinking Zone” and that no open drinking vessels are to be taken beyond such point.

   

  19.              At each exit used by customers, suitable signage shall be displayed requesting customers to leave in a quiet and orderly manner.

   

  20.              Door stewards, the DPS and Personal Licence Holders shall monitor the immediate vicinity of the premises and take all reasonable steps to ensure patrons leaving the premises do so in an orderly manner and quietly so as not to disturb residents.

   

  21.              There shall be no entry/re-entry to the premises after 0200 hrs.

   

  22.              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 from of photographic identification as outlined within the Torbay Councils               Licensing Statement of Principles.

   

  23.                A CCTV system, capable of providing images of an evidential standard in all lighting conditions, particularly with regards to facial recognition, shall operate throughout the times the premises are open to the public, with               monitors behind all bars and a recording system.  All recordings must be kept  for a minimum of 14 days, during which time the police shall have access and be provided within downloaded images within 7 days of any               request.

   

  24.               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, the               action required to rectify the situation and the time frame for such action within 24 hours of the defect being identified.

   

  25.               On any Friday and Saturday nights that the premises remain open for the sale of alcohol after midnight and then closes after 00:30hrs, SIA door supervisors shall be employed on the premises from 22:00 hrs, until 30               minutes after the premies close, at a ratio of 2 stewards for the first 100 persons and one additional steward for each 100 person thereafter.  The Premises Licence Holder shall also carry out a risk assessment taking the               layout of the premises and the propsed activity to be carried out into consideration to determine whether any additional stewards are required.  (This condition shall also apply on Christmas Eve and New Years Eve when               they do not fall on a  Friday or Saturday).  On all other occasions the Premises Licence Holder shall risk access the requirement for door supervisors and employ such numbers, if at all, in such numbers and at such times               determined by that risk assessment.

   

  26.               On every operational day that SIA door supervisors are required, then those stewards who are employed for front of house duties must wear yellow high visibility jackets for the entirety of their duty.

   

  27.              The DPS shall ensure that an Incident Book is kept on the premises and that all incidents are recorded therin on a daily basis.  This record shall include the full names of all persons involved, if possible or practible to do               so.  The Incident Book shall be made available for inspection by a Police Officer, a Police Lisensing Officer or officers of the local authority on demand , and such records shall be kept at the premises for a minimum of 12               months.

   

  28.                The consumption of alcohol in the Pavement Cafe Permit area shall be restricted to the times indictaed within the Permit and in complicance with all terms and conditions specified therein.

   

   

   

  Public Safety

   

  1.              Health and safety risk assessments must be carried out and regularly reviewed.

   

  2.              Fire safety measures provided shall be maintained and regularly reviewed to be in good working order, in accordance with Fire Precautions (Workplace) Regulations.

   

  3.              An appropriate, safe occupancy level must be maintained at all times.

   

  4.              A risk assessment must be undertaken where there is a sufficient risk of overcrowding and remedial steps must be taken.

   

  5.              Where there is a sufficient risk of overcrowding the DPS shall agree the most effective means of control with the Police.

   

  6.              Function bookings must be restricted to 100 persons per separate bar room.

   

  7.              There shall be securement of empty bottles, prompt clearance of glasses throughout opening hours.

   

  8.              The premises must ensure that all windows and doors are kept closed when regulated entertainment takes place apart from for entrance and exit.

   

  The Prevention of Public Nuisance

   

  1.              The volume of recorded music must be reduced to background level during the wind down period.

   

  2.              All windows must be kept closed after 23:45hr.

   

  3.              Suitable signage must be prominently displayed requesting customers to leave quietly.

   

  4.              Persons on or leaving the premises shall be reminded to conduct themselves in an orderly manner so as not to cause annoyance to residents and persons passing by.

   

  5.              Kitchen extraction filters must be cleaned at least once a week.

   

  6.              A zero tolerance drugs policy must be in place.

   

  7.              Drugs and incident books must be used to record incidents.

   

  8.              Noise and vibration will not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed. Noise should not be audible within any noise sensitive premises with windows open for normal ventilation especially after 23:00hr. The criteria applied, from the boundary to the nearest residential property are;

   

                (a)              Before 23:00hr- Noise emanating from the premises will not be clearly distinguishable above other noise.
   

                (b)               After 23:00hr- Noise emanating from the premises will not be distinguishable above background levels of noise.
   

                (c)               The local authority will 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.

   

  9.               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.

   

  10.               Windows will be kept shut during amplified entertainment to reduce noise break out.

   

  11.               Cooking, noxious or persistent smells from the premises will not cause a nuisance to nearby properties.

   

  12.              Regulated entertainment from amplified equipment shall not be permitted on the 1st floor after midnight until such time that the levels of said equipment shall be set and agreed between the premises licence holder or a nominated person by them and the Environmental Health Department so as not to unreasonably disturb nearby residents.

   

  13.              These levels shall be set and agreed by 31.01.12.

   

  14.                            The levels set and agreed between the premises licence holder or nominated person by them and the Environmental Health Department in respect of regulated entertainment by amplified equipment on the 1st floor after midnight shall me monitored and kept under the supervision of the management of the premises at all times.

   

  15.              All doors and windows shall be shut during all regulated entertainment.

   

  16.              A written management plan to be in place to ensure that this doors and windows are kept closed during any regulated entertainment.

   

  17.              Noise from licensable entertainment shall not be distinguishable from the ambient noise on the street 10 meters or more from the premises.  This shall be assessed from the street. However, should a complaint from a resident in the area be made steps shall be taken to ensure that noise breakout is reduced to a level agreed with the Local Authority and the residents.

   

  18.              There shall be no exterior sited speakers or speakers in doorways and lobbies.

   

  19.              The management of the premises will undertake monitoring of noise breakout from the premises and a written record needs to be kept of this monitoring. This shall be undertaken at least once per day.

   

  20.              The volume of any regulated entertainment will be under the control of the management at all times.  Should monitoring indicate that the volume should be reduced, management shall take steps to ensure that levels are reduced to those agreed in condition 5.

   

  21.              No changes to the Public Address system shall be made without the express permission of the local Environmental Health Department; this includes moving of speakers or the addition or removal of any equipment. 

   

  22.              Patrons of the premises shall be reminded by door staff to leave in a quiet respectful manner and the door stall shall take all reasonable steps to ensure that their patrons leave in a quiet manner.

   

  23.              Door Staff will monitor the area outside their premises and take reasonable steps to ensure that patrons do not congregate outside the premises. 

   

  24.              Announcements shall be made on the Public Address system prior to closing reminding patrons to leave in a quiet respectful manner.

   

  25.              Door staff operating the nite-net radio system outside the premises shall do so with the use of an earpiece to minimise disturbance caused by the radio.

   

  26.              Before any future structural change or refurbishment is commenced at the Premises, an evaluation of any noise breakout must be undertaken and a report submitted to the Environmental Health Department on the works to be undertaken to attenuate noise break out and those works must be implemented to the satisfaction of Officers of the department.

   

  27.              All regulated music on the First Floor must be played through a noise limiter to be set at a level as agreed with the Environmental Health Department; the limiter must be tamper proof and adjustments shall only be made with the consent of the Environmental Health Department.

   

  28.               No changes shall be made to the public address system on the first floor without prior consultation with the Environmental Health Department.  This includes moving of speakers, addition or removal of any equipment and the use of guest acts or D.J’s own equipment.

   

  The Protection of Children from Harm

   

  1                      Identification that shall be accepted are: A valid passport, photographic driving licence or approved identification card carrying PASS logo.

   

  2                      Amusement machines with Prizes must be sited where supervision is available to prevent minors playing them.

   

   

   

   

   

   

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Premises Plans

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