Shiraz

2 Vaughan Parade, Torquay, Devon, TQ2 5EG

Completed application 042368 which is a New Mandatory Conditions for Premises Licence from 26/11/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

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: 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

   

  None

   

   

  The Prevention of Crime and Disorder

   

  1                      Persons leaving the premises and using adjacent carparks and highways shall be reminded to conduct themselves in an orderly manner and not to cause annoyance to residents.

   

  2                      Custom must not be sought by means of personal solicitation outside or in the vicinity of the premises.

   

  3                      Where appropriate, sufficient numbers of suitably trained door staff/ stewards must be provided on the premises.

   

  4                      Door staff must be licensed  with the Security Industry Authority (SIA).

   

  5                      Membership in the Nitenet Radio link must be maintained.

   

  6                      CCTV must be provided and maintained in good working order.

   

  7                      Staff must be trained appropriately in the prevention of the sale of alcohol to persons under the age of 18 years.

   

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

   

  9                      Cigarette machines must be under the supervision of the mangement.

   

  10                  Cigarettes must not be sold to any person under the age of 16 and signage to this effect must be displayed.

   

   

  Public Safety

   

  11                  Adequate access must be provided for emergency vehicles.

   

  12                  All parts of the premises and all fixtures, fittings and apparatus therein must be maintained in safe and good working order at all times.

   

  13                  Suitable and suficient lighting to the toilets shall be provided.

   

  14                  Where the premises are made available for regulated entertainment at least one first aider must be present.

   

  15                  A member of staff shall be designated to manage any first aid emergency which may arise.

   

  16                  Emergency exits must remain free from obstruction at all times.

   

  17                  The hanging of clothing and storage of any article shall be prohibited in corridors, passageways, gangways or exits.

   

  18                  Seating must not obstruct access to any exit doors at any time.

   

  19                  All electrical installations must be inspected by a competent electrician every three years. The Certificate of Fitness obtained shall be produced to any authorised officer on demand.

   

  20                  Emergency lighting must be provided and maintained in good working order.

   

  21                  Fire equpiment provided to the premises shall be managed by a competent, trained individual while the public are on the premises. This individual must be immediately available at all times.

   

   

  The Prevention of Public Nuisance

   

  22                  Noise or vibration which may cause persons in the neighbourhood to be unreasonably disturbed must not emanate from the premises.
   

  23                  The handling of beer kegs, bottles and other similar items will not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside buildings.

   

  24                  Bottle skips and bins containing cans or bottles must not be emptied outside after closing but will be dealt with the next day during normal office hours.

   

  25                  The movement of bins and rubbish outside the premises must be kept to a minimum after 23:00hr.

   

  The Protection of Children from Harm

   

  26                  Bar staff must be suitably trained to prevent the sale of alcohol to persons under the age of 18 years.

   

  Conditions Transferred from Full On Licence

   

  1.              Full CCTV system to bemaintained and used at all times the premises are open to the public and to include full recording facilities and a monitor behind the bar servery for viewing by staff.  All recordings to be kept for a minimum of 31 days during which period the police shall have access at any reasonable time.

   

  2.              The consumption of intoxicating liquor shall be confined to the premises and the areas adjacent thereto designated under the terms of a Pavement Cafe Permit issued by the Local Authority whilst such permit is in force providing persons are seated at tables within the areas designated by such Permit.

   

  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

   

  General

   

  None

   

  The Prevention of Crime and Disorder

   

  1                      A CCTV system of an evidential standard to 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 to 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 00:30hr, SIA door staff to be employed from 21:00hr until closing.

   

  3                      All drinks to be served in shatterproof glasses and no alcohol to be served in glass bottles from which bit is intended or likely that a person shall drink.

   

  4                      Premises to join and maintain membership of the Nitenet Radio Communications Scheme.

   

  5.              No entry or re-entry to the premises after 01:00hr.

   

  Public Safety

   

  5                      If there is a requirement placed upon a Premises Licence for Security Industry Authority (SIA) Trained Stewards then the ratio of stewards to customers on the premises will be no less than 1:75.

   

  The Prevention of Public Nuisance

   

  6                      Noise and vibration will 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 sensitive premises (e.g. dwelling) with windows open for normal ventilation especially after 23:00hr. This will be assessed from the boundary to the nearset residential properties, on all sides of the licensed premises. The criteria that will be applied are;

   

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

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

  ()                      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.

   

  2.              Deliveries of kegs, bottles, food or other materials necessary for the operation of the business will be carried at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.

   

  The Protection of Children from Harm

   

  None

   

  CONDITIONS ATTACHED AFTER A REVIEW HEARING BY THE LICENSING AUTHORITY

   

  The Prevention of Public Nuisance

   

  1.              Live amplified music is prohibited in the premises outside licensed area, as shown on the premises plan at all times the premises are authorised for the sale of alcohol.

   

  2.              Recorded amplified music is prohibited in the premises outside licensed area, as shown on the premises pan at all times the premises are authorised for the sale of alcohol.

   

  3.              There shall be no exterior sited speakers on the premises outside licensed area or speakers situated in the premises doorways and lobbies.

   

  4.              Performances of live and recorded music in the internal licensed area must at all times be played through a noise limiter which is to be set and maintained at a level agreed with Torbay Council's Public Protection Team.

   

  5.              The noise limiter must be installed and the levels agreed by an Officer of Torbay Council’s Licensing and Public Protection Team within 4 weeks of the review hearing.

   

  6.              No changes shall be made to the public address system or the noise limiter without prior written permission of Torbay Council's Licensing and Public Protection Team.

   

  7.              The premises boundary of the outside licensed area must be demarcated with a suitable and sustainable barrier when in use.  The style and format of the barrier to be agreed with Devon and Cornwall Police, Torbay Council's Highways Department and Torbay Council's Licensing and Public Protection Team.  Barriers to be installed within 6 weeks of the Review Hearing.

   

• ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

Premises Plans

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