Sportsmans Arms

Laburnum Street, Torquay, Devon, TQ2 5SF

Completed application 036262 which is a Cancellation/Surrender for Premises Licence from 18/12/2012 to 02/02/2015

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol

Additional Conditions

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  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 shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

   

                                   (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as  defined in section 159 of the Act);

   

                                (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;

   

                      (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on -

   

                                 (i)        the outcome of a race, competition or other event or process, or

   

                                  (ii)               the likelihood of anything occurring or not occurring;

   

                  (e) 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.

   

  4)              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  5)              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6)                             (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

                                     (2) 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 a holographic mark.

   

  7).               The responsible person shall 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

   

                                (ii) still wine in a glass: 125 ml; and

   

              (b) customers are made aware of the availability of these measures.

   

   

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

  None

   

  The Prevention of Crime and Disorder

   

  1.                             Staff shall be made aware of the need for vigilance and the importance of compliance with the                                           Licensing Act 2003 and the requirements of Criminal Law.

   

  2.                            A 30-minute winding down period shall be provided at the end of permitted hours to encourage                                           customers to leave the premises in a quiet and orderly fashion.

   

   

  Public Safety

   

  1         The fire precautions in place must comply with the requirements of the fire officer.

   

  2         Gas and electrical systems must be regularly inspected and maintained.

   

  The Prevention of Public Nuisance

   

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

   

  4         Patrons must be reminded not to stand around talking in the street outside the premises after leaving the premises.

   

  The Protection of Children from Harm

   

  5         Bar staff must be trained to be aware of and alert to issues of underage drinking.

   

   

•  

  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

   

   

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  The Prevention of Public Nuisance

   

  1         Noise or 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 23:00hrs. The criteria applied, from the boundary to the nearest residential property, are;

   

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

   

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

   

  (c)               The Local Authority will reserve the right in cases of tonal noise and where the premises are attached to others (i.e. semi’s and terraced properties) to make further assessments from within the residential property.

   

   

  Conditions Imposed After Review

   

  1.               All doors and windows must be kept closed at all times during the operational hours of the premises.

   

  2.              The lower front entrance to the premises shall not be used by patrons, management or staff at any time during the operational hours of the premises, except as an emergency exit. Signage to be placed upon this door to advise patrons of this.

   

  3.              The upper front entrance to the premises shall not be used by patrons, management or staff from 20.00 hours onwards during the operational hours of the premises, except as an emergency exit. Signage to be placed upon this door to advise patrons of this.

   

  4.              Patrons using the premises shall not be permitted to smoke outside the front of the premises or               in the immediate vicinity of the premises at any time.

   

  5.               Entry or re-entry to the premises shall not be permitted after 23.00 hours.

   

  6.              Signage to be displayed encouraging people not to use their mobile phones at the front of the premises.

   

  7.               Management and staff must take all reasonable steps to ensure that patrons leaving the premises do so as quietly as possible so as not to unreasonably disturb nearby residents.

   

  8.              No more than eight patrons to use the rear smoking area at any one time.

   

  9.               The rear smoking area to be monitored regularly by management and staff to ensure noise is kept to a minimum so as not to unreasonably disturb nearby residents.

   

  10.               No drinks to be taken into or consumed in the rear smoking area at any time.

   

  11.              No seating to be placed in the rear smoking area.

   

  12.              The rear smoking area shall not be used after 23.30.

   

  13              Signage to be displayed in the rear smoking area to encourage patrons to keep noise to a minimum so as not to unreasonably disturb nearby residents and to state that the use of offensive language will not be tolerated.

   

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.