Torbay Court Hotel

Steartfield Road, Paignton, Devon, TQ3 2BJ

Completed application 067530 which is a Internal Amendment/Variation for Premises Licence from 16/05/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• a performance of live music
• any playing of recorded music
• 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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

  1.              Staff must be aware of the licensing laws and objectives.

   

  The prevention of crime and disorder

   

  1.              Bar opening hours shall be visible.

   

  2.              Bar staff shall be trained and alert to issues of underage drinking and will use the Challenge 25 policy.

   

  3.              CCTV coverage shall be used in all public areas.

   

  4.              All tills shall be emptied when not in use and till draw left open.  All monies each evening will be placed in a drop safe.

   

  Public safety

   

  1.              Access must be clear for fire escape and emergency vehicles.

   

  2.              The premises must be maintained in good order.

   

  3.              A First Aider must be on site at all times.

   

  4.              Curtains must not be closed across fire exits.

   

  5.              Fire precautions must comply with all requirements for the fire officer.

   

  The prevention of public nuisance

   

  1.              Windows must be closed during all entertainment.

   

  2.               Empty bottles must be collected from the bar during the day.

   

  3.                All rubbish produced by the premises shall be stored in a designated area with a tight fitting lid.

   

  4.              Premises guests shall be informed on their arrival that the premises is located in a residential area and to be aware of noise levels after 9.00pm.  Notices to this effect shall be displayed in the reception area.

   

  The protection of children from harm

   

  1.              Bar staff shall be trained and alert to issues of underage drinking and will operate a Challenge 25 policy.

   

  2.              16 - 17 year old persons may consume beer, wine or cider during a plated meal though he/she must be accompanied by a person over 18.

   

  3.              Children under the age of 18 will not be allowed in the bar area after 9.00pm unless accompanied by a responsible adult.

   

  4.              The premises will operate the Challenge 25 scheme and will ask for identification in the form of Driving Licence or passport for anyone who appears to be under the age of 25.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  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. Noise from the premises shall not be audible within any noise sensitive premises with windows open for normal ventilation especially after 23:00hr. The criteria applied, from boundary to nearest residential property are;

   

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

   

                (ii)              After 23:00hr- 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.              Doors and windows must be kept shut during entertainment to reduce noise break out. A management scheme shall be in place to ensure this situation remains.

   

  3.              Cooking, noxious or persistent smells from the premises must not cause a nuisance to nearby properties and the premises must be properly vented.

   

  The Protection of Children from Harm

   

  1.              Staff will be trained on matters related to the sale of alcohol.

   

  CONDITIONS AGREED BETWEEN THE PARTIES AFTER APPEAL

   

  General

   

  1.              The exemptions under the Live Music Act 2012 shall be repealed in respect of these premises.

   

  The Prevention of Public Nuisance

   

  1.              All amplified live and recorded music shall be played through a noise limiter.

   

  2.              The noise limiter shall be set at a level agreed by the Licensing Authority.

   

  3.              The noise limiter shall be kept in a tamper proof container in a location where there is no public access.

   

  4.              Any adjustments to the noise limiters level shall only be made in consultation with the Licensing Authority.

   

  5.              The premises shall have an in-house PA system or something similar to ensure that the agreed level set on the noise limiter is maintained.

   

  6.              All entertainers and performers using amplified equipment must use the premises in-house PA system or something similar to ensure that the agreed levels set on the noise limiter are maintained.

   

  7.              A suitable and sufficient ventilation system must be installed and maintained in the areas of the premises where regulated entertainment takes place by 31 May 2018.

   

  8.              Suitable and sufficient size signage agreed by the Licensing Authority shall be displayed in prominent positions within the Premises and its outside areas to remind guests to respect neighbours and keep noise to a minimum.

   

  9.              A smoking shelter which complies with current legislation must be situated within the premises designated smoking area by 30 June 2018.

   

  10.              The interior of the smoking shelter must, in consultation and agreement with the Licensing Authority's Public Protection Officer, be clad with noise deadening materials or something of a similar nature to reduce reverberation.

   

  11.              Patrons wishing to use the designated smoking area between 8pm and 6am must be encouraged to use the smoking shelter.

   

  12.              No alcohol may be consumed in the designated smoking area, at any time.

   

  13.              Noise emanating from the premises smoking area shall not unreasonably disturb nearby residents.

   

  14.              Between 8pm and 6am, a designated employee(s) of the premises shall periodically check all of the premises outside areas and request any patron(s) who is making an unreasonable level of noise to cease doing so or return inside the premises.

   

  15.              On receiving a complaint in respect of unreasonable disturbance from noise emanating from any of the premises outside areas between 8pm and 6am, a designated employee of the premises shall request that patron(s) responsible for causing the noise to either cease doing so or return inside the premises.

   

  16.              The premises shall keep a complaints log and make it available to an authorised officer of the Licensing Authority or the Police on request.  The log shall include the nature of the complaint, time received, and action taken and by whom.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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