Torbay Court Hotel

Steartfield Road, Paignton, Devon, TQ3 2BJ

Completed application 007407 which is a Variation Application for Premises Licence from 24/11/2005 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
• entertainment facilities for making music
• entertainment facilities for dancing
• 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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

•  

  Conditions transferred from the Licence

   

  1.                             Intoxicating liquor shall not be sold or supplied on the premises otherwise than to:
   

  (a)               Persons taking table meals there and for consumption by such a person as an ancillary to his meal, and
   

  (b)               Persons residing there or their private friends bona fide entertained by them at their own expense and for consumption by such a person or his private friends so entertained by him either on the premises, or with a meal supplied at but to be consumed off the premises.
   

  (c)               Persons attending bona fide functions held at the premises at which bona fide meals are served.

   

  2.              Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served on the premises.
   

  3.                            There shall be afforded in the premises for persons provided with board and lodging for reward, adequate sitting accommodation in a room not used or to be used for sleeping accommodation, for the service or substantial refreshment or for the supply or consumption of intoxicating liquor.
   

   

   

•  

  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.

   

• 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.

   

  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.

   

  The protection of children from harm

   

  1.              Bar staff shall be trained and alert to issues of underage drinking.

   

  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.

   

   

   

   

•  

  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.              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.

   

  3                      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.

   

  4.              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.

   

  2.              No alcohol will be sold to any person under the age of 18.  Age identification will be sought from any person appearing to be under the age of 18.

   

• ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

   

Premises Plans

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