Torbay Berkeley Hotel

Totnes Road, Paignton, Devon, TQ4 7PP

Completed application 007504 which is a Variation Application for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol
• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance

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

   

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  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:

   

  (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.

   

•  

  SPECIAL HOURS CERTIFICATES

   

  Where a special hours certificate is in force on all or certain days, replace the permitted hours condition for those days with the following:

   

  1.              Subject to the following paragraphs, the permitted hours on weekdays shall extend until two o’clock in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that -

   

  (a)              the permitted hours shall end at midnight  on any day on which music and dancing is not (or, in the case of casino premises, gaming facilities are not) provided after midnight; and

   

  (b)              on any day that music and dancing end (or, in the case of casino premises, gaming ends) between midnight and two o'clock in the morning, the permitted hours shall end when the music and dancing end or, as the case may be, when the gaming end;

   

  2.              In relation to the morning on which summer time begins, paragraph (1) of this condition shall have effect -

   

  (a)              with the substitution of references to three o'clock in the morning for references to two o'clock in the morning [or one hour following the hour actually specified in the certificate where the certificate currently requires closure between 1 am and 2 am.

   

  3.              Except on Sundays immediately before bank holidays, the permitted hours on Sundays shall extend until thirty minutes past midnight in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour] except that -

   

  (a)              the permitted hours shall end at midnight on any Sunday on which music and dancing is not (or, in the case of casino premises, gaming facilities are not) provided after midnight;

   

  (b)              where music and dancing end (or, in the case of casino premises, gaming ends) between midnight on any Sunday and thirty minutes past midnight, the permitted hours on that Sunday shall end when the music and dancing end or, as the case may be, when the gaming ends.

   

  4.              On Sundays immediately before bank holidays, the permitted hours shall extend until 2 am in the morning following, except that -

   

  (a)              the permitted hours shall end at midnight on any Sunday on which music and dancing is not (or, in the case of casino premises, gaming facilities are not) provided after midnight;

   

  (b)              where music and dancing end (or, in case of casino premises, gaming ends) between midnight on any Sunday and 2 am, the permitted hours on that Sunday shall end when the music and dancing end or, as the case may be, when the gaming ends.

   

  For casino premises:

   

  5.              The sale of alcohol must be ancillary to the use of the premises for gaming facilities and substantial refreshment.

   

  For other premises:

   

  6.              The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

   

•  

  General

   

  None

   

  The Prevention of Crime and Disorder

   

  1.              There shall be a 30 minutes extension of opening hours after the sale of alcohol so the last drink will be consumed less quickly.

   

  Public Safety

   

  1.              The maximum occupancy shall be restricted to 200 persons in the bar/family room.  There shall be a system in place to monitor the number of persons in the room at any one time.  Once maximum occupancy is reached, no further persons shall be admitted.

   

  The Prevention of Public Nuisance

   

  1.              All music shall end by 23.30 to minimise nuisance.

   

  The Protection of Children From Harm

   

  1.              Children under 18 shall not be permitted in the bar/family room when alcohol is being sold unless accompanied by a responsible adult.

   

   

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  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 should not be audible within any noise sensitive premises with windows open for normal ventilation especially after 23.00hrs. The criteria applied, from boundary to nearest residential property are;

   

                (a)              Before 23.00 - Noise emanating from the premises shall not be clearly distinguishable above other noise.

                (b)              After 23.00 - Noise emanating from the premises shall not be clearly distinguishable above background levels of noise.

                (c)              The Local Authority shall reserve the right in cases of tonal noise and where premises are attached to others 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.

   

  3.              All doors and windows shall be kept shut during entertainment to reduce noise breakout.  A management scheme will be in place to ensure this situation remains.

   

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  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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