Channel View Hotel

8 Marine Parade, Paignton, Devon, TQ3 2NU

Completed application 065796 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 31/01/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

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.              The Premises Supervisor ensures that whenever the premises are being used for a licensable activity, there are sufficient competent staff on duty in order to fulfil the terms of the licence and to prevent crime and disorder.

   

  2.              The Premises Supervisor ensures that all staff undertake the necessary training to understand and carry out their responsibilities in relation to the sale of alcohol, particularly with regard to drunkenness and underage persons. Records are kept of training and refresher training.

   

  The prevention of crime and disorder

   

  1.              Any incidents of a criminal nature, which occur on the premises, are reported to the Police, and a log is kept of all reports and incidents.

   

  2.              The Premises Supervisor ensures that the CCTV coverage at the premises is comprehensive, operated and maintained.

                (i)              Cameras are sited to observe the entrance and exit, both inside and outside.

                (ii)              Cameras on the entrances capture full frame shots of the head and shoulders of all people entering the premises ie for the purposes of identification.

                (iii)              Cameras viewing till areas capture frames not less than 50% of the screen.

                (iv)              Cameras overlooking floor areas are wide angled to give an overview of the premises.

                (v)              Cameras are capable of visually confirming the nature of the crime committed.

                (vi)              The CCTV System provides a linked record of the date, time and place of any images.

                (vii)              Cameras provide good quality images including colour during opening hours.

                (viii)              Cameras operate under all light levels within and outside of the premises.

                (ix)              The CCTV System has the recording device located in a secure, locked area and the use of a secure cloud based system is used to store images.

                (x)              The CCTV System is regularly maintained to ensure the continuous quality of image capture retention.

                (xi)              There are signs displayed in all customer areas to advise that CCTV is in operation.

                (xii)              Digital images and recordings are kept for a minimum of 31 days.

                (xiii)              Police can have access to images at any reasonable time.

                (xiv)              The CCTV System has the ability to export images in a suitable format, without the loss of quality, so that the police can make an evidential copy of the data they require. Copies are available to Police on request.

   

  Public safety

   

  1.              Appropriate fire safety risk assessments and procedures are in place, including fire safety equipment such as fire extinguishers, blankets, fire exit signs, emergency lighting and smoke detectors.  All appliances are inspected annually.

   

  2.              All emergency exits and escape routes are kept free from obstruction at all times.

   

  The prevention of public nuisance

   

  1.              All customers are asked to leave quietly and have regard to our neighbours and hotel guests, and are reminded by clear and legible notices which are displayed prominently.

   

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

   

                (ii)           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.

   

  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.

   

  The protection of children from harm

   

  1.              The Premises Supervisor and staff ask those who appear to be under age 25 for photographic proof of age, eg photographic driving licence, passport, citizen card, or identity cards issued by HM Forces which bear the photograph and date of birth of the bearer.

   

  2.              All staff are trained for ‘underage sales prevention’ regularly, and a record of this training is kept.

   

  3.              A register of refused sales is maintained on the premises.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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