Trecarn Hotel

Palermo Road, Torquay, Devon, TQ1 3NW

Completed application 022181 which is a Change of Supervisor for Premises Licence from 26/04/2010 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
• an exhibition of a film
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or 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.

   

   

  MANDATORY CONDITION:  EXHIBITION OF FILMS

   

  1)       Where the film classification body is specified in the licence, admission of children must be restricted in accordance with any recommendation made by that body.

   

  2)       Where -

   

  ()        the film classification body is not specified in the licence, or
   

  ()        the relevant licensing authority has notified the holder of the licence that this condition applies to the film in question,
   

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  In the case of the aforementioned conditions

                “children” means persons aged under 18; and

                “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (authority to determine suitability of video works for classification).

   

•  

  MANDATORY CONDITION: DOOR SUPERVISION

   

  1)       Where one or more individuals are carrying out security activities, each individual must be licensed by the Security Industry Authority.

   

  2)       But nothing in the aforementioned conditions requires such a condition to be imposed in respect of a) and b) and (b)(i) and (b)(ii)

   

  ()        in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), are exempt.
   

  ()        In respect of premises in relation to-

  ()        any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

  ()        any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

   

  3)              For the purposes of the aforementioned conditions:-

   

  ()        “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and
   

  ()         paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

• General

   

  1.              The Licensing Act 2003 shall apply.

   

  The prevention of crime and disorder

   

  1.              Staff shall be aware of the need for vigilance and the premises have enjoyed a good reputation as being well run and free of crime and disorder issues.

   

  2.              Staff shall remain aware of the need for vigilance at all times of potential illegal drugs.

   

  3.              Customers in the dining room shall normally be seated at all times.

   

  4.              Staff shall be trained and aware of their duties under the Licensing Act 2003 and in particular the importance of complying with the Act and ensuring that customer comply with the requirements of the criminal law.

   

  Public safety

   

  1.              The Licensing Act 2003 shall apply,

   

  2.              Fire precautions shall be in place to comply with all the requirements of the Fire Officer.

   

  3.              The clientele in the hotel shall normally be predominantly residents which limits the numbers present at any one time

   

  The prevention of public nuisance

   

  1.              The majority of guests shall stay in the hotel.

   

  2.              People attending the predominantly private functions shall normally leave reasonably quickly and quietly at the end of those functions rather than moving on towards other licensed premises in the vicinity.

   

  3.              The applicants shall provide a 30 minute winding down period at the end of permitted hours in order to ensure non residents leave in a quiet and orderly manner.

   

  4.              The solid construction and location of the hotel shall ensure that there is unlikely to be a disturbance to passers by or residents in the area.

   

  The protection of children from harm

   

  1.              Licensing Act 2003 shall apply.

   

  2.              Staff must be trained to remain vigilant in ensuring that underage persons do not have access to alcohol.

   

   

   

  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:

   

  (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

   

•  

  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. In general terms, noise from the premises shall not be audible within any noise sensitive premises (e.g. dwelling) with windows open for normal ventilation especially after 23:00hr. This shall be assessed from the boundary to the nearset residential properties, on all sides of the licensed premises. The criteria that shall be applied 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 shall be kept shut from 22.00 during entertainment to reduce noise break out. A management scheme shall be in place to ensure this situation remains.

   

  3                      The placing of refuse, such as bottles, into receptacles outside the premises shall take place at times that will prevent disturbances to nearby properties.

   

   

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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