Vaughans Wine Bar

3 Vaughan Parade, Torquay, Devon, TQ2 5EG

Completed application 042481 which is a New Mandatory Conditions for Premises Licence from 03/12/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• 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

   

  Conditions Transferred from the On Licence

   

  1.              Substantial food to be available during all licensing hours.

   

  2.              The consumption of intoxicating liquor shall be confined to the premises and the area adjacent thereto, designated under the terms of the Pavement Cafe Permit issued by the               local authority, whilst such authority is for the time being in force, providing such persons are seated at tables and the service of all intoxicating liquor is by way of waiter/waitress               service.

   

   

  General

   

  None

   

   

  The prevention of crime and disorder

   

  1.              A  clear and legible notice  must be erected outside of the premise to indicate;

   

  (a)              Normal operating hours and regulated entertainment hours and which licensing activities are permitted.

  (b)              Restrictions on admission of children

   

  2.              Employees who are employed to provide security provisions must hold SIA accreditation.

   

  3.              SIA Stewards when on duty must display appropriate uniforms or similar.

   

  4.              A register of all employees on duty must be kept on the premises.

   

  5.              The premises must operate and maintain membership of Nitenet.

   

  6.              All drinking glasses must be made from plastic or toughed glass.

   

  7.              Drink glasses or bottles must mot be removed from the premises.

   

  8.              Patrons served outside must be seated and served drinks in toughened or plastic receptacles.

   

  9.              Bar staff must have sufficient training in respect of underage sales.

   

  10.              Drinks promotions are prohibited.

   

  11.                            Any SIA door steward employed on front of house duties shall wear high visibility reflective jackets for the entirety of their duty.

   

   

   

  Public Safety

   

  1.              A log book must be kept on site for the purpose of recording statutory duties in respect of the Licensing Act 2003.

   

  2.              Access must be provided for emergency vehicles at all times.

   

  3.              All fixed and portable temporary or permit fixtures and equipment must be maintained in good working order.

   

  4.              All fire fighting and detection equipment must be maintained in good working order and written fire risk assessment review as required.

   

  5.              Electrical installations must be inspected annually.

   

  6.              Electrical appliances must be inspected in accordance with a risk inspection programme.

   

  7.              Door and fastenings, gangways, exits and floors must be kept well maintained.

   

   

   

  The prevention of public nuisance

   

  1.              Noise or vibration must not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.

   

  2.              Noise from the premises will not be audible within any noise sensitive premises with windows open for normal ventilation after 23:00hrs.

   

  3.              The DPS or agent of the DPS must assess noise against the following criteria from the boundary to the nearest residential properties, on all sides of the premises:

   

  (a)              Before 23:00hrs - Noise emanating from the premises will not be clearly distinguishable above other noise.

  (b)              After 23:00hrs - Noise emanating from the premises must not be distinguishable above background levels of noise.

   

  4.              The placing of refuse, such as bottles into receptacles outside the premises or other similar activities must take place at times that will prevent disturbance to nearby properties.

   

  5.              The handling of beer kegs, bottles, and other similar items will not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside of the building.  The movement of bins must be minimised after 23:00hrs.

   

  6.              The DPS must ensure all employees arriving early or leaving avoid causing a disturbance to nearby properties.

   

  7.              Patrons must not stand around talking outside and asked to leave quickly and quietly.  This must be announced shortly before closing.

   

  8.              Door staff must be positioned at exits to enforce condition 9.

   

  9.              Regular maintenance must be undertaken of all plant and mechanical equipment to minimise noise disturbances.

   

  10.              No music or speech shall be relayed by external amplified speakers

   

  11.              Patrons must be dispersed gradually during a 30 minute period after alcohol sales has ceased.

   

  12.              All rubbish must be secured sufficiently in designated areas and provided appropriate means of collecting rubbish generated by patrons.

   

  13.              All music played at the premises shall be played through a noise limiting device approved by the local Responsible Authority for Public Nuisance.

   

  13.              The limiter shall be set at a level approved by the Responsible Authority and shall be maintained in that state.

   

  14.              The noise limiter and associated hardware shall be kept in a locked tamper proof box.

   

  15.              No changes shall be made to the public address system without prior approval of the Responsible Authority.

   

  16.              Doors and windows shall be kept shut at all times when regulated entertainment is played except for access and egress.

   

  17.              Staff members shall take reasonable steps to ensure that doors and windows are kept shut during entertainment.

   

   

  The protection of children from harm

   

  1.              Between 8:00hrs and 20:00 persons below the age of 18 must only be permitted in the upper food area.

   

  2.              Persons under the age of 18 when accompanied by an adult can use the Pavement Café areas from 8:00 - 23:00hrs.

   

   

   

   

•  

  ANNEXE 3

   

   

  The prevention of crime and disorder

   

  1.                            All staff employed to serve alcohol to be over the age of 18.

   

  2.              The premises shall join and maintain membership of the Torquay Night-time Economy Forum and the DPS or a member of the Management Team shall attend at least 2 meetings per calendar year.

   

  3.              The premises shall join; maintain membership of, and actively particulate in Torquay Pubwatch.

   

  4.              On days when the premises sells alcohol after midnight, and remains open after 0030 hrs, no drinks shall be served after 2200 hrs in glass bottles from which it is intended or likely that a person shall drink.

   

  5.              The area covered by the Torbay Council Cafe Pavement Permit must not be used after 12 midnight and all tables and chairs must be removed from this area at this time.

   

  6.              A CCTV system must be installed at the premises to the satisfaction of the police, and must operate at all times the premises are open to the public.  All recordings must be kept for a minimum of 14 days, during which time the police shall have access and be provided with downloaded images at any reasonable time.

   

  7.              On every occasion when the premises sells alcohol after 12 midnight and remains open after 0030 hrs, SIA door stewards shall be employed on the premises from 2200 hrs until closing, at a ratio of 1:100 customers.

   

  The prevention of public nuisance

   

  1.              No amplified recorded music to be performed prior to 11:00hrs inclusive

   

  2.              To allow live music and amplified music inside beyond 23:00hrs doors and windows shall be kept shut during entertainment beyond this time.  To reduce noise break out. A Management scheme will be in place to ensure this situation remains.

   

  3.              To allow live and amplified music to continue inside beyond 00:00hrs double glazing shall be installed to reduce noise breakout.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

   

Premises Plans

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