Venue

13 Torwood Street, Torquay, Devon, TQ1 1ED

Completed application 017363 which is a Change of Supervisor for Premises Licence from 30/01/2009 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment
• a performance of live music
• any playing of recorded music
• 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
• 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.

   

•  

  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

   

•  

  Additional Conditions Transferred from the Licence and Public Entertainment Licence

   

  1.              Full CCTV facilities shall be maintained and used throughout the time the premises are open to the public.  Such CCTV system shall include full recording facilities and a monitor and recordings must be kept for a minimum period of 31 days during which time the police shall have access at any reasonable time.

   

•  

  PUBLIC ENTERTAINMENT LICENCE STANDARD CONDITIONS - 2000 REVISION

   

  1. GENERAL
   

  (a)              In these conditions the term `Council' shall mean the Torbay Borough Council or any officer authorised to use appropriate Delegated Powers on its behalf.
   

  (b)               In these conditions, the term 'Premises Licence Holder' shall mean the Premises Licence Holder for the time being as named on the Premises Licence.
   

  (c)               In these conditions, the term 'Designated Premises Supervisor' shall be the Designated Premises Supervisor.

   

  (d)               Subject to the Mandatory Conditions for door supervisors as above, in these conditions, the terms "Door Steward", "Security Staff", "Door Staff" and "Steward", whether in the singular or the plural, shall be any person employed as a steward who has the authority of the Designated Premises Supervisor exclusively or mainly to decide upon the suitability of customers to be allowed entry to the premises, to maintain order on the premises and/or to assist patrons escape in the event of fire.  Such staff shall have no other duties and shall be in addition to staff employed on cloakroom, bar, food preparation, food service, pay desk and disc jockey duties.  

   

  2. DISPLAY

   

  (a)               The Premises Licence Summary must be prominently displayed at the premises at all times.

   

  3. SANITARY EQUIPMENT AND CLEANLINESS
   

  (a)               All parts of the Premises, including fittings, shall be kept clean.
   

  (b)               Suitable and sufficient sanitary accommodation shall be provided. All lavatories, wash hand basins, water closets and urinals shall at all times be properly maintained in good order and repair, effectively cleansed, ventilated and supplied with water and all necessary requisites. All doors leading thereto shall be suitably marked.

   

  4. STEWARDS, CAPACITY AND CONTROL
   

  (a)               The Premises Licence Holder and/ or the DPS shall take all due precautions for the safety of public, the performers and employees. Any instructions given by the Council regarding the safety of the audience or any other person present at the entertainment shall be put into effect as soon as required.
   

  (b)               The Premises Licence Holder and/ or the DPS shall be responsible for compliance with these conditions and the DPS will be in attendance at the Premises throughout the provision of any regulated entertainment. Arrangements may be made for a responsible person, being not less than 21 years of age, to be appointed in writing for the purpose of deputising for the DPS in his absence.
   

  (c)               The Premises Licence Holder and/ or the DPS shall be responsible for ensuring that regulated entertainment is offered only within the terms, on the days and within the hours more particularly set out above and or authorised by a Temporary Event Notice and/ or a statutory instrument or Act of Parliament.  This shall include the instigation of a scheme or procedure for ensuring that the maximum allowable capacity is not exceeded. Such arrangements shall include provisions whereby any authorised officer of the Council or any member of the Devon Fire and Rescue Service in uniform or a Police Constable can determine, without a physical count, the number of persons on the Premises. Counting by means of a numbered ticket system including complimentary, guest or other free tickets which at any one time for a single performance will indicate the maximum number of persons admitted into the Premises may be substituted in place of counting machines.  Such arrangements shall also include provisions for ascertaining the number of persons present on different levels within the Premises if more than one is in use.
   

  (d)               Throughout the time that the public are on the Premises, the following minimum number of stewards shall be provided unless the Licence specifies some other number in which case such other number will apply:-

               

                One steward shall be provided for each 100 people (based on occupancy).

               

  (e)              All persons acting as stewards shall wear appropriate distinctive clothing or armbands so that they may be readily identifiable as stewards.

   

  5. ENTRANCES, EXITS, GANGWAYS, FASTENINGS AND NOTICES
   

  (a)               The exits in the Premises shall be clearly indicated and maintained to afford the public ready and ample means of safe escape.
   

  (b)               All exit doors shall be kept unlocked and available for exit during the whole time that the public are on the Premises, provided that any person leaving may be directed to certain exits at the discretion of the management.
   

  (c)               All exit doors must, if fastened during the time the public are on the Premises, be secured in accordance with fire regulations.  All doors and fastenings shall at all times be kept in proper working order.
   

  (d)               All exits shall be indicated by the word ``EXIT''.

   

  (e)               Exit routes shall be maintained free from obstruction at all times, and in particular, no provision for hanging clothing or storing any article shall be made in corridors, passageways, gangways or exit ways.

   

  (f)               Persons must not be allowed to stand, sit or otherwise remain in any gangway or exit way.
   

  6. ELECTRICAL, LIGHTING, HEATING AND VENTILATION ARRANGEMENTS

   

  (a)               The whole of the electrical installation of the Premises shall be installed in a safe and satisfactory manner and shall be maintained in good working order.  No work shall be carried out on the system except by a suitably qualified and competent electrician.
   

  (b)               All temporary electrical installations shall be disconnected from the permanent installation immediately after each occasion on which they are used and shall be entirely removed immediately the need therefore has ceased.
   

  (c)                All wires, cables and conduits from such temporary installations shall be installed in such a way that they shall not be liable to snagging, looping or damage and so become a danger to persons present.

   

  (d)               The current regulations of the Institution of Electrical Engineers for the electrical equipment shall be taken as a standard for the electrical installation generally.

   

  (e)               All parts of the premises shall be adequately illuminated according to use and, except where otherwise permitted by the Council, those portions to which the public has access and all routes of escape for performers and staff shall be provided with adequate means of illumination from two independent sources.

   

  (f)               The emergency lighting shall at all times when the public are upon the Premises be maintained in working order and so kept in use (except in such parts as are for the time being adequately lit by daylight) that it is adequate to enable the public to see their way out of the Premises and clear of the building.
   

  (g)               The emergency lighting shall not be controllable from the stage nor from any place accessible to the public.

   

  (h)               The emergency lighting shall be maintained and, be tested regularly.
   

  (i)               All lighting to exit notices shall be maintained in good repair and shall not in any circumstances be extinguished or dimmed while the public are on the Premises.
   

  (j)               All temporary work must be immediately removed when no longer required for the purpose for which it was installed.
   

  (k)               All parts of the premises shall be kept properly and sufficiently ventilated, in those places where it is required for the purposes of the evacuation of smoke, the system shall be installed and maintained to the satisfaction of the Devon Fire and Rescue Service.

   

  7.  FIRE PRECAUTIONS
   

  All curtains and drapes within the Premises shall be flame resistant
   

  (a)               A competent person trained in the handling and use of the fire equipment provided must be in charge of such equipment during the whole time that the public are on the Premises. The person so in charge shall not be assigned or allowed to perform any duties which will prevent him or her from being immediately available at all times.
   

  (b)               The Premises Licence Holder/ and or DPS shall take all possible steps to eliminate the danger of fire occurring and shall ensure that all members of staff, stewards and attendants are fully instructed in their duties in the event of fire.
   

  (c)               A written copy of fire drill instructions, including action to be taken when a fire or other emergency is discovered, shall be displayed on the premises.
   

  (d)               No portable heating appliances of any description shall be used in the Premises while the public are present.
   

  (e)               No explosive or highly inflammable material shall be brought into the Premises and no liquefied petroleum gas cylinder shall be used or stored in any part of the Premises whilst the public are present.

   

  (f)               No cotton wool or other similar highly inflammable material shall be used for scenery, decoration or costume.

   

  (g)                Fire fighting equipment and a suitable approved alarm system shall be installed within the Premises.

   

  8.  DANCE FLOOR

   

  A suitable and clearly identifiable single area must be available for dancing.  The minimum area to be set aside shall be nine square metres as the Licence permits a maximum capacity of over 200 people.

   

  9. CONDUCT OF PREMISES AND NOISE NUISANCE
   

  (a)               The Premises Licence Holder and/or the DPS shall keep and maintain good order and decent behaviour in the Premises during the hours the premises are open to the public. No performance or exhibition provided shall be of an obscene, indecent or objectionable nature.
   

  (b)               The Premises Licence Holder and/or the DPS shall at all times ensure that persons on or leaving the Premises and using adjacent car parks and highways conduct themselves in an orderly manner and do not in any way cause annoyance to residents or persons passing by.
   

  (c)               The Premises Licence Holder and/or the DPS shall ensure that noise shall not emanate from the Premises such as to cause persons in the neighbourhood to be unreasonably disturbed. To this end, adequate sound insulation should be provided and regard must be had to the ventilation requirements for the Premises.
   

  (d)               The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the Premises Licence Holder and/or the DPS and the controlling mechanism shall be operated from a part of the Premises not accessible to the public.
   

  10.  HYPNOTISM AND OTHER ENTERTAINMENTS PROVIDING SPECIAL RISKS

   

  (a)                             Unless the express written consent of the Council shall first have been obtained, no entertainment shall be provided in any part of the premises consisting of or involving:-
   

            Hypnotism (as defined by the Hypnotism Act 1952);

            Striptease, lap dancing or any similar performance;

            The use of special effects, or matters in respect of which special risks will arise, including the introduction to any area occupied by the public of any material, vapour, liquid, foam or foodstuff; or

               The use of any temporary structure or staged area
   

                              Applications for such consent must be made in writing in a form to be prescribed by the Council and submitted not less than 28 days (or such other period as the Council may specify in particular circumstances) before the performance is intended to be provided.  Additional information considered appropriate to the application may be required to be provided and, after due consideration,  additional conditions may be imposed in relation to the entertainment, for which an additional fee may be payable.  A copy of the application shall at the same time be forwarded to the Chief Officer of Police and Fire Authority.

   

  (b)               With regard to a performance involving hypnotism, the application shall, in all cases, contain the following particulars.(1)  the name and address of the person by whom the exhibition, demonstration or performance is to be given, (hereinafter called "the hypnotist"); (2) a description of the proposed exhibition, demonstration or performance; and (3) a statement as to whether, and if so, giving full details thereof, the hypnotist has been previously refused, or had withdrawn, a consent by any Licensing Authority or been convicted of any offence under the Hypnotism Act 1952 or of an offence involving the breach of a condition regulating or prohibiting the giving of an exhibition, demonstration or performance of hypnotism on any person at a place licensed for public entertainment.
   

  (c)                In relation to any consent given for a hypnotism display, the following conditions shall apply:-

   

  1                No exhibition, demonstration or performance shall be held whereby:

                harm is caused or is likely to be caused to any person attending it, any person is caused, while under the influence of hypnotism, to say or do anything offensive to the public; if the Council notifies the Licensee in writing that it objects to anything said or done in the course of the exhibition such thing shall not thereafter be included in the exhibition, there is the giving of hypnotherapy or any other form of treatment, there is any experiment in which there is either the age regression of the subject or the subject is suspended between two supports (so called "catalepsy") or there is the giving of suggestions to the subject that he should perform any act or behave in any manner which is likely to be interpreted as indecent, offensive or harmful, nor that the subject should consume any substance which is either noxious or harmful.
   

  2                All hypnotic or post-hypnotic suggestions shall be completely removed from the minds of the subjects (including those of the audience) before they leave the room or place in which the performance takes place.  Likewise, any post-hypnotic suggestions given shall take place only in the presence of the hypnotist and shall not continue after the performance or away from the room or place in which the performance takes place.
   

  3                The exhibition shall conform to the description submitted to the Council unless the Council has required or expressly authorised a modification. 
   

  4                Any modifications in the exhibition subsequently required by the Council shall be made immediately upon notice thereof being given by the Council to the Licensee.
   

  5                No inducements shall be offered to any person to subject themselves to the influence of the hypnotist.
   

  6                No poster, advertisement or programme relating to the exhibition shall be displayed, sold or supplied by or on behalf of the Licensee either at the premises or elsewhere, which is likely to be injurious to morality or otherwise offensive to public feeling;  if the Council notifies the Licensee in writing that it objects to such an item so displayed, sold or supplied, that item shall not thereafter be displayed, sold or supplied.  All such items promoting the exhibition shall draw attention, in a clear and legible manner to the prohibition on the hypnotising of persons under the age of 18 imposed by Section 3 of the Hypnotism Act 1952.

   

  11.  ADDITIONAL CONDITIONS

   

  1.              A system of vapour producing apparatus may must used upon the following conditions:

   

                (a)              The amount of smoke/vapour must be limited to the minimum necessary for the desired effect and so as not to seriously affect means of escape or obscure exit               signs.

    

                (b)              The machine must be in a fixed position adequately protected against unauthorised interference and manned by or be readily accessible to a competent operator at               all times when in use.

   

  2.              A suitable and adequate noise limitation device shall be fitted to the amplification system and suitably maintained to ensure that the noise levels within the premises will not, at any time, exceed levels previously determined to the satisfaction of the Council's Principal Environmental Protection Officer.  The system shall be arranged so that all amplification equipment in use with the premises will be controlled by the system.

   

  3.              This Premises licence applies only to the parts of the premises named below and the maximum number of persons to be permitted within those areas shall not exceed:-

   

                Music singing and dancing - Ground Floor:  600;  First Floor:  500:  Second Floor: 90.

  except that

  Exhibitions of Sporting Events - 450 within the whole building at any time.

   

  4.              When the premises are in use for exhibitions of sporting events, there shall be provided, at all times when the public are present, at least one member of staff suitably qualified in first aid together with appropriate equipment.

   

  5.              No ring or arena shall be erected except within the dimensions of 5 metres by 5 metres on the ground floor.

   

   

•  

  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:

   

  (a)               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

   

  There shall be no restrictions on credit sales for alcohol.

   

   

•  

  General

   

  1.              The Venue's current policies in place to meet all licensing objectives must be reviewed when appropriate.

   

  2.              The maximum occupancy figure being ground floor 600, first floor 500 and second floor 90, must be checked.  Steps must be taken so that once the maximum occupancy is reached, no further persons are admitted.

   

  The Prevention of Crime and Disorder

   

  1.              Policies on the promotion of non-alcoholic drinks including water must be adhered to.

   

  2.              Tap water must be free of charge.

   

  3.              On leaving, patrons must be informed that they are entering a "no drinking zone".

   

  4.              Extensive CCTV must be provided and kept in full working order and fully compliant with Data Protection.

   

  5.              There must be supervision of queues.

   

  6.              The supply of alcohol must cease 30 minutes before the premises is shut, whereupon "mood" music will be played to patrons.

   

  7.              The premises shall join and maintain membership of the Torquay Night-time Economy Forum where a premises management representative shall attend at least 2 meetings per calendar year.

   

  8.              On every operational day when door supervision is required then those SIA door supervisors employed in front of house duties shall wear high visibility reflective jackets for the entirety of their duty.

   

  9.              There shall be no entry or re-entry of patrons to the premises after 2am.

   

  Public Safety

   

  1.              Door staff must be rotated around the club.

   

  2.              All bars must be fitted with panic lights.

   

  3.              All doors staff must be equipped with radios.

   

  4.              Awareness posters for binge drinking and drink driving must be displayed.

   

  5.              There must be regular glass and bottles collection.

   

  6.              The premises licence holder and/or the DPS must maintain a health and safety risk assessment procedure.

   

  7.              The premises licence holder and/or the DPS must provide toilet attendant/medical room/qualified first aiders.

   

  8.              Fire Safety Measures for which the premises are provided, must be maintained in good working order and their adequacy will be determined on a regular basis by carrying out a fire risk assessment, as required by, and in accordance with the Fire Precautions (Work Place) Regulations.

   

  9.              The premises licence holder and/or the DPS must take precautions to maintain occupancy levels.

   

  10.              Electrical system, including portable appliances must be inspected and tested annually by a competent electrician to ensure safety.

   

  11.              Where temporary electrical equipment is to be used, a suitable circuit breaker device must be installed to cover this equipment.

   

  12.              Free drinking water must be available at all times.

   

  13.              When disabled people are present, adequate arrangements must exist to enable their safe evacuation in the event of any emergency, review and assessment of access ability in line with the Disability Discrimination Act will be completed and kept on the premises.

   

  14.              The premises licence holder and/or the DPS must ensure that at all times there are adequate first aid arrangements.  Suitable protective equipment must be provided to deal with hypodermic needles, blood spillages and other body fluids.

   

  15.              Procedures must be in place to ensure that body fluids are dealt with in safe manner to avoid the risk of communicable diseases.

   

  16.              Gangways, exits routes and steps must be maintained in good order and non slippery and even surfaces.

   

  17.              A means of addressing patrons during operating hours which can be heard above entertainment, or a means of interrupting the entertainment to make important safety announcements must be made available.

   

  18.              For boxing and wrestling, an appropriately qualified medical practitioner shall be present when entertainment involving boxing, wrestling, judo, karate and other sports of a similar nature is taking place.

   

  19.              Any event involving wrestling or similar sport - the public shall not occupy any seat within 2.5 metres of the ring.

   

  20.              When a ring is constructed, it shall be of an appropriate nationally recognised standard and any material shall be of a fire resistant nature.

   

  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.              The premises must be fully soundproofed.

   

  3.              Signage asking for orderly egress and patrons cannot take out bottles and drinks must be displayed.

   

  4.              A payphone within the foyer must display local taxi numbers.

   

  5.              An appropriate break in accordance with licensing conditions must be used between the supply of alcohol and the premises closing.

   

  6.              Noise from the premises shall not be audible within any dwelling with windows open for normal ventilation especially after 11pm.  This shall be assessed form the boundary to the nearest residential properties, on all sides of the licensed premises.  The criteria that shall be applied are:

                (i)              Before 11pm - Noise emanating from the premises shall not be clearly distinguishable above other noise.

                (ii)              After 11pm - 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, to make further assessments from within the residential property.

   

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

   

  8.              Deliveries of kegs, bottles, food or other materials necessary for the operation of the business shall be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.

   

  9.              Provision of mechanical ventilation and air conditioning system shall not allow noise breakout from the premises or cause a nuisance by its operation.

   

  10.              Regular maintenance shall be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.

   

  11.              The handling of beer kegs, bottles and other similar items shall not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside buildings.

   

  12.              Bottle skips and bins containing cans or bottles shall not be emptied outside after closing but shall be dealt with the next day during normal office hours.

   

  13.              All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting lid.  This shall help prevent litter being blown around.

   

  The Protection of Children From Harm

   

  1.              There must be no under 18 entry into the Venue at all times.

   

  2.              Door staff must ask for proof of ID.

   

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

•  

  Public Safety

   

  1.              The use of the Martin Atomic 3000 DMX shall only be permitted in instances where the flicker rate of the output unit is three and a half flicks per second or less.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.