Cinnabar

18-19 Victoria Parade, Torquay, Devon, TQ1 2BB

Completed application 014391 which is a Variation Application for Premises Licence from 26/03/2008 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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: 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 Public Entertainment Licence

   

  1.              This licence shall apply only to those parts of the premises named below and the maximum number of persons to be permitted within those areas shall not exceed the figure stated:-

   

  The Ground and First Floors (excluding exterior areas or balconies) - 450.

   

• General

   

  1.              The licensees shall give the Police and Council 10 working days notice before the occasion of events such as private parties, bookings and other similar events at management discretion.

   

  The Prevention of Crime and Disorder

   

  1.              There shall be a cooling down period of 30 minutes after last sales of alcohol when music will have been turned off.

   

  2.              During televised sporting events the licensees must ensure that table service is provided.

   

  3.              A CCTV of evidential standard must be in operation at all times that the premises are open and recordings shall be kept for 14 days.

   

  Public Safety

   

  1.              The premises shall continue to be maintained to the appropriate standards.

   

  The Prevention of Public Nuisance

   

  1.              Music must be turned down to background level at least 30 minutes before closing time.

   

  2.              Windows must be closed by 23.00 hours.

   

  3.              A member of staff must ask customers to leave quietly at closing time.

   

  4.              There must be signs at the exit reminding customers to leave quietly.

   

  5.              Soft drinks and/or hot drinks such as coffee must be available during cooling down period.

   

  6.              All plant/machinery must continue to be serviced.

   

  The Protection of Children From Harm

   

  1.              All bar staff must be trained regarding under age sales.  Records of such training must be recorded.

   

  2.              Parents must ensure that children are properly supervised.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

• The Prevention of Crime and Disorder

   

  1.              All drinks must be served in shatterproof glasses and no alcohol shall be served in glass bottles from which it is intended or likely that a person shall drink.

   

  The Prevention of Public Nuisance

   

  1.              Noise or vibration shall not emanate from the premises such as to cause the persons in the neighbourhood to be unreasonably disturbed.  In general terms, noise from the premises should not be audible within any noise sensitive premises (e.g. dwelling) with windows open for normal ventilation especially after 11pm.  This shall be assessed from 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.

   

  2.              To allow live and amplified music inside and to reduce noise break out, doors and windows facing onto any noise sensitive premises (e.g. dwelling) must be kept shut during entertainment.  A management scheme shall be in place to ensure this situation remains.

   

  3.              A senior member of staff (manager) shall assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment to ensure levels of noise have not increased.

   

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

   

  5.              The handling of beer kegs, bottles and other similar items must 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.

   

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

   

  7.              The movement of bins and rubbish outside the premises shall be kept to a minimum after 11pm.  This will help to reduce the levels of noise produced by the premises.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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