Cinnabar

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

Completed application 017188 which is a Change of Supervisor for Premises Licence from 22/12/2008 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

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  ANNEXE 1

   

   

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  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.

   

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  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.

   

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  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

• General

   

  1.              The premises shall join and maintain membership of the Torquay Night-time Economy Forum, and representatives of the premises management shall attend at least two meets in each calendar year.

   

  The Prevention of Crime and Disorder

   

  1.              A CCTV system of evidential standard must be in operation 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 at any reasonable time.

   

  2.              On every occasion that the premises sells alcohol after midnight and remains open after 12.30am, SIA door stewards must be employed from 10.00pm until closing time, and the ratio of such stewards to customers shall be 1 to 100 based on occupancy.

   

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

   

  4.              All drinks must be served in toughened or strengthened glasses and no drinks to be served in glass bottles from which it is intended or likely that a person shall drink.

   

  5.              The premises must join and maintain membership of the Nitenet Radio Communications Scheme.

   

  6.              There shall be no entry or re-entry to the premises after 2.00am.

   

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

   

  Public Safety

   

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

   

  The Prevention of Public Nuisance

   

  1.              (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.              A noise limitation device shall be installed to control the system to which all house amplification equipment is fitted to ensure that the noise produced within the premises will not be audible within any residential premises in the vicinity.  The level of noise shall be set and secured to a level satisfactory to the Environmental Health Department of Torbay Council.  The device shall be regularly maintained within maintenance records kept for a minimum of 3 years.

   

  3.              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 measures shall be undertaken to prevent the above to the satisfaction of the Environmental Health Department of Torbay Council.  Measures shall take the form of either;

               

                (i)              Specific acoustic insulation to all facade windows and doors or

   

                (ii)              Control of the distribution of internal sound amplification equipment and speakers so as to prevent breakout of noise from regulated entertainment through the building facade.  This will include speakers not to be used in any upstairs area of the premises and ground floor speakers to be positioned within 10 metres or, and all times facing, the rear wall of the premises.

   

                (iii)              Regard must be had to the ventilation requirements of the Premises.

   

  4.              The volume of amplified sound used by the house in connection with the entertainment provided shall at all times be under the control of the DPS or Management and the controlling mechanism shall be operated from a part of the Premises not accessible to the public.

   

  5.              No external speakers shall be operated at any time.

   

  6.              All windows and doors shall be closed during periods of regulated entertainment after 10pm.

   

  7.              Entrances must be provided with lobbies with automatic door-closers.  The lobbies are in use throughout the time of entertainment after 10pm.

   

  8.              A senior member of staff (manager) shall assess the impact of any noise 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.

   

  9.              The DPS shall keep and maintain good order and decent behaviour in the Premises during the hours of public entertainment.  No performance or exhibition provided shall be of an obscene, indecent or objectionable nature.

   

  10.              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.

   

  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.              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.

   

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

   

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

   

  15.              Cooking, noxious or persistent smells from the premises shall not cause a nuisance to nearby properties and the premises must be properly vented.

   

  The Protection of Children From Harm

   

  1.              No persons under the age of 18 shall be employed on the premises in connection with the sale or supply of alcohol.

   

  2.              Under 18's shall not be permitted on the premises after 11.00pm.

   

  3.              All bar staff must be trained regarding under age sales.

   

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  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

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  None

   

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  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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