Cinnabar

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

Completed application 035163 which is a Minor Variation Application for Premises Licence from 07/08/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment facilities for making music
• entertainment facilities for 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.

   

  3)                            (1)  The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

   

                                   (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as  defined in section 159 of the Act);

   

                                (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;

   

                      (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on -

   

                                 (i)        the outcome of a race, competition or other event or process, or

   

                                  (ii)               the likelihood of anything occurring or not occurring;

   

                  (e) 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.

   

  4)              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  5)              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6)                             (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

                       (2) 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 a holographic mark.

   

  7)              The responsible person shall 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

   

                                (ii) still wine in a glass: 125 ml; and

   

                (b) customers are made aware of the availability of these measures.

   

  8)              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.

   

•  

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

   

  2.              The premises shall join and maintain membership of Nightnet Radio Communications Scheme.

   

  3.              As the premises is adjacent to "no drinking zone" specified by the Council, the licensee shall take steps in the form of advertising to thieir patrons on exit that they are entering a "no drinking zone" and no open drinking vessels are to be taken beyond such points.

   

  The Prevention of Crime and Disorder

   

  1.              A CCTV system to the satisfaction of the police 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 Sundays, Mondays, Tuesdays, Wednesdays and Thursdays the DPS shall undertake a risk assessment as to the need of SIA, if the premises sells alcohol after 12 midnight and remains open after 00.30hrs.  The DPS should consider the nature of the event, the number of persons expected to attend and recommendations of Devon and Cornwall Police.  If SIA are deemed necessary then they shall be employed from 22.00hrs until closing and at a ratio of 1 per 100 customers.

   

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

   

  4.              Written records of all SIA door supervisors including full name and full SIA badge number shall be kept on the premises for at least 12 months and be available for inspection at any reasonable time by a member of the Responsible Authorities.

   

  5.              On Fridays and Saturdays when the premises sell alcohol after midnight and remain open after 00.30hrs all drinks must be served in toughened or strengthened polycarbonate or plastic glasses from 22.00hrs.

   

  6.              On days when the premises sell alcohol after midnight and remain open after 00.30hrs, no drinks shall be served after 22.00hrs in glass bottles from which it is intended or likely that a person shall drink.

   

  7.              There shall be no entry or re-entry to the premises after 02.00hrs when alcohol is served until 03.00hrs.

   

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

   

  9.              Food shall be available from opening time until 24.00hrs.

   

  10.              All drinks promotions shall be managed in a responsible manner.

   

  11.              On all days the premises remain open until 03.30hrs, from 22.00hrs onwards the DPS or a Personal Licence Holder shall be on duty at the premises.

   

  Public Safety

   

  1.              The Premises Licence Holder must undertake a regular fire risk assessment.

   

  2.              An accident/incident book must be maintained at the premises and be available for inspection by Responsible Authorities, such record to be retained for 12 months.

   

  The Prevention of Public Nuisance

   

  1.              Noise or vibration must not emanate from the premises, such as to cause residents 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 23.00hrs.  The assessment point will be the boundary of the nearest residential property on each side of the licensed premises.  The criteria of that will be applied are:-

   

                i)              Before 23.00hrs - Noise emanating from the premises shall not be clearly distinguishable above other noise.

                ii)              After 23.00 hrs - 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.              The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the licensee/management and the controlling mechanism shall be operated from a part of the premises not accessible to the public.

   

  3.              No external speakers shall be operated.

   

  4.              All windows and doors shall be closed during periods of regulated entertainment after 22.00hrs.

   

  5.              Entrances must be provided with lobbies, with automatic door closes.  Access is to be restricted to via the lobbies when regulated entertainment takes place after 22.00hrs.

   

  6.              Staff shall regularly check levels in the surrounding outside area, in particular during live music performances.

   

  7.              Prominent, clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and leave the premises and area quietly and in an orderly manner.

   

  8.              First floor external area shall be used for smoking purposes only after 02.00hrs.

   

  9.              Bottle skips shall be emptied during daytime only.  Delivery and handling of bottles and beer kegs shall not take place in the later evening at night or during the early morning.

   

  10.              Effective ventilation shall be provided in the kitchen area where food is being prepared and cooked.  Staff should monitor for persistent or offensive smells.

   

  11.              Any person employed at the premises in the sale and supply of alcohol shall attend and successfully complete BIIAB Level 1 Award in Responsible Alcohol Retailing within 2 months of commencing employment.

   

  12.              A record of all staff training, including copies of all relevant BIIAB Certificates shall be kept on the premises and be available for inspection at any reasonable time by a member of the Responsible Authorities.  Such record to be kept for at least 12 months.

   

  The Protection of Children from Harm

   

  1.              Young persons who appear to be under the age of 21 shall be asked for identification before they are served alcoholic drinks.

   

  2.              Children shall not be allowed on the premises after 22.00hrs, unless attending a private function.

   

   

   

   

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

•  

  The Prevention of Crime and Disorder

   

  1.              The premises must join and participate in the Torquay Nitenet Radio Scheme.

   

  2.              The premises shall join the Torquay Night Time Economy Forum and the DPS or a member of the management team shall attend at least two meetings per calendar year.

   

  3.              At each exit used by customers, suitable signage shall be displayed; informing customers that they are entering a 'No Drinking Zone' and that no open drinking vessels are to be taken beyond such point.

   

  4.              At each exit used by customers, suitable signage shall be displayed, requesting customers to leave in a quiet and orderly manner.

   

  5.              On Fridays and Saturdays, Sundays and Mondays of Bank Holiday Weekends, New Years Eve, Christmas Eve, Boxing Day, Valentines Day and Halloween (whenever they do not fall on a Friday or Saturday) when the premises sells alcohol after midnight and remains open after 12.30am, SIA door stewards shall be employed on the premise from 10.00pm until closing at a ratio of 1 door supervisor per 100 customers.

   

  The Prevention of Public Nuisance

   

  1.              Door staff shall monitor the immediate vicinity of the premises and take all reasonable steps to ensure patrons leaving the premises do so quietly so as not to disturb residents.

   

  2.              All windows and doors shall be closed after 19.00 during periods of regulated entertainment.

   

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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