Marley's

63 Babbacombe Downs Road, Babbacombe, Torquay, Devon, TQ1 3LP

Completed application 023045 which is a Transfer Application for Premises Licence from 01/10/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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
• the sale by retail of alcohol
• provision of late night refreshment
• a performance of a play
• an exhibition of a film
• 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

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 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.

   

   

   

•  

  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.              Other than in the Late Lounge and to bona fide residents and their guests, the sale of alcohol shall cease no later than midnight daily.

   

  2.              The provision of late night refreshment (other than to bona fide residents and their guests) shall cease no later than 30 minutes after the hours permitted for the sale of alcohol in each part of the premises.

   

  3.              In respect of non-residents the opening hours of the premises shall be further restricted:-

                5.1  In the Late Lounge until 01.30 the day following on Mondays to Saturdays and 01.00 on Sundays.

                5.2  In all other parts of the premises until 00.30 the day following each day.

   

  4.              The provision of all regulated entertainment, other than that provided in the late lounge, shall cease at midnight.

   

  5.              The use of outside areas, other than the first floor terrace, shall cease at 24:00 hours.

   

  6.              The use of the first floor terrace shall cease at 23:00 hours.

   

  7.              The use of the first floor terrace shall cease at 23:00.

   

  The Prevention of Crime and Disorder

   

  1.              Whenever regulated entertainment involving live or recorded music is provided to the public in the Late Lounge:-

                1.1  SIA door staff shall be provided to cover all entry to the Late Lounge and to supervise therein in the ratio of 1 member of door staff for every 75 persons (or part thereof) expected to attend the event;

                1.2  The said door staff shall be present throughout the duration of the event and for 30 minutes thereafter.

                1.3  Nothing herein shall impose a requirement that SIA registered door staff shall be employed if the event is a pre-arranged private function for bona fide invited guests, to which the general public will not be admitted.

   

  2.              The maximum permitted capacity of the Late Lounge shall be 150 persons.

   

  The Prevention of Public Nuisance

   

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

   

  2.              The volume of amplified sound used in connection with any regulated entertainment provided shall at all times be under the control of the designated premises supervisor or management and the controlling mechanism shall be operated from a part of the premises not accessible to the public.

   

  3.              Self door closers must be fitted and used on the doors that open onto the terrace from the first floor function room.

   

  The Protection of Children From Harm

   

  No conditions beyond the statutory restrictions in the Licensing Act 2003 relating to children are proposed in respect of these premises (including the mandatory condition relating to

  the exhibition of films).

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

•  

  The Prevention of Crime and Disorder

   

  1.              Where the late lounge is utilised other than for bona fide events for invited guests (i.e. private functions), when members of the public are in attendance then:

   

                a)              A CCTV system of an evidential standard shall be installed to the satisfaction of the Police, and the system to be in operation at all times the premises are open to the public.  All recordings from that system shall be kept for a period of 14 days and the police to have access to all recordings at any reasonable time.

   

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

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.