The Apple & Parrot/Tiffany's

17 The Strand, Torquay, Devon, TQ1 2AA

Completed application 023421 which is a Minor Variation Application for Premises Licence from 26/10/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• 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.

   

•  

  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).

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

•  

   

  The Prevention of Crime and Disorder

   

  1.              The licensees shall operate door supervisors, 9 CCTV, toughened glasses, and promote safe and responsible drinking.

   

  2.              An incident book of all incidents shall be kept.

   

  3.              There shall be no lewd acts, and the management shall ensure the same.

   

  4.              There shall be no use of any live animals during any striptease performance.

   

  5.              The performances of dance shall be carried out by artists of the same sex.

   

  6.              There shall be no physical contact between artists and patrons.

   

  7.              The regulated entertainment applied for shall be either on the ground floor or first floor or both.

                (i)              When the regulated entertainment is on the first floor, no patrons under 18 shall be permitted to view or to enter the first floor.

                (ii)              When the regulated entertainment is on the ground floor, no patrons under 18 during the period of the regulated entertainment shall be permitted to view or enter the ground floor.

   

  8.              CCTV shall operate throughout the time the premises are open to the public with a recording monitor.  All recordings shall be kept for a minimum period of 31 days during which time the Police shall have access to recordings at any reasonable time.

   

  9.              On every occasion that the premises sells alcohol after midnight and then closes after 12.30am, SIA door staff shall be employed from 9.00pm until closing.

   

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

   

  11.              Premises shall maintain membership and participate in the Nitenet Radio Communications Scheme.

   

  12.              All measures shall be in place for the prevention of crime and disorder including CCTV and night net radio.

   

  13.              CCTCV shall operate throughout the time the premises open to the public with a recording monitor.  All recordings shall be kept for a minimum period of 14 days during which time Police shall have access to recordings at any reasonable time.

   

   

  Public Safety

   

  1.              The fire safety measures with which the premises are provided shall be maintained in good working order and their adequacy shall be determined on a regular basis by the carrying out of a fire risk assessment as required by and in accordance with the fire precautions (workplace) regulations.

   

  2.              The licensees shall undertake to maintain a safe level of occupancy.

   

  3.              All exit doors shall be easily openable without the use of a key, card, code or similar means and shall be available for egress while the public are on the premises.

   

  4.              Means of escape shall be maintained, unobstructed, immediately available and identifiable.

   

  5.              Exit doors shall be regular checked to ensure they function satisfactorily.

   

  6.              Records of these checks shall be kept and produced on request.

   

  7.              Any removable security fastenings shall be removed whenever the premises are open to the public or staff.

   

  8.              All gangways, exit routes and steps shall maintain non-slippery and even surfaces.

   

  9.              All floor coverings shall be secured and maintained so they will not ruck.

   

  10.              Hangings/curtains and temporary decorations shall be maintained in flame-retardant condition.

   

  11.              Upholstered seating shall be fire-retardant and shall comply with current fire safety regulations.

   

  12.              Curtains, hangings and temporary decorations shall not obstruct exits.

   

  13.              Fire safety signs or fire fighting equipment notices detailing any actions to be taken in the event of fire or other emergency shall be properly displayed and maintained in good condition.

   

  14.              Access shall be provided for emergency vehicles and these access shall be kept clear and free from obstruction.

   

  15.              An evacuation policy shall be in place and to the satisfaction of the fire authority.  All staff members shall be trained in the evacuation policy.

   

  16.              Exit doors must open outward (or shall be secured in the open position) fire alarms, fire fighting equipment must be serviced and tested annually by an approved contractor.

   

  17.              The electrical system, including portable appliances shall be inspected and tested annually by a competent person to ensure safety.

   

  18.              Free drinking water shall be available at all times.

   

  19.              When disabled people are present, adequate arrangements shall exist to enable their safe evacuation in the event of an emergency.  Review and assessment of accessibility in line with the Disability Discrimination Act shall be complete and kept on the premises.

   

  20.              The licensees shall ensure that at all times there are adequate first aid arrangements.  The arrangements for first aid provision include a first aid box, an adequate and appropriate supply of first aid equipment and materials to be used by patrons.  Suitable protective equipment shall be provided to deal with hypodermic needles, blood spillages and other body fluids.  Procedures shall be in place to ensure that body fluids are dealt with in a safe manner to avoid the risk of communicable diseases.

   

  21.              Gangways, exit routes and steps shall be maintained in good order with non-slippery surfaces; edges of steps and stairwells shall be conspicuously marked.

   

  22.              Where glazing forms a part of windows, walls or partitions below waist height must be constructed of safety materials.  Where glazing forms part of the door or site panel below shoulder height it must be constructed of safety materials.

   

  23.              Means of addressing patrons during operating hours, which must be heard about entertainment, or as a means of interrupting the entertainment and making important safety announcements shall be available.

   

  24.              CCTV must be in operation areas not visible from the bar.

   

  25.              The approved "adult entertainment" shall be given only by performers/entertainers and the audience shall not be permitted to participate.

   

  26.              No persons other than the dancers engaged in the "approved adult entertainment" shall be in the licensed areas in a state of undress.

   

  27.              There shall be no physical contact between customers and the dancers other than detailed in condition 30 below.

   

  28.              Except as permitted in condition 30 below, the licensee shall not encourage, or permit encouragement to be made to the audience to throw money at or otherwise to give gratuities to performers.

   

  29.              The only time any physical contact is allowed with a customer during "approved adult entertainment" shall be when a performer introduces him/herself (handshake/kiss on the cheek) at the start of the performance and again at the conclusion of the performance, or when a tip is placed in the garter (females) or arm band (males).  There shall be no other form of contact.

   

  30.              Lap dancing/table dancing entertainment under this consent shall be provided solely by dancer to customers seated at tables.

   

  31.              There shall be no private booths or performing areas provided on the premises.

   

  32.              The premises shall be equipped with a Closed Circuit Television System installed, and maintained to the satisfaction of the local police authority.  CCTV shall be installed to cover all areas where "approved adult entertainment" shall take place and shall continually record during these performances.  Recordings shall be made available to a duly authorised officer of the licensing authority on request.

   

  33.              Other than recordings made in accordance with condition 33 above, no photographs, filming, recording, or electronic transmission of performances shall take place without the prior consent of the licensing authority.

   

  34.              The applicant shall ensure that prior to engagement, all performers for "approved adult entertainment" shall provide documents proving that they are over 18 years of age.  Such documents shall be copied and retained on the performer's file.

   

  35.              Whilst "approved adult entertainment" takes place, not less than two door supervisors shall be employed in that part of the premises used for "approved adult entertainment".

   

  36.              There shall be no physical contact between dancers whilst performing "approved adult entertainment".

   

  37.              No performer shall give or accept telephone numbers from members of the audience.

   

  38.              No performer shall be allowed to work if, in the judgement of the management, they appear to be intoxicated, or under the influence of illegal substances.

   

  39.              No customer shall be admitted to the premises if, in the judgment of the management they appear to be intoxicated, or under the influence of illegal substances.

   

  40.              The performers shall be provided with changing room(s) which shall be located so as to be separate and apart from the public facilities.

   

  41.              No person other than performers and authorised staff shall be permitted in the changing room(s).

   

  42.              The licence holder shall provide a copy of the house rules to the licensing authority for approval.

   

  43.              On arrival, each customer shall be provided with a copy of the house rules which shall include:-

                (a)  No person under the age of 18 shall be permitted to view the "approved adult entertainment".

                (b)  The only time any physical contact shall be allowed between a performer and a customer is when the performer introduces him/herself with a handshake/kiss or when the tip is placed in their garter or arm band.  Other than that, there shall be no contact.

                (c)  No member of the audience shall throw money or otherwise give gratuities to the performers except as permitted in (b) above.

                (d)  There shall be no physical participation by any member of the audience.

                (e)  No customer shall accept from or give to any performer or member of staff any telephone number or business card or note.

                (f)  Customers must not be permitted to photograph, record, film or electronically transmit any performance.

                (g)  Customers shall be asked to remain seated whilst watching a performance of "approved adult entertainment".

   

  44.              A clear copy of these conditions and the house rules shall be exhibited at all times in or near the performers' changing room(s) in such a manner as they can be read by the performers.  These conditions shall be protected against theft, damage or defacement.

   

  45.              A copy of the house rules including those listed at condition 44 shall be clearly displayed on each table and in each bar area.

   

  46.              Performers must not:

                (a)  Climb onto furniture provided for patrons.

                (b)  Simulate sex acts

                (c)  Remain in a state of undress when they have completed their act.

   

  47.              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 Floor - 250

                The First Floor - 200.

                Control of capacity shall be maintained by manual clickers.

  .             

  48.              On any Thursday, Friday, Saturday and Sunday night that the premises remain open for the sale of alcohol after midnight and then closes after 00.30hrs, SIA door supervisors shall be employed on the premises from 22.00 hrs until close, at a ratio of 1 supervisor per 100 customers.  (This condition shall also apply on Christmas Eve and New Years Eve when they do not fall on a Thursday, Friday, Saturday or Sunday.)  On all other occasions, the premises licence holder shall risk assess the requirement for door supervisors and employ such door supervisors, if at all, in such numbers and at such times determined by that risk assessment.

   

  The Prevention of Public Nuisance

   

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

   

  2.              The air conditioning and air extraction must not make noise which will cause a nuisance by its operation to neighbours.

   

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

   

  4.              All external doors and windows shall be kept shut where possible, other than for access and egress, in all rooms when events involving amplified music or speech or other entertainment likely to give rise to noise are taking place.

   

  5.              The licensees or a senior member of staff (manager) shall assess the impact of any noisy activities on neighbouring properties at the start of the activity/entertainment and periodically throughout the activity/entertainment.

   

  6.              The volume of amplified sound used in connection with the entertainment shall at all times be under the control of the management.  The premises has the benefit of a noise limiter and the same shall be under the control of the management.

   

  7.              Suitable signage at exits requesting that patrons make as little noise as possible when leaving the premises shall be displayed.

   

  8.              Patrons shall be asked not to stand around in the street outside the premises and shall be asked to leave quickly and quietly.

   

  9.              The management shall continue in their responsible attitude towards noise management.

   

  10.              Deliveries of goods shall be restricted to hours between 08.00 and 17.00 hours.

   

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

   

  12.              Skips and bins containing cans or bottles shall not be emptied after the premises close but shall be dealt with the next day during office hours.

   

  13.              The movement of bins and rubbish outside the premises shall be kept to a minimum after 17.00 hours.

   

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

   

  The Protection of Children From Harm

   

  1.              Proof of age shall be requested for the purchase of alcohol.

   

  2.              All films shown shall be in accordance with the British Film Board Classification and shown to persons in accordance with that classification.

   

  3.              No patrons under the age of 18 shall be permitted to view the performances of dancing including lap dancing, pole dancing, striptease and dancing of a similar description when the performances are put on.

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

•  

  The Prevention of Crime and Disorder

   

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

   

  2.              Premises shall join and maintain membership of the Torquay Night Time Economy Forum, where premises management shall attend at least two meetings per calendar year.

   

  3.              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.

   

  The Protection of Children From Harm

   

  1.              There shall be clear signage that indicates entertainment is taking place which is not suitable for people under 18 years of age.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.