Rock Garden

40-44 Swan Street, Torquay, Devon, TQ2 5ES

Completed application 007701 which is a Transfer Application for Premises Licence from 26/01/2006 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

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:  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 continue to operate in the same way that it does at present in terms of its trading style, customer base and activities.

   

  2.              Music videos shall be currenlty played at the premises under an exemption within the Cinemas Act which cannot be "converted".

   

  3.              The premises was granted a public entertainment licence after the 7th February subject to the standard conditions of the Local Authority and the premises shall continue to be operated in accordance with those provisions.

   

  The Prevention of Crime and Disorder

   

  1.              SIA registered door supervisors shall be employed on all occasions the premises operate after 23.30 throughout the evening.

   

  2.              CCTV shall be installed in the premises and tapes retained for 31 days.

   

  3.              Staff shall receive training in respect of all aspsect of management of the bar and licensing law and the Barsafe policy identifies staff training as fundamental to the good conduct of premises.  Training will be ongoing.

   

  4.              The manager shall be an active member of the Local Pubwatch scheme.

   

  5.              There shall be no irresponsible drink promotions and under the Barsafe policy the company operates its own minimum pricing scheme and will always adhere to any local pricing policy.

   

  Public Safety

   

  1.              Sufficient numbers of staff shall be employed to provide an efficient service at the bar and in addition to waiting on customers who are dining at the premises.

   

  2.              The premises shall maintain electrical systems including fire alarm, emergency lighitng, all electrical installation and gas appliances with annual test and more frequent as required.

   

  The Prevention of Public Nuisance

   

  1.              Customers shall be advised by staff and doorstaff to leave the premises quietly and respect the neighbours. 

   

  2.              Doorstaff shall ensure doors and windows remain closed from 9pm.

   

  3.              Music shall not be played at a level which would be intrusive for neighbours and any advice form the Environmental Health Officer shall be followed.

   

  4.              The premises shall remain open 30 minutes after the sale of alcohol has ceased and more sedate music shall be played at a much lower level to provide a wind down period before closing.

   

  The Protection of Children From Harm

   

  1.              No person under the age of 18 shall be permited into the premises after 8pm.

   

  2.              Only photographic identification shall be accepted being a passport or driving licence.

   

  3.              The premises shall operate "challenge 21" and any person who appears under the age of 21 shall be asked for ID.

   

• Additional Conditions Transferred from the Licence

   

  1.              Substantial food to be available at all times the premises are open.

   

  2.              Full CCTV be installed at the premises, to include a recording monitor behind the bar servery.  Recordings to be retained for a minimum of 14 days, during which time they will be available to a police officer on demand at any reasonable time.  Such system to be installed in liaison with the Police Licensing Department.

   

  3.              Door stewards to be employed at the premises as follows:

   

                (a)              Between the 1 June and 31 August, Thursdays to Saturdays inclusive, at least two door               stewards from 8.00pm to closing time.

                (b)              During the rest of the year, Fridays and Saturdays, from 8.00pm at least one door steward.

                (c)              To consider extra door stewards to cover Bank Holidays and any other major event as               requested by the local police.

   

•  

  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:

   

  (a)               during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

   

  (b)               during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
   

  (c)               during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
   

  (d)               consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
   

  (e)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
   

  (f)               the sale of alcohol to a trader or club for the purpose of the trade or club.
   

  (g)               the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
   

  (h)               the taking of alcohol from the premises by a person residing there; or
   

  (i)               the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
   

  (j)               the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of the employer or of the person carrying on or in charge of the business on the premises.

  Credit Sales

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

   

  (a)               with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
   

  (b)               for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
   

  (c)               to a canteen or mess.

   

•  

  ON LICENSED PREMISES - CHILDREN'S CERTIFICATE

   

  A notice which states that a Children's Certificate is in force, in relation to the area to which the certificate relates, and explains the effect of the certificate and of any conditions attached to it must be posted in some conspicuous place in that area.

   

  No person under fourteen shall be in the bar of the canteen during the permitted hours unless one of the following applies:

   

  (a)              He is the child of the holder of the premises Licence.

   

  (b)              He resides in the premises, but is not employed there.

   

  (c)              He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

   

  (d)              The bar is in premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

   

  (e)             

   

                i.              He is in an area shown on the plan attached to the licence.

                ii.              Meal and non-alcoholic beverages are available for sale for consumption in that area.

                iii.              He is in the company of a person aged 18 or over.

                iv.              He is there prior to 9pm.

                v.              He may remain in the area of the premises specified during the first thirty minutes after the certificate has ceased for the consumption of refreshments.

   

  In this condition "bar" includes any place exclusively or mainly used for the consumption of alcohol.  But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  Note:

   

  The latest hour for operation of a certificate is 9 pm See Sch 12A para 5(1) LA 1964. Where justices have imposed a later hour under Sch 12A para 5(2), that should be reflected in condition (5) (d).

   

   

  Conditions transferred from the Childrens Certificate

   

  1.              Meals and beverages (othe rthan intoxicating liquor) shall be available fo sale or consumption in hte area to which the certificate relates at all times when the certificate is               operational.

   

  2.              The hours of the certificate are               11.00am to7.30pm weekdays

                                                                        12 noon to 7.30pm Sundays

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

•  

  Prevention of Crime and Disorder

   

  1.              On nights where the sale of alcohol is to exceed midnight then SIA doorstaff shall be on duty on every occasion as from 9pm until the premises closes.

   

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

   

  3.              The premises shall join and maintain their membership to the "Nitenet" system currently in operation within Torbay.

   

  4.              All persons employed to serve alcohol to members of the public must be over the age of 18.

   

  Public Safety

   

  1.              The ratio of SIA stewards to customers on the premises shall be no less than 1:75.

   

   

  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.  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 will be assessed from the boundary to the nearest residential properties, on all sides of the licensed premises.  The criteria that will 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 (i.e. semi's and terraced properties), to make further               assessments from within the residential property.

   

  2.              A noise limitation device must be installed to control the system to which all amplification equipment is fitted.  This device shall be regularly maintained to ensure that the noise produced within the premises will not be audible within any residential properties in the vicinity.

   

  3.              The volume at 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.

   

  4.              Noise levels within the premises resulting from the operation of any musical instrument or amplified equipment shall be regulated so as to protect the hearing of any employee therein in accordance with current standards.

   

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

   

  6.              The placing of refuse, such as bottles, into receptacles outside the premises must take place at times that will prevent disturbance to nearby properties.

   

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

   

  8.              Doors and windows must be kept shut during entertainment to reduce noise breakout.  A management scheme shall be in place to ensure this situation remains.

   

  9.              Patrons shall be asked not to stand around talking in the street outside the premises or any car park, and asked to leave the vicinity quickly and quietly.

   

  10.              An announcement shall be made prior to closing requesting patrons' cooperation in leaving the premises and vicinity as quietly and quickly as possible.

   

  11.              Staff shall check prior to entertainment, and periodically during the entertainment, that all windows and doors are shut.

   

  12.              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.

   

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

   

  14.              Regular maintenance shall be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a mininum.

   

  15.              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.

   

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

   

  17.              The movement of bins and rubbish outside the premises shall be kept to a minimum after 11.00pm.  This will help to reduce the levels of noise produced by the premises.

   

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

   

  19.              When food for consumption off the premises is sold, adequate waste receptables for use by patrons shall be provided in the local vicinity.  All the rubbish produced by the premises shall be stored securely in a designaged area or in a bin with a tight fitting lid.  This will help prevent litter being blown around.

   

  20.              Facilities for depositing litter and the collection of litter generated by patrons shall be available and maintained, where outside areas are provided for the use of patrons.

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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