TQ One

Ground Floor, 22 Victoria Parade, Torquay, Devon, TQ1 2BB

Completed application 032738 which is a Internal Amendment/Variation for Premises Licence from 05/11/2013 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• entertainment facilities for dancing
• the sale by retail of alcohol
• 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

   

   

•  

  The Prevention of Crime and Disorder

   

  1.              Opening hours shall be displayed on front doors with a sign showing over 18 only.

   

  2.              The number of maximum occupancy including staff shall be 150.

   

  3.              The door control system shall be in place with use of the number counters and recorded.

   

  4.              The licensee shall be responsible for checking the occupancy and not exceeding the maximum occupancy.

   

  5.              There shall be a notice on all exits to remind patrons to not cause annoyance to residents or persons passing by.

   

  6.              There shall be signs to show patrons to be aware of theft and spiked drinks.

   

  7.              Staff register must be in place recording start and finish times of all personnel.

   

  8.              The premises shall continue with their drugs policy.

   

  9.              A drugs box shall be in use in the search area and police drugs bags must be used.

   

  10.              A hardbound drug register shall be in place.

   

  11.              All drinking glasses must be toughened on these premises and stamped in accordance with weights and measures.  No bottles or glasses must be taken off the premises and a notice to patrons must be in place.

   

  12.              As premises with a pavement cafe licence in the designated area, the licensee must ensure that patrons will be sat at tables and no alcohol will be served in glasses other than shatterproof or plastic glasses.

   

  13.              To prevent the sale of alcohol to under 18's, under 18's must not enter the premises at any time.  Door supervision shall regularly check for ID from patrons.

   

  14.              Regular glass collection shall be undertaken throughout the premises.

   

  Public Safety

   

  1.              There must be access for emergency vehicles at the front and side of the building.

   

  2.              SIA door supervision must be in place for crowd control on front doors.

   

  3.              SIA door supervisors and staff must be trained to make sure that all gangways and exits are clear.

   

  4.              No curtains shall be used on the premises.

   

  5.              All premises must have emergency lighting, a log and maintenance is kept and tested daily.

   

  6.              If lighting fails SIA door supervisors and staff shall evacuate and give a safe escape off the premises, staff training on evacuation shall be given and logged.

   

  7.              A cooling system must be in place and the premises must be well ventilated.

   

   

  The Prevention of Public Nuisance

   

  1.              The premises shall continue to use the sound limiter fitted by Torbay Council which is unable to be tampered with.

   

  2.              The premises shall continue to use the sound proofing which has also been installed in the walls and ceilings and in the speaker cavities.

   

  3.              No musical instruments must be used on the premises.  Staff shall be offered ear plugs if they choose to use them, a notice shall be available to advise staff.

   

  4.              There must be a notice on all exits to inform patrons and staff to leave the premises quietly in respect of the local residents.

   

  5.              Bottles shall not be emptied into the bins outside the premises after 11pm.

   

  6.              All food and beer deliveries shall be carried out during the day, not before 9am.

   

  7.              Staff that leave the premises at night shall take into consideration of the noise level and not to disturb local residents.

   

  8.              Exits must be closed during entertainment.

   

  9.              Patrons shall be asked not to stand around outside the premises talking and asked to leave the vicinity quickly and quietly.

   

  10.              An announcement shall be made by the DJ to the patrons to leave the premises quickly and quietly.

   

  11.              SIA door supervisors shall be positioned at exits, particularly at closing times to ensure patrons leave quietly.

   

  12.              The door stewards shall use the lobby.

   

  13.              A noise limitation device shall continue to be in use and set by Torbay Council.

   

  14.              The volume of music shall continue to be set by Torbay Environmental Protection team.

   

  15.              Staff shall check at regular parts of the evening that doors and windows are locked.

   

  16.              A senior member of staff (manager) shall assess the impact of any noisy activities on neighbouring residential premises.

   

  17.              Cooling systems shall not cause a nuisance by its operation.

   

  18.              Regular maintenance shall be carried out on the air cool system.

   

  19.              All deliveries shall be between 9am and 6pm.

   

  20.              All bottles and rubbish shall be emptied outside the building by 11pm to reduce the noise to local residents.

   

  21.              No rubbish shall leave the premises after 11pm.

   

  22.              No music shall be amplified by external speakers.

   

  23.              CCTV must be on exits and monitor that patrons to do congregate in the area and cause annoyance.

   

  24.              The premises shall remain open at least half an hour after alcohol is served during which time patrons shall be dispersed gradually.

   

  25.              External neon lighting shall be used on the premises.

   

  26.              There shall be no lighting after 9pm in external areas unless approved by Torbay Council.

   

  27.              There shall be no take away facilities on food.

   

  28.              External areas shall be maintained by staff and all rubbish shall be collected and placed in bin provided.

   

   

  The Protection of Children from Harm

   

  1.              Children below the age of 18 shall be excluded from the premises or parts thereof during the time after 7pm and access to the washroom facilities before 7pm only.  There shall be a sign attached to the front door stating this.

   

  2.              All children must be accompanied by a responsible adult and shall be excluded from premises after 7pm.

   

  3.              Children must not be permitted past the lower bar area unless accompanied by a responsible adult for accessing the toilet.

   

  4.              The premises shall display clear signage advising when and where children are welcome on the premises.

   

  5.              The premises shall operate "Challenge 25" and any person who appears under 25 shall be asked for ID.

   

   

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

• The Prevention of Crime and Disorder

   

  1.              A CCTV system of an evidential standard must 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 must be kept for a period of 31 days and the police to have access to recordings at any reasonable time.

   

  2.              On every occasion that the premises sells alcohol after midnight and then closes at 12.30am, SIA door staff shall be employed from 10.00pm until closing.

   

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

   

  4.              Premises must join and maintain membership of the Nitenet Radio Communications Scheme.

   

  5.              There must be no entry or re-entry to premises after 1am.

   

  Public Safety

   

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

   

  The Prevention of Public Nuisance

   

  1.              Noise from the premises shall not be auidble within any dwelling with windows open for normal ventilation especially after 11pm.  This shall be assessed from the boundary to the nearest residential properties, on all sides of the licensed premises.  The criteria that shall 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, to make further assessments from within the residential               property.

   

  2.              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.

   

   

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.