Bohemia

41 Torwood Street, Torquay, Devon, TQ1 1DZ

Completed application 056171 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 19/11/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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.

   

  3)              (1) The responsible person must 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:-

   

  (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 in a manner which carries a significant risk of undermining a licensing objective;

   

  (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 in a manner which carries a significant risk of undermining a licensing objective;

   

  (d) 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;

   

  (e) dispensing alcohol directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of disability).

   

  4)              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  5)              (1) The premises licence holder or club premises certificate holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol.

   

  (2) The designated premises supervisor in relation to the premises licence must ensure that the supply of alcohol at the premises is carried on in accordance with the age verification policy.

   

  (3) 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 either:-

   

  (a) a holographic mark, or

   

  (b) an ultraviolet feature.

   

  6)              The responsible person must 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

                (iii) still wine in a glass: 125 ml;

   

  (b) these measures are displayed in a menu, price list or other printed material which is available to customers on the premises; and

   

  (c) where a customer does not in relation to a sale of alcohol specify the quantity of alcohol to be sold, the customer is made aware that these measures are available.

   

  Minimum Drinks Pricing

   

  1)              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.

   

  2)              For the purposes of the condition set out in paragraph 1

   

  (a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979

   

  (b) “permitted price” is the price found by applying the formula P = D + (DxV)

   

  Where:-

   

                              (i) P is the permitted price

  (ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were charged on the date of the sale or supply of the alcohol, and

  (iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;

   

  (c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence:-

  (i) The holder of the premises licence

  (ii) The designated premises supervisor (if any) in respect of such a licence, or

  (iii) The personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and

   

  (e) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994.

   

  3)              Where the permitted price given by Paragraph (b) of paragraph 2 would (apart from the paragraph) not be a whole number of pennies, the price given by that sub-paragraph shall be taken to be the price actually given by that sub-paragraph rounded up to the nearest penny.

   

  4)              (1) Sub-paragraph (2) applies where the permitted price given by Paragraph (b) of paragraph 2 on a day (“the first day”) would be different from the permitted price on the next day (“the second day”) as a result of a change to the rate of duty or value added tax.

   

  (2) The permitted price which would apply on the first day applies to sales or supplies of alcohol which take place before the expiry of the period of 14 days beginning on the second day.

   

   

   

  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

   

  None

   

  Prevention of Crime and Disorder

   

  1.              Warning notices shall also be placed at the entrance door indicating conditions of entry including regular identification checks, random searches and the use of metal detectors.

   

  2.              The Licensees shall carry on working with the local authority and support any seasonal and other advertising campaigns.

   

  3.              The number of persons admitted to the premises on any one occasion shall not exceed a safe occupancy.  This is in agreement with the responsible authorities notably Devon Fire and Rescue and the Health and Safety team.

   

  4.              The Licensees shall be using a counting system operated by two doormen.  Each doorman shall have a clicker, one for people arriving and one for people leaving.  Once a safe occupancy level is reached no further persons shall be admitted until patrons leave or the time is reached when no further patrons are allowed to enter in accordance with the premises licence, whichever is the first.

   

  5.              Persons leaving the premises shall be reminded to conduct themselves in an orderly manner and not cause annoyance to other members of the public or nearby residents.

   

  6.              A very efficient 20 camera CCTV System must cover both inside and outside the premises in positions agreed with the Council and Police.  The system includes the use of Digital Day/Night Cameras with excellent quality images and all cameras are recorded to a high standard and kept for a minimum of 14 days and shall be made available to the police on demand.

   

  7.              All the door staff must be Security Industry Authority licensed.

   

  8.              Each accredited door steward when on duty must wear distinctive dress, are all over the age of 18 and are trained to vet customers and keep public order.

   

  9.              Every Door Steward and member of Management must carry effective 2 way radios with earpieces.  This equipment is kept in good working order and is used at all times when the premises is open to the public.

   

  10.              A Night Net Radio must also be held at the Head Door Steward at the entrance and all instances of crime and disorder shall be reported to the police.

   

  11.              The Search Room/Med Room shall be used to search entrants.  A management scheme is in place to ensure the search is operated in accordance with the recommendations.  Under no circumstances will any search take place in view of any other person who is not a personal licence holder or other employee.  Metal detection equipment shall be used and a female supervisor shall be available for searches on female customers.

   

  12.              There must be a zero tolerance with drugs and have a drugs policy in force on the premises, with the objective of securing, as far as reasonably practical, the safety of others attending the premises.

   

  13.              A secure drug deposit bag approved by Devon & Cornwall Police shall be located on the premises for the safe storage of any drugs found or seized.

   

  14.              There must be provision of safety glasses and plastic bottles.  All glasses are stamped in accordance with Weights and Measures Legislation.  No drinks, whether in glasses or bottles must be removed from the premises.

   

  15.              All the staff must be fully trained and at least one competent manager shall be on the premises whilst open to the public.  All bar staff will be suitably trained to prevent the sale of alcohol to under 18's.

   

  16.              Adequate glass and bottle collection shall be undertaken throughout the premises.

   

  17.              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.

   

  18.              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.

   

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

   

  20.              There must be no entry or re-entry to premises after 2am.

   

  21.              The premises shall join and maintain membership of the Torquay Night Time Economy Forum attending at least 2 meetings in each calendar year.

   

  22.              On every operational day when door supervision is required, then those SIA door supervisors employed in front of house duties shall wear visibility reflective jackets for the entirety of their duty.

   

  23.              Warning notices shall also be placed at the entrance door indicating conditions of entry including regular identification checks, random searches and the use of metal detectors.

   

  Under 18 events may take place to which the following conditions shall apply;

   

  1.              These events shall finish no later than 23.00 hours, after which there will be a 30 minute period before the nightclub opens to over 18s.

   

  2.              The police shall be notified in writing or email at least 14 days prior to the event.

   

  3.              At least 4 SIA door stewards must be employed throughout the event, which shall include at least 1 female steward.  All stewards shall have undergone a criminal records bureau check.

   

  4.              All alcohol shall be locked and or obscured from view.

   

  5.              All Gaming machines with prizes and cigarette machines shall be unplugged and locked.

   

  6.              All promotional material relating to alcohol shall be removed.

   

  7.              Any person refusing to be searched shall be refused entry.

   

  8.              Metal detectors shall be used random on entry.

   

  9.              The event shall be promoted to ages of 14 years and above.

   

  10.              Foreign student events shall be restricted to foreign students only.

   

  11.              Throughout under 18 events, the DPS or personal licence holder must be present.

   

  The Promotion of 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 Regulations. 

   

  2.              The premises shall undertake to maintain a safe occupancy level.

   

  3.              A log book shall be kept upon the premises in which shall be entered particulars of inspections made:  those required to be made by Statute, and information compiled to comply with any public safety condition attached to the premises licence that required the recording of such information.  The log book shall be kept available and produced for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.

   

  4.              Adequate access must be provided for emergency vehicles.

   

  5.              Where crowd management measures are needed all reasonable steps shall be taken to ensure that such persons do not obstruct exits, yards, passageways, stairways and ramps and that portable barriers shall be provided to prevent crushing and keep queues in an orderly fashion.

   

  6.              Suitable and clearly identifiable areas for dancing must be set aside and separate from the dance area suitable means of providing cool air/ventilation and adequate seating must be provided.

   

  7.              At least one qualified first aider shall be present on the premises during the whole time the premises are made available for regulated entertainment.

   

  8.              The date on which any staff have obtained first aid qualifications or received refresher training shall be recorded and kept within a log book.

   

  9.              Facilities and equipment suitable for the number of patrons and the type of event undertaken shall be provided to enable first-aid treatment to be given promptly in the event of injury to patrons or staff.

   

  10.              All fire exits, gangways, escapes, extinguishers, fire points etc shall remain free of obstruction and will be tested and assessed on a regular basis.  All exits are fitted with fixed automatic catches.  Weekly fire alarm test and fire certification as required by Fire Authority shall be carried out.

   

  11.              A Fire Risk Assessment shall be carried out monthly and Risk Assessments shall be carried out regularly.

   

  12.              Regular testing and certification of appliances and systems shall be carried out, including PAT and Electrical Testing.

   

  13.              All parts of the premises must be adequately illuminated from two independent sources and in the event of general lighting failure emergency lighting shall be immediately fully illuminated and the public shall be required to leave the premises forthwith.

   

  14.              In the event of evacuation caused by failure of general lighting, the public shall not be readmitted until the general lighting is fully restored.

   

  15.              Suitable and sufficient sanitary accommodation must be provided, clearly marked and in good order at all times.

   

  16.              The implementation of correct disposal of waste must be carried out on the premises at all times.

   

  17.              There must be provision of sufficient number of people on site to secure the safety of the premises at all times.

   

  18.              There must be the use of effective (and monitored during opening hours) CCTV in and around the premises which adds to the protection and safety of the general public.

   

  19.              There must be use of toughened glasses and plastic bottles which reduces the risk of harm to the public.

   

  20.              Air management system within the premises shall be used during entertainment.

   

  21.              No explosive or highly inflammable material shall be brought into the premises. 

   

  22.              No pyrotechnics shall be used on the premises.

   

  23.              Smoke machines shall be in a fixed position, protected against interference and manned by a competent operator at all times when in use.  Non-toxic, non-flammable smoke shall be used and will be limited to areas where the public are admitted and not obscure exit signs.

   

  24.              Lasers must not be used on the premises without prior consultation with the Licensing Authority and compliance with HS(G) 95.

   

  25.              The ratio of stewards to customers on the premises shall be no less than 1:100.

   

  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 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.              Two noise limitation devices shall be installed to control both areas which have amplification equipment fitted.  These devices shall be regularly maintained.

   

  4.              There shall be no use of explosives, pyrotechnics and fireworks of a similar nature which could cause disturbance in surrounding areas.

   

  5.              The placing of refuse such as bottles into skips outside the premises shall take place at times that will prevent disturbance to nearby properties and the movement of bins and rubbish outside the premises shall be kept to a minimum after 11pm.

   

  6.              All entrance doors must be kept closed after midnight to prevent noise escaping.

   

  7.              Quieter/Mellower music shall be played towards the end of the evening to encourage calmness and an announcement shall be made prior to closing requesting patrons to leave the premises as quietly and quickly as possible.

   

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

   

  9.              Door staff must be positioned at exits at closing times to ensure noise from patrons leaving is minimized.

   

  10.              Taxi operators shall be nominated for staff and customer use.  The companies’ telephone numbers shall be advertised to customers.

   

  11.              The licensee shall ensure that staff leaving the premises after a late night shift will conduct themselves in a manner as not to disturb nearby residents.

   

  12.              Deliveries of kegs, bottles, food and other materials shall be carried out between the hours of 09.30am - 05.30pm weekdays.

   

  13.              Noise from the premises shall not be audible 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.

   

  14.              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.

   

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

   

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

   

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

   

  The Protection of Children from Harm

   

  1.              Proof of identity (passport etc) shall be requested from anyone who appears to be under the age of 18.

   

  2.              No persons under the age of 18 shall be employed in connection with the sale of and supply of alcohol.

   

  3.              Proof of identity (passport etc) shall be requested from anyone who appears to be under the age of 18.

   

  4.              All bar staff shall be suitably trained to prevent the sale of alcohol to under 18's.

   

   

   

   

   

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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