Envy

Old Town Hall, Torquay, Devon, TQ2 5PL

Completed application 035650 which is a Internal Amendment/Variation for Premises Licence from 16/10/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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:-
   

  (a)              at a time where there is no designated premises supervisor in respect of the premises licence , or
   

  (b)              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 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.

   

  4)              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

   

   

  MANDATORY CONDITION: WHERE LICENCE AUTHORISES SUPPLY OF ALCOHOL

   

  1)              No supply of alcohol may be made under the premises licence:-
   

  (a)  at a time where there is no designated premises supervisor in respect of the premises licence, or
   

  (b)  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.

   

  7)              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.

   

   

   

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

•  

  General

   

  None

   

  The Prevention of Crime and Disorder

   

  1.              No glasses/bottles shall be taken outside.

   

  2.              Random searches for drugs, weapons etc, if refused by customers they must be refused entry.

   

  3.              CCTV system of an evidential standard must be installed to the satisfaction of the police, and the system shall 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 shall have access to recordings at any reasonable time.

   

  4.              All drinks must 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.

   

  5.              Premises shall join and maintain membership of the Nitenet Radio Communications Scheme.

   

  Public Safety

   

  1.              There must be self assessments.

   

  2.              There shall be telephone numbers of local taxi firms to ensure safe and quiet departures.

   

  3.              There must not be service of anyone intoxicated or under the influence.

   

  4.              There must be an accident book, public liability, fire equipment certificate etc.

   

  5.              The premises shall join and maintain membership of the Torquay Night-time Economy Forum where a premises management representative shall attend at least 2 meetings per calendar year.

   

  6.              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.

   

  7.              There shall be no all-inclusive drink promotion offers and the sale, supply and promotion of discounted alcoholic drinks shall be monitored and managed in a responsible way.

   

  8.              The premises shall adopt and enforce an under 21 identification policy, and shall display appropriate signage at the entrances of the premises to this effect.

   

  9.              Free drinking water shall be available to customers at all times.

   

  The Prevention of Public Nuisance

   

  1.              Porch shall have been built to prevent music being heard outside premises.

   

  2.              There shall be polite notices to customers.

   

  3.              There shall be smoking on Union Street to prevent noise from customers.

   

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

   

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

   

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

   

  7.              The handling of beer kegs, bottles and other similar items shall 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.

   

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

   

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

   

  10.              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.

   

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

   

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

   

  13.              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 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 about other noise.

                (ii)              After 11pm - Noise emanating from the premises shall not be distinguishable about 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.

   

  14.              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.

   

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

   

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

   

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

   

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

   

  19.              Doors and windows shall be kept shut during entertainment to reduce noise breakout.  A management scheme shall be in place to ensure this situation remains.  (This may have negative effects on levels of ventilation and temperature.)

   

  The Protection of Children from Harm

   

  1.              No children shall be allowed on the premises after 18.00 unless they are eating a meal.

   

  2.              All children eating in the cafe bar and restaurant area must be accompanied by an adult and must vacate the premises by 21.00 hrs.

   

  2.              The premises shall adopt and enforce an under 21 identification policy and shall display appropriate signage at the entrances of the premises to this effect.

   

  3.              During the day time trade under 18 years old must be with a responsible adult.

   

   

   

   

   

   

• ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

•  

  The Prevention of Public Nuisance

   

  1.              All doors and windows shall be kept shut during entertainment to reduce noise breakout.  A management scheme shall be in place to ensure this situation remains.

   

  2.              Entrances shall be provided with lobbies with automatic door closers.  The lobbies shall be in use throughout the time of entertainment.

   

   

   

• ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.