The Prevention of Public Nuisance
1. Noise or vibration will not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed. In general terms, noise from the premises shall not be audible within any noise sensitive premises (e.g. dwelling) with windows open for normal ventilation especially after 23:00hr. This shall be assessed from the boundary to the nearset residential properties, on all sides of the licensed premises. The criteria that will be applied are;
(i) Before 23:00hr- Noise emanating from the premises shall not be clearly distinguishable above other noise.
(ii) After 23:00hr- 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. To allow live and amplified music inside doors and windows shall be kept shut during entertainment to reduce noise break out. A management scheme shall be in place to ensure this situation remains.
Conditions imposed after Review Hearing
1. A CCTV system of an evidential standard to be installed to the satisfaction of the police, to cover the licensed area and front and rear entrance/exits. The system to be in operation at all times the premises are open to the public and include full recording facilities. All recordings from that system to be kept for a period of 14 days and the police to have access to recordings at any reasonable time.
2. The Designated Premises Supervisor (DPS) must complete the BIIAB National Certificate for Designated Premises Supervisors. In respect of the current DPS, Mr Robert Deeley, and any future DPS, this must be done within 3 months and the appropriate certificate or copy of such certificate, must be produced to the local Police Licensing Department forthwith.
3. A Personal Licence holder shall be on duty on the premises from 7.00pm until closing when the premises operate licensable activities.
4. Any person employed at the premises in connection with the sale and supply of alcohol, shall attend and successfully complete the BIIAB Level 1 Award in Responsible Alcohol Retailing within 2 months of commencing employment at the premises. In respect of existing bar staff, this shall be done within 2 months.
5. A record of all staff training, including copies of all relevant BIIAB certificates, shall be kept on the premises and be available to the police or local authority licensing officers, for inspection on demand. Such records to be kept at the premises for a minimum of 12 months.
6. Clear notices regarding the sale of alcohol to persons who appear drunk shall be prominently displayed at all points of sale and supply of alcohol on the premises, for the attention of management and bar staff.
7. Notices regarding the sale of alcohol to persons who appear drunk shall be prominently displayed on the premises and at all entrances to the premises for the attention of all customers.
8. The DPS shall ensure that a written record of all bar staff employed each day that the premises are open for the sale and supply of alcohol, is maintained on a daily basis and kept on the premises. Such record must be retained for a minimum period of 12 months and be available to the police or local authority licensing officers on demand.
9. The DPS shall ensure that an incident book is kept on the premises and that all incidents are recorded therein on a daily basis. The incident book shall be made available for inspection by a police officer, a police licensing officer or a member of the local authority licensing department on demand and such records to be kept on the premises for a minimum of 12 months.
10. Appropriate signage shall be clearly displayed on the premises at each entrance/exit point, in the toilets and in the bar area in relation to the prevention of drug use, indicating a zero tolerance by management and staff.
11. The DPS or the person in charge of the premises shall take all reasonable steps to prevent disturbance, annoyance or nuisance to local residents by people entering or leaving the premises.
12. Suitable signage in respect of condition 11 above shall be displayed in a prominent position at each exit point.
13. The DPS and staff shall ensure that customers do not leave the premises with drinks served in open vessels.
14. Suitable signage in respect of condition 13 above shall be displayed in a prominent position at each exit point.
15. The Designated Premises Supervisor and staff shall take all reasonable steps to prevent customers from smoking outside the front of the premises and ensure that smokers use the rear beer garden for smoking at all times.
16. Suitable signage in respect of condition 15 above, shall be displayed in a prominent position at the front exit door and in the bar area.
17. The DPS shall deposit an up to date and properly scaled and coloured licensing plan of the premises, to the Torbay Police Licensing Department at Paignton Police Station and to the Torbay Council Licensing Department at Roebuck House Torquay, within one month of the Review Hearing on 20th May 2010.
18. Whenever the premises are closed, an interior light must be left on and all curtains/blinds at the front of the premises shall be left open to ensure a clear view from outside.
19. Prior to live music being performed, a noise limiter shall be fitted to adequately control the volume of all live music being played at the premises. The designated premises supervisor shall ensure that all music making equipment is connected through the noise limiting device and that the device is working prior to the playing of amplified music. The noise limiters level shall be set at a level agreed with the local authority.
20. During any performance, the management shall make regular checks to ensure that music is not audible outside the premises.
21. Windows and doors from the premises will be kept shut at all times that music is being played.