The Bay

1 Abbey Crescent, Torquay, Devon, TQ2 5HB

Completed application 023437 which is a Internal Amendment/Variation for Premises Licence from 12/10/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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
• entertainment facilities for making music
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

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  ANNEXE 1

   

   

   

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  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.

   

   

   

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  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

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  The Prevention of Crime and Disorder

   

  1.              As far as is practical, persons on or leaving the premises and using adjacent car parks and highways shall be reminded to conduct themselves in an orderly manner and not in any way to cause annoyance to residents or persons passing by.

   

  2.              CCTV capable of covering both inside and outside the premises in positions agreed with both the Council and the Police shall be provided to enhance the safety of patrons and staff.  All cameras must be maintained in good working order and must continually record and the tapes must be secured retained for a minimum of 14 days.  CCTV tapes shall be made available to the Police, where the Police demand them to be of evidential value.

   

  3.              A written drugs policy must be in force at the premises with the objective of securing, as far as reasonably practicable, the safety of patrons and others attending the premises.

   

  4.              The provision of plastic glass and bottles shall be provided depending on the type of entertainment provided and the number and behaviour of patrons.

   

  5.              To prevent the sale of alcohol to persons under the age of 18 years, suitable written proof of age from young people attempting to purchase alcohol, in accordance with documents specified by Torbay Council's "Statement of Licensing Policy" shall be required.

   

  6.              Bar staff shall be suitably trained to prevent the sale of alcohol to under 18's.

   

  7.              Regular glass and bottle collection shall be undertaken throughout the premises.

   

  8.              Patrons shall not be permitted to leave the premises with any glass or bottles which belong to the premises.

   

  Public Safety

   

  1.              Adequate access must be provided for emergency vehicles.

   

  2.              All parts of the premises and all fittings and apparatus therein, door fastenings and notices and the seating, lighting, heating, electrical, ventilation , sanitary accommodation, washing facilities and other installations, shall be maintained at all times in good order and in a safe condition.

   

  3.              Where the licence permits the provision of dancing, a suitable and clearly identifiable single area shall be made available for this purpose.

   

  4.              The seating shall at all times ensure free unobstructed access to all exits doors.

   

  5.              When disabled people are present on the premises, adequate arrangements shall be in place to enable their safe evacuation in the event of an emergency and disabled persons on the premises must have been made aware of those arrangements.

   

  The Prevention of Public Nuisance

   

  1.              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 part of the premises not accessible to the public.

   

  2.              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.

   

  3.              The licensee shall ensure that staff shall arrive early morning or depart late at night when the business has ceased trading conduct themselves in such a manner to avoid causing disturbance to nearby residents.

   

  4.              Specific taxi operators must be nominated for staff and customers use.  Such operators' telephone numbers shall be advertised to customers.  The operators and all drivers are aware that they should arrive and depart as quickly as possible should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily.  In addition staff shall leave as quietly as possible, particularly at night and early in the morning.

   

  5.              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.

   

  6.              The movement of bins and rubbish outside the premises shall be kept to a minimum after 11pm.  This shall help to reduce the levels of noise produced by the premises.

   

  7.              Facilities for depositing litter and the collection of litter generated by patrons shall be available and maintained.

   

  8.              Customers taking drinks only and not sat at tables shall be restricted to the area shown cross hatched black on the application plan.

   

   

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  Conditions transferred from the Restaurant Licence

   

  1         Suitable beverages other than intoxicating liquor shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises.

   

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  Restrictions transferred from the Restaurant Licence

   

  The restrictions related to the permitted hours do not prohibit during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there when the alcohol was supplied for consumption as ancillary to the meals.

   

   

   

   

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  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

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  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 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 (i.e. semi's and terraced properties), to make further assessments from within the residential property.

   

  2.              External regulated entertainment shall cease and all outside speakers shall be switched off by 19.00 hrs.

   

  3.              Doors and windows overlooking noise sensitive premises (e.g. dwellings) shall be shut at 22.00 hrs during entertainment, to reduce noise breakout.  A management scheme shall be in place to ensure this situation remains.

   

  4.              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.

   

  5.              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.

   

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

   

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  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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