Palace Theatre

Palace Avenue, Paignton, Devon, TQ3 3HF

Open application 070383 which is a Transfer Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• the sale by retail of alcohol
• a boxing or wrestling entertainment
• 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 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:  EXHIBITION OF FILMS

   

  1)       Where the film classification body is specified in the licence, admission of children must be restricted in accordance with any recommendation made by that body.

   

  2)       Where -

   

  ()        the film classification body is not specified in the licence, or
   

  ()        the relevant licensing authority has notified the holder of the licence that this condition applies to the film in question,
   

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  In the case of the aforementioned conditions

                “children” means persons aged under 18; and

                “film classification body” means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (authority to determine suitability of video works for classification).

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

  1.              The event organiser or designated deputy must be on site at all times during the event.

   

  2.              All events shall be planned taking into consideration the guidelines laid down in the HSE's Event Safety Guide.

   

  Prevention of Crime and Disorder

   

  1.              All drinks shall be served in toughened or strengthened glasses and no drinks shall be served in bottles from which it is likely or intended that a person shall drink when there is an event with alcohol.

   

  2.              The emergency lighting shall at all times when the public are upon the premises be maintained in working order and so kept in use (except in such parts as are for the time being adequately lit by daylight) that it is adequate to enable the public to see their way out of the premises and clear of the building.

   

  3.              No disorderly behaviour shall be tolerated.

   

  4.              The hirer shall be responsible for the security of cash/monies taken at the event.

   

  5.              All stewards and staff shall be provided by Torbay Council and shall have undertaken full training.

   

  Public Safety

   

  1.              Theatre staff shall be briefed on Fire Exits and evacuation procedure.

   

  2.              A responsible member of staff shall be designated to take charge of a situation, call an ambulance and administer first aid in the event of any patron or member of staff becoming badly injured or taken seriously ill whilst on the premises.

   

  3.              The exits in the premises shall be clearly indicated and maintained to afford the public ready and ample means of safe escape.

   

  4.              All exit doors shall be kept unlocked and available for exit during the whole time that the public are on the Premises, provided that any person leaving during a performance or exhibition may be directed to certain exits at the discretion of the management.

   

  5.              Exit routes shall be maintained free from obstruction at all times, and in particular, no provision for hanging clothing or storing any article shall be made in corridors, passageways, gangways or exit ways.

   

  6.              Curtains shall not be hung across gangways, exit ways or over staircases.  Where hung over doorways or across corridors, they shall draw easily from the centre and slide freely and shall be clear of the floor.

   

  7.              The Licensee shall take all possible steps to eliminate the danger of fire occurring and shall ensure that all members of staff, stewards and attendants are fully instructed in their duties in the event of fire.

   

  8.              Fire fighting equipment and a suitable approved alarm system shall be installed within the premises and in such a way as shall be required by the Council and the Fire Officer.  All such equipment shall be maintained in good and efficient working order and kept ready for use and regularly tested.  Portable fire extinguishers should be discharged at regular intervals in accordance with Clause 10:2 or British Standard Code of Practice 5306 : Part 3 : 1980.  Any backstage automatic sprinkler installations must be designed, installed and maintained in accordance with the latest requirements of the Fire Officer’s Committee by a company entered on that Committee's Approved List of Installers Parts I, II and III.  All tests are to be recorded in a log book to be produced as required by the Council.

   

  9.              Signage must be available for spillages and wet floors.

   

  10.              Fittings and decorations including helium balloons  must not be used in any venue.

                No exterior decorations, flags, emblems or notices, shall be allowed except with special permission.

                No person shall:-

                              i)              bring, place or erect any furniture, fitting, erections, or structures, or

                              ii)              place or fix any additional or decorative lighting or any decorations, shrubs, plants or similar things, or

                              iii)              place, fix or exhibit any advertisement,

                              in or upon any part of Council property without previous consent.

   

                Any fittings or fixtures that may be permitted must be fixed under the direction of and to the satisfaction of the Hallkeeper.  No nails, screws, pins, drawing pins or other means of fastening shall be attached, driven or screwed into the walls, floors, doors or other surfaces of the Hall.  Any decoration of the Hall with flags, electric lights and such like, in connection with dances or such like, must be carried out during times agreed with the Management.

   

  11.              Powder.  While no objection is raised to the use of paper streamers, the use of powder, confetti, rose leaves, rice and similar, must be prohibited.  The use of powder, or any colouring substance, whether abrasive or otherwise, on the floors must be prohibited.

   

  12.              Public Safety.  It must be the responsibility of the Hirer to hire and place barriers to include the stage and bar area and to keep proper control of queues.

   

  13.              Statutory Regulations.  Where the Hall is engaged for a concert or other entertainment in connection with which the floor of the Hall is used for seating an audience, the seats shall be set out by the Hallkeeper and shall not be altered either as to arrangement or number.  The seats as arranged shall be designed to comply with the requirements of the Fire Authority.

   

  14.              All scenery, decorations and property used in any performance must be completly flame proofed and must comply fully with the Fire Prevention Regulations applicable to the Hall concerned.

   

  15.              A cinematograph or other similar instrument and all apparatus in connection therewith, must at all times when in use in the Hall be enclosed in housing approved by the Council.  If the Hall hired is one not licensed for the purpose of cinematograph shows, only non-inflammable films may be used.

   

  16.              Hazardous Materials.  No person shall introduce any highly combustible materials or substances into any Council premises.

   

  The Prevention of Public Nuisance

   

  1.              Construction and derig of events must not be carried out at an unsociable hour.

   

  2.              Post event litter arrangements must be in place.

   

  3.              Silent generators must be used.

   

  4.              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 11.00pm.  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 distinguished above other noise.

                ii)              After 11pm - Noise emanating from the premises shall not be distinguishable above background levels of noise.

   

  5.              There must be signage asking patrons to leave the premises in a quiet manner.

   

  The Protection of Children From Harm

   

  1.              Evidence of suitable staff training and age identification scheme must be in place and adhered to, by the Bar company.

   

  2.              Signs must be provided, informing customers that under 18's shall not be served and that proof of identification and age may be required, to be provided by the Bar company.

   

  3.              Suitability and number of supervisors including care of children shall be the responsibility of the organiser as they move from stage to dressing room etc and to ensure that all children can be accounted for in case of an emergency or evacuation.

   

  4.              The venue must be suitable to safety accommodate the intended number of children.

   

  5.              Fire safety.  Must ensure that all chaperones and crew receive instruction on the fire procedures applicable to the venue prior to the arrival of any children.

   

  6.              There must be staff training and age identification procedures.

   

  7.              There must be signage to explain that children shall not be admitted to film showings which are not suitable for their age groups, and that adults should not purchase tickets on behalf of children.  To be adhered to by the hirer.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  The Prevention of Crime and Disorder

   

  1.              The sale and supply of alcohol at the premises after 12 midnight shall be restricted to persons attending productions at the theatre or pre-arranged functions to which the public are not admitted.

   

  2.              Patrons shall not be permitted to take glass bottles into the auditorium and all drinks consumed in the auditorium shall be in toughened glasses or plastic bottles.

   

  3.              Whenever alcohol is served, supplied or consumed in any area of the premises other than the auditorium and ground floor bar, there shall be a member of staff on duty in that area.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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• - Page 2 of 3
• - Page 3 of 3