Cow Town Bistro

107 Drew Street, Brixham, Devon, TQ5 9LA

Withdrawn application 049388 which is a New Application for Premises Licence

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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

  None

   

  The prevention of crime and disorder

   

  1.              CCTV system will be installed and operative at all times while the premises are trading and the equipment to be maintained to the satisfaction of the chief of police. Recorded images to be retained for 30 days and made available to police officer on request at any reasonable time.

   

  2.              Full cctv must be installed including the covering/exit points including outside at the front/rear of premises.

   

  3.              No drink shall be served in a glass bottle from which it is intended or likely that a customer shall drink.

   

  4.              No open containers of drinks to be taken outside of premises.

   

  5.              All glasses that are finished/ empty should be cleared promptly from public areas.

   

  6.              A customer code of conduct poster must be displayed warning customers that inappropriate behavior will not be tolerated on the premises.

   

  7.              An incident book recording all details of instances of disorder must be kept

   

  Public safety

   

  1.              A strict health and safety policy must be operated by management and staff incorporating coshh and haccp.

   

  2.              All staff must be trained in risk assessment and emergency procedures; a record of staff training must be kept.

   

  3.              Electrical test records and employment liability insurance must be kept and displayed.

   

  4.              Adequate measures must be taken to promote public safety and asses areas of risk in accordance with the operating system.

   

  The prevention of public nuisance

   

  1.              Noise and vibration will not emanate from the premises such as to cause persons in the neighborhood to be unreasonably disturbed.  Noise should not be audible within any noise sensitive premises with windows open for normal ventilation especially after 23:00hr. The criteria applied from the boundary to the nearest residential property are:

   

                (a) before 23.00hr noise emanating from the premises will not be clearly distinguishable above noise.

                (b) after 23.00hr noise emanating from the premises will not be distinguishable above background levels of noise.

                (c) the local authority will reserve the right in cases of tonal noise and where premises are attached to others (i.e semis and terraced properties) to make further assessments from within the residential property.

   

  2.              The volume of amplified sound used in connection mechanism shall be operated from a part of the premises not accessible to be the public.

   

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

   

  4.              Prominent, clear and legible notices must be displayed in designated smoking area reminding patrons to be respectful of nearby neighbours.

   

  5.              Windows will be kept shut during amplified entertainment to reduce noise break out.

   

  6.              Provision of mechanical ventilation and air conditioning system must not allow noise break out from the premises or cause a nuisance by its operation.

   

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

   

  8.              Bottle, skips and bins containing cans or bottles must not be emptied outside between 10.00pm and 8.00am Monday to Sunday

   

  The protection of children from harm

   

  1.              The premises shall operate a challenge 25 policy and any individual who appears to be under the age of 25 will be required to produce an approved form of photographic identification as outlined within the Torbay Councils licensing statement of principles.

   

  2.              No persons under the age of 18 years shall be permitted on the premises after 21.00hrs unless they are consuming a table meal in the company of a reasonable adult or they are attending a pre-arranged private function in the company of a responsible adult and where the premises are closed to the public.

   

Premises Plans

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