The Foundry

13 Torwood Street, Torquay, Devon, TQ1 1ED

Completed application 048216 which is a Change of Premises Name for Premises Licence from 10/03/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment
• a performance of live music
• any playing of recorded music
• a performance of dance
• 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
• 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.

   

  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).

   

  MANDATORY CONDITION: DOOR SUPERVISION

   

  1)       Where one or more individuals are carrying out security activities, each individual must be licensed by the Security Industry Authority.

   

  2)       But nothing in the aforementioned conditions requires such a condition to be imposed in respect of a) and b) and (b)(i) and (b)(ii)

   

  ()        in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), are exempt.
   

  ()        In respect of premises in relation to-

  ()        any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

  ()        any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

   

  3)              For the purposes of the aforementioned conditions:-

   

  ()        “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and
   

  ()        paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

  1.              The Venue's current policies in place to meet all licensing objectives must be reviewed when appropriate.

   

  2.              On any Wednesday, Friday, Saturday and Sunday nights SIA door stewards shall be employed from 22.00hrs until closing time at a ratio of 2 stewards for the first 100 patrons, and thereafter 1 additional steward for each 100 patrons.  This condition shall also apply on Christmas Eve and New Years Eve when they do not fall on a Wednesday, Friday, Saturday or Sunday.  On all other occasions the Premises Licence Holder shall risk assess the need for door stewards and employ these in such numbers and at such times determined by that risk assessment.

   

  3.              The Premises shall join and participate in the Nitenet Radio Communications Scheme that operates in Torquay.

   

  4.              All drinks must be served in toughened, strengthened, polycarbonated or plastic glasses, and no alcohol shall be sold or supplied in glass bottles from which it is intended or likely that a person shall drink.

   

  5.              All doors and windows shall be shut during all licensable entertainment.  (This would not include background music, which is not a licensable activity. Background music by its nature would not be loud enough to be audible in the street.)

   

  6.              There shall be no exterior sited speakers or speakers in doorways or lobbies.

   

  7.              Noise from licensable entertainment shall not be distinguishable from the ambient noise on the street 10 metres or more from the premises.  This shall be assessed from the street.  However, should complaint from a resident in the area be made steps shall be taken to ensure that noise breakout is reduced to a level agreed with the Local Authority and the complainants.

   

  8.              A written management plan to be in place to ensure that the doors and windows are kept closed during any licensable entertainment.

   

  9.              The management of the premises shall undertake monitoring of noise breakout from the premises and a written record needs to be kept of this monitoring.  This shall be undertaken at least once per day.

   

  10.              The volume of any regulated entertainment shall be under the control of the management at all times.  Should monitoring indicate that the volume should be reduced, management shall take steps to ensure that levels are reduced to those agreed in condition.

   

  11.              The number of persons admitted to the premises on any one occasion shall not exceed a safe occupancy.  This is in agreement with the responsible authorities notably Devon Fire & Rescue and Torbay Council's Health & Safety team.

   

  12.              The safe occupancy figure must be checked.  Steps must be taken so that once the safe occupancy figure has been reached, no further persons are admitted.

   

  The Prevention of Crime and Disorder

   

  1.              Policies on the promotion of non-alcoholic drinks including water must be adhered to.

   

  2.              On leaving, patrons must be informed that they are entering a "no drinking zone".

   

  3.              Extensive CCTV must be provided and kept in full working order and fully compliant with Data Protection.

   

  4.              There must be supervision of queues.

   

  5.              The supply of alcohol must cease 30 minutes before the premises is shut, whereupon "mood" music will be played to patrons.

   

  6.              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.

   

  7.              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.

   

  8.              A CCTV system of an evidential standard, covering both inside and outside the premises, shall be installed to the satisfaction of the police.  The system shall be in operation at all times the premises are open to the public.  All recordings from the system shall be kept for a period of 14 days and the police shall have access and be provided with recordings where requested.

   

  9.              The DPS must hold or complete the BIIAB National Certificate for Designated Premises Supervisors within three months of commencing employment at the premises.  The appropriate certificate, or copy of such certificate, must be forwarded to the Police Licensing department forthwith.

   

  10.              There shall be regular use of breathbox(es) and an ID scanner and a management plan shall be in place detailing how these devices will be used.  The premises shall be responsible for the funding of the breathbox(es).

   

  Public Safety

   

  1.              Door staff must be rotated around the club.

   

  2.              All doors staff must be equipped with radios.

   

  3.              There must be regular glass and bottles collection.

   

  4.              The premises licence holder and/or the DPS must take precautions to maintain occupancy levels.

   

  5.              The premises licence holder and/or the DPS must ensure that at all times there are adequate first aid arrangements.  Suitable protective equipment must be provided to deal with hypodermic needles, blood spillages and other body fluids.

   

  6.              For boxing and wrestling, an appropriately qualified medical practitioner shall be present when entertainment involving boxing, wrestling, judo, karate and other sports of a similar nature is taking place.

   

  7.              Any event involving wrestling or similar sport - the public shall not occupy any seat within 2.5 metres of the ring.

   

  8.              When a ring is constructed, it shall be of an appropriate nationally recognised standard and any material shall be of a fire resistant nature.

   

  The Prevention of Public Nuisance

   

  1.              Noise or vibration must not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.

   

  2.              The premises must be fully soundproofed.

   

  3.              Signage asking for orderly egress and patrons cannot take out bottles and drinks must be displayed.

   

  4.              An appropriate break in accordance with licensing conditions must be used between the supply of alcohol and the premises closing.

   

  5.              Noise from the premises shall not be audible within any dwelling with windows open for normal ventilation especially after 11pm.  This shall be assessed form 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, to make further assessments from within the residential property.

   

  6.              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.

   

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

   

  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.              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.

   

  10.              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.

   

  11.              All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting lid.  This shall help prevent litter being blown around.

   

  12.              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.

   

  13.              The Premises Licence holder or nominated person shall ensure that the noise limiting device is sealed after commissioning so that sound operators cannot override the system during the performance of live and recorded music.

   

                a) While live or recorded music takes place regular monitoring of noise levels at the nearest noise-sensitive locations shall take place.  A record shall be kept of any monitoring.

   

  14.              The volume of any regulated entertainment will be under the control of the managment at all times.  Should monitoring indicate that the volume should be reduced, management shall take steps to ensure levels are reduced immediately.

   

  15.              No changes that increase the level of volume to the Public Address system shall be made without prior consultation with the local Environmental Health department; this includes moving of speakers, addition or removal of any equipment and the use of guest acts / DJ's own equipment.

   

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

   

  17.              Lobbies shall be constructed and operated in such a way to ensure that if regulated entertainment is being played inside the premises, only one door shall be opened at any one time to prevent noise breakout.  These doors shall be fitted with automatic closers.

   

  18.              All external emergency exit doors shall be fitted with sensor alarms and visible indicators to alert staff when doors have been opened.

   

  19.              Where any proposed structural changes are made to the premises, agreement must be reached with the Environmental Health department that these works will not increase noise breakout before the works are commenced.

   

  20.              SIA door stewards positioned at the exits shall take all reasonable stepst to ensure that patrons leave the premises in a quiet respectful manner and do not congregate outside the premises.

   

  The Protection of Children From Harm

   

  1.              Under 18s shall only be permitted in the premises during events specified within this licence.  They will not be permitted in the premises at any other time.

   

  2.              Suitable signage shall be displayed at all points of sale of alcohol to remind staff that alcohol must not be sold to persons aged under 18 years old.

   

  3.              Door staff must ask for proof of ID.

   

  4.              Under 18 events may take place to which the following conditions shall apply:

   

                a) These events shall finish no later than 23:00 hours after which there will be a 30 minute period before the nightclub opens to over 18s.

   

                b) The police shall be notified in writing or email at least fourteen days prior to the event.

   

                c) During International Student events a minimum of two SIA door stewards must be employed throughout the event.  In addition, the PLH/DPS shall carry out a risk assessment based on the type of event being held and taking into account the ratio of students' leaders to students attending, and employ further door stewards, if at all, at such times and in such numbers as determined by that risk assessment.

   

                d) All alcohol shall be locked away and/or obscured from view.

   

                e) All gaming machines with prizes shall be unplugged and locked.

   

                f) All promotional material relating to alcohol shall be removed.

   

                g) Any person refusing to be searched shall be refused entry.

   

                h) The event shall be promoted to ages 14 years and above.

   

                i) International Student events shall be restricted to International Students only.

               

                j) Throughout under 18 events, the DPS or personal licence holder must be present.

   

  5.              Under 18 and over 18 mixed martial arts/boxing or similar events may take place to which the following conditions shall apply:

   

                a) These events shall finish no later than 23:00 hours.  After the event has finished, those who are over 18 years old may re-queue outside the premises for entry to the second floor via separate entrance.

   

                b) The police shall be notified in writing or email at least fourteen days prior to the event.

   

                c) At least six SIA door stewards must be employed throughout the event.

   

                d) Persons over the age of 18 will be identified by a door steward or the DPS or the personal licence holder who will apply a wristband to that individual.  No alcohol will be served to anyone without a wristband and anyone between the age of 14-17 years must be accompanied by a responsible adult.

   

                e) Throughout the event the door stewards will request and check ID of those people consuming alcohol to ensure that no-one under the age of 18 is consuming alcohol.  Bar staff will still check ID while serving drinks including those people who are wearing wristbands.  Staff will not serve alcohol to anyone they believe may be purchasing alcohol on the behalf of someone else, and in these circumstances staff will immediately inform a member of managment or a member of door staff.

   

                f) The main staircase shall have a rope barrier running down the centre keeping a free moving area for patrons.  If this becomes unsafe, the barrier will be removed and a member of security will be put in place to keep the area free from spectators.

   

                g) All seating and tables shall be removed from the balcony area to prevent any spectators from standing on these and security will continue to monitor this area throughout the event.

   

                h) Any person refusing to be searched shall be refused entry.

   

                i) The event shall be promoted to ages of 14 years and above.

   

                j) The DPS or personal licence holder must be present throughout the event.

   

  6.              Under 18 and over 18 South Devon College showcase events may take place to which the following conditions shall apply:

   

                a) Events shall finish no later than 23:00 hours after which there will be a 30 minute period before the nightclub opens to over 18s.

   

                b) The police shall be notified in writing or email at least fourteen days prior to the event.

   

                c) At least one SIA door steward must be employed throughout the event.

   

                d) Persons over the age of 18 will be identified by a door steward or the DPS or the personal licence holder who will apply a wristband to that individual.  No alcohol will be served to anyone without a wristband and anyone between the age of 14-17 years must be accompanied by a responsible adult.

   

                e) Throughout the event the door stewards will request and check ID of those people consuming alcohol to ensure that no-one under the age of 18 is consuming alcohol.  Bar staff will still check ID while serving drinks including those people who are wearing wristbands.  Staff will not serve alcohol to anyone they believe may be purchasing alcohol on the behalf of someone else, and in these circumstances staff will immediately inform a member of managment or a member of door staff.

   

                f) Any person refusing to be searched shall be refused entry.

   

                g) The event shall be promoted to ages of 16 years and above.

   

                h) The DPS or personal licence holder must be present throughout the event.

   

  7.              Under 18 and over 18 mixed concerts, comedy or similar events may take place to which the following conditions shall apply:

   

                a) These events shall finish no later than 23:00 hours.  After the event has finished, those who are over 18 years old may re-queue outside the premises for entry to the second floor via separate entrance.

   

                b) The police shall be notified in writing or email at least fourteen days prior to the event.

   

                c) At least four SIA door stewards must be employed throughout the event.

   

                d) Persons over the age of 18 will be identified by a door steward or the DPS or the personal licence holder who will apply a wristband to that individual.  No alcohol will be served to anyone without a wristband and anyone between the age of 14-17 years must be accompanied by a responsible adult.

   

                e) Throughout the event the door stewards will request and check ID of those people consuming alcohol to ensure that no-one under the age of 18 is consuming alcohol.  Bar staff will still check ID while serving drinks including those people who are wearing wristbands.  Staff will not serve alcohol to anyone they believe may be purchasing alcohol on the behalf of someone else, and in these circumstances staff will immediately inform a member of managment or a member of door staff.

   

                f) The main staircase shall have a rope barrier running down the centre keeping a free moving area for patrons.  If this becomes unsafe, the barrier will be removed and a member of security will be put in place to keep the area free from spectators.

   

                g) Any person refusing to be searched shall be refused entry.

   

                h) The event shall be promoted to ages of 16 years and above.

   

                i) The DPS or personal licence holder must be present throughout the event.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Public Safety

   

  1.              The use of the Martin Atomic 3000 DMX shall only be permitted in instances where the flicker rate of the output unit is three and a half flicks per second or less.

   

  The Prevention of Crime and Disorder

   

  1.              The premises must not operate 'All inclusive' drink promotions of any kind.

   

  2.              All drink promotions shall be managed in a responsible manner.

   

  3.              A Personal Licence Holder shall be on duty at all times whenever the premises sell or supply alcohol.

   

  4.              Any person employed at the premises in 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.

   

  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.              Notices regarding the sale of alcohol to persons who appear drunk, shall be prominently displayed at all points of sale and supply of alcohol, for the attention of persons so employed.

   

  7.              Notices regarding the sale of alcohol to persons who appear drunk, shall be prominently displayed on the premises and at the entrance to the premises, for the attention of all customers.

   

  8.              Whenever the premises offer drink promotions, there shall be an SIA qualified door steward, strategically positioned in the area of each bar that is offering such promotions.

   

  9.              The DPS shall ensure that a written record of all bar staff employed each day the premises are open for the sale and supply of alcohol, is maintained and kept on the premises.  Such record must be retained for a minimum of 12 months, and be available to the police or Local Authority Licensing Officers on demand.

   

  10.              The DPS must hold or complete the BIIAB National Certificate for Designated Premises Supervisors within 3 months of employed at the premises.  In respect of the current DPS, Mr Dean Sanders, this must be done within 3 months.  The appropriate certificate, or copy of such certificate, must be produced to the police forthwith.

   

  11.              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 members of the local authority licensing section on demand and such records to be kept at the premises for a minimum of 12 months.

   

  The prevention of public nuisance

   

  1.              A noise limiting device shall be fitted so that all live and recorded music is channelled through the device(s).  The maximum noise levels will be set by Torbay Council's Public Protection Team prior to the premises opening and will be reviewed on an agreed basis between the Council's Public Protection Team and Premises License Holder to ensure that any actual or potential noise outbreak is addressed in a timely manner.

   

  2.              From 23:00hours until the premises closes, a SIA door steward shall monitor the smoking area and ensure that patrons behaving in a noisy manner are either asked to leave or return inside the premises.

   

  3.              Non sound reflective surfaces shall be used on the walls and floor within the smoking area where practically possible.

   

  4.              All patrons consuming drinks in the smoking area must cease doing so at 23:00 hours and arrangements must be in place by the Premises Licence Holder for all glasses to be cleared from that area at 23:00 hours.  Those patrons wishing to continue drinking must be advised to do so inside the premises.

   

  5.              Patrons shall not be permitted to take drinks into the smoking area after 23:00hours.

   

  6.              After 23:00 hours, the number of patrons permitted to use the smoking area shall be limited to a maximum of 80 patrons at any one time.

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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• - Page 2 of 2