Torbay CouncilLicensing & Public Protection

Unit 2

4-24 Torwood Street, Torquay, TQ1 1EB

Open application 074206 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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 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) Subject to sub-paragraph (4) 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.

   

  4)              The age verification policy may make provision permitting a responsible person to accept identification in digital form (“relevant ID”) instead of identification of a type described in sub-paragraph (3).

   

  5)              Where provision envisaged by sub-paragraph (4) is included in the policy, the policy must make provision dealing with the circumstance described in paragraph (6).

   

  6)              The circumstance in this sub-paragraph arises where-

   

  (a)              the responsible person has reason to believe that a person (“P”) who seeks to be supplied with alcohol from a place to which the age verification policy applies has not attained the age of 18, or such greater age as the age verification policy may prescribe (“the relevant age”); and

   

  (b)              P has indicated their wish to use the relevant ID.

   

  7)              When the circumstance in paragraph (6) arises, the policy must state-

   

  (a)              that P is obliged, upon the request of the responsible person, to make available to the responsible person the means by which their relevant ID may be verified; but

   

  (b) that the responsible person may only accept P’s relevant ID where the condition in sub-paragraph (8) applies.

   

  8)              The condition in this sub-paragraph is that the responsible person is covered by an agreement with a DVSP (“the relevant DVSP”) for the provision of digital verification services where-

   

  (a)              the relevant DVSP has agreed that it will confirm, in the course of providing its services to the responsible person, whether or not P has attained the relevant age;

   

  (b)              the relevant DVSP has agreed that it will deliver identification to the responsible person that reaches at least a medium level of confidence;

   

  (c)              that level of confidence has been verified by a DVSP, whether that DVSP is the relevant DVSP or another; and

   

  (d)              the relevant DVSP is registered as a provider of those services in accordance with Version 0.4 or Version 1.0 of the DVS trust framework.

   

  9)              In this paragraph-

   

  (a)              “DVSP” means a person who provides digital verification services, and is included in the register maintained by the Secretary of State under section 32 (DVS register) of the Data (Use and Access) Act 2025 (“the 2025 Act”);

   

  (b)              “DVS trust framework” is to be construed in accordance with section 28 (DVS trust framework) of the 2025 Act;

   

  (c)              “medium level of confidence”, in respect of identification described in sub-paragraph (8)(b), is to be construed in accordance with-

   

  (i) Version 0.4 of the DVS trust framework, in the case that the relevant DVSP, or as the case may be, another DVSP provides the service described in sub-paragraph (8)(c), and is registered as a provider of that service, in the DVS register, in accordance with Version 0.4 of the DVS trust framework;

  (ii) Version 1.0 of the DVS trust framework, in the case that the relevant DVSP, or as the case may be, another DVSP provides the service described in sub-paragraph (8)(c), and is registered as a provider of that service, in the DVS register, in accordance with Version 1.0 of the DVS trust framework.

   

  10)              For the purposes of sub-paragraph (6) “supplied” is to be construed in accordance with section 14 of the Licensing Act 2003.

   

  11)              Nothing in sub-paragraphs (4) to (10) prevents the supply of alcohol to a person based upon identification of a type described in sub-paragraph (3).

   

  12)              (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).

   

  13)              The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  14)              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

   

  1.              All staff will receive training with regard to their responsibilities under the Licensing Act.

   

  The prevention of crime and disorder

   

  1.              A CCTV system, capable of providing images of an evidential standard in all lighting conditions, particularly with regard to facial recognition shall operate throughout the times the premises are open to the public, with monitors behind all bars and a recording system. All recordings shall be kept for a minimum of 14 days and copies of recordings shall be supplied to the police within 7 days of any request.

   

  2.              Substantial food to be available at all times the premises are open.

   

  The prevention of public nuisance

   

  1.              Noise or vibration must not emanate from the premises such as to cause persons in the neighborhood 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 11:00pm. This will be assessed from the boundary to the nearest residential properties, on all sides of the licensed premises. The criteria that will be applied are:

   

  i)              Before 11:00pm - noise emanating from the premises will not be clearly distinguished above other noise.

  ii)              After 11:00pm - noise emanating from the premises will not be distinguishable above background levels of noise.

  iii)              The local authority will reserve the right in cases of tonal noise and where premises are attached to other (i.e. semi's and terraced properties), to make further assessments from within the residential property.

   

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

   

  3.              The volume of amplified sound used in connection with the entertainment provided must 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.

   

  4.              Deliveries of kegs, bottles, food and other materials necessary for the operation of the business must be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.

   

  5.              Doors and windows must be kept shut during entertainment, to reduce noise breakout. A management scheme shall be in place to ensure this situation remains.

   

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

   

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

   

  8.              Cooking, noxious or persistent smells from the premises shall not cause a nuisance to nearby properties and the premises must be properly vented.

   

  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 with the Torbay Council's Licensing Statement of Principles.

   

  2.              No persons under the age of 18 shall be on the premises after 21:00 hours except when consuming a meal with an appropriate adult or attending a function, in which case they shall leave the premises by no later than 22:00 hours.

   

Premises Plans

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