Torbay CouncilLicensing & Public Protection

Torbay Distilling Company

Unit 2B15, Armadillo Torquay, Barton Hill Road, Torquay, Devon, TQ2 8JH

Completed application 066217 which is a Internal Amendment/Variation for Premises Licence from 27/02/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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) 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.

   

  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

   

  a) General

   

  1.              Provision of Over 18 Declaration on our website, with clear terms and conditions of sale, as detailed in b).

   

  2.              Customers ordering will be required to supply details to ensure they are over 18 as detailed in b) and d).

   

  3.              Parcels will be labeled to advise that they contain alcohol and must not be left  with anyone under the age of 18 and will only be delivered to a residential or commercial address ad detailed in b) and d).

   

  4.              The delivery agent will also ensure challenge 25 age verification is conducted at the point of delivery.  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 Council’s Licensing Statement of Principles as detailed in b), d) and e).

   

  5.              No members of the public will be allowed to call at the premises to purchase alcohol or any other item as detailed in b), c) and d).

   

  6.              Payment for all alcohol will only be accepted by credit or debit card.

   

  b) The prevention of crime and disorder

   

  1.              All delivery drivers shall be 18 years of age and above.

   

  2.              At the time of ordering all customers shall be asked to supply the following details:

                - Name

                - Delivery Address

                - Confirmation of being over 18

                - The alcohol order

   

  3.              The above supplied details shall be written on the order sheet, a copy of which will accompany the alcohol throughout the delivery, and be left with the customers on delivery.

   

  4.              The above supplied details shall be written on the order sheet, a copy of which shall remain on record on the premises and be kept for a minimum of 12 months. Such records shall be available on demand for inspection by the Police, Torbay Council Licensing Department and Torbay Council Trading Standards Officers at any reasonable time.

   

  5.              Payment shall only be made by way of credit or debit card.

   

  6.              Alcohol shall only be delivered to a Residential or Commercial addresses and not to public outdoor spaces.

   

  7.              No alcohol shall be sold to the public from the premises asides from by remote ordering methods, i.e internet, telephone, mail order etc.

   

  8.              The public shall not be permitted to attend the premises to order, pay for or collect any good, including alcohol.

   

  9.              All media (website & flyers) shall have age restricted warnings on.

   

  10.              All refusals will be detailed in a Refusals Book, which shall be retained at the premises and be available for inspection by the police or members of the local authority licensing team at any reasonable. All records shall be kept for a minimum of 12 months.

   

  11.              The company website shall display the following message in a prominent position. "Customers are reminded that it is a criminal offence for a person under 18 to purchase or attempt to purchase alcohol and it is also an offence to purchase alcohol on behalf of a person under 18".

   

  12.              The terms and conditions of the sale of alcohol, as detailed on the company website, shall state: "The company and its employees have the right to refuse the sale of alcohol whenever they feel a refusal is appropriate, ie where they consider that underage drinking may occur at the premises, where they are not satisfied with the ID produced or where they consider that the customer is drunk".

   

  c) Public safety

   

  1.              No member of the public will be permitted to attend our premises at any time.

   

  2.              No irresponsible drinks offers will be promoted for sale to members of the public.

   

  d) The prevention of public nuisance

   

  1.              All deliveries shall be completed by a solo driver, except in cases of for example, staff training. In these exceptions staff shall be aware of noise issues and talking etc when outside of their vehicles.

   

  2.              Car stereos shall be turned off before the driver exits the vehicle, or open doors/windows.

   

  e) The protection of children from harm

   

  1.              The premises adopt a Challenge 25 Policy whereby any delivery made to an individual who appears under the age of 25 shall be required to provide an approved form of photographic identification as outlined within the Torbay Council Licensing Statement of Principles.

   

  2.              There shall be no sale, even to an ID holder if there is blatant under-age drinking at the delivery premises.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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