Licensing Act 2003 - Premises Licence Register as at 22:05 on 13 May 2024

The Green Ginger

Winter Gardens, Fleet Walk Shopping Centre, Torquay, Devon, TQ2 5DZ

Completed application 034692 which is a Change of Supervisor for Premises Licence from 16/05/2014 to indefinite

Applicant(s)

Full Name	JD Wetherspoon Plc

Designated Premises Supervisor

Full Name	Ms Emma Louise Gibson

Permitted Activities

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
entertainment facilities for making music
entertainment facilities for dancing
provision of late night refreshment
the sale by retail of alcohol
entertainment of a similar description to that falling within entertainment facilities for making music or dancing
an exhibition of a film
an indoor sporting event

Premises Open Hours Requested
	Time From	Time To

Monday to Sunday	07:00	03:30	Bank Holiday Fridays to Mondays (excluding Good Friday) - 07.00 to 04.00 On Saint Patrick's Day, St George's Day and St Valentine's Day 07.00 to 04.00. Christmas Eve, Boxing Day, Maundy Thursday and New Year’s Day 07.00 to 04.00. New Year's Eve from the end of permitted hours until the start of permitted hours on New Years Day On the morning British Summertime commences the licensable activity will be extended by an additional hour. On a maximum of 24 occasions a year, such hours as may be agreed by the Police to have an absolute veto, and at least 7 days notice of such a request to be given to the Police and Licensing Authority.
Activities - Times Requested
	Time From	Time To
B. Exhibition of films (Indoors)

Monday to Sunday	07:00	03:00	Bank Holiday Fridays to Mondays (excluding Good Friday) - 07.00 to 04.00 On Saint Patrick's Day, St George's Day and St Valentine's Day 07.00 to 04.00. Christmas Eve, Boxing Day, Maundy Thursday and New Year’s Day 07.00 to 04.00. New Year's Eve from the end of permitted hours until the start of permitted hours on New Years Day On the morning British Summertime commences the licensable activity will be extended by an additional hour. On a maximum of 24 occasions a year, such hours as may be agreed by the Police to have an absolute veto, and at least 7 days notice of such a request to be given to the Police and Licensing Authority.
C. Indoor sporting event

Monday to Sunday	07:00	03:00	Bank Holiday Fridays to Mondays (excluding Good Friday) - 07.00 to 04.00 On Saint Patrick's Day, St George's Day and St Valentine's Day 07.00 to 04.00. Christmas Eve, Boxing Day, Maundy Thursday and New Year’s Day 07.00 to 04.00. New Year's Eve from the end of permitted hours until the start of permitted hours on New Years Day On the morning British Summertime commences the licensable activity will be extended by an additional hour. On a maximum of 24 occasions a year, such hours as may be agreed by the Police to have an absolute veto, and at least 7 days notice of such a request to be given to the Police and Licensing Authority.
E. Performance of live music (Indoors)

Monday to Sunday	07:00	03:00	Bank Holiday Fridays to Mondays (excluding Good Friday) - 07.00 to 04.00 On Saint Patrick's Day, St George's Day and St Valentine's Day 07.00 to 04.00. Christmas Eve, Boxing Day, Maundy Thursday and New Year’s Day 07.00 to 04.00. New Year's Eve from the end of permitted hours until the start of permitted hours on New Years Day On the morning British Summertime commences the licensable activity will be extended by an additional hour. On a maximum of 24 occasions a year, such hours as may be agreed by the Police to have an absolute veto, and at least 7 days notice of such a request to be given to the Police and Licensing Authority.
F. Playing of recorded music (Indoors)

Monday to Sunday	07:00	03:00	Bank Holiday Fridays to Mondays (excluding Good Friday) - 07.00 to 04.00 On Saint Patrick's Day, St George's Day and St Valentine's Day 07.00 to 04.00. Christmas Eve, Boxing Day, Maundy Thursday and New Year’s Day 07.00 to 04.00. New Year's Eve from the end of permitted hours until the start of permitted hours on New Years Day On the morning British Summertime commences the licensable activity will be extended by an additional hour. On a maximum of 24 occasions a year, such hours as may be agreed by the Police to have an absolute veto, and at least 7 days notice of such a request to be given to the Police and Licensing Authority.
G. Performance of dance (Indoors)

Monday to Sunday	07:00	03:00	Bank Holiday Fridays to Mondays (excluding Good Friday) - 07.00 to 04.00 On Saint Patrick's Day, St George's Day and St Valentine's Day 07.00 to 04.00. Christmas Eve, Boxing Day, Maundy Thursday and New Year’s Day 07.00 to 04.00. New Year's Eve from the end of permitted hours until the start of permitted hours on New Years Day On the morning British Summertime commences the licensable activity will be extended by an additional hour. On a maximum of 24 occasions a year, such hours as may be agreed by the Police to have an absolute veto, and at least 7 days notice of such a request to be given to the Police and Licensing Authority.
H. Entertainment of a similar description to that falling within E, F, or G (Indoors)

Monday to Sunday	07:00	03:00	Bank Holiday Fridays to Mondays (excluding Good Friday) - 07.00 to 04.00 On Saint Patrick's Day, St George's Day and St Valentine's Day 07.00 to 04.00. Christmas Eve, Boxing Day, Maundy Thursday and New Year’s Day 07.00 to 04.00. New Year's Eve from the end of permitted hours until the start of permitted hours on New Years Day On the morning British Summertime commences the licensable activity will be extended by an additional hour. On a maximum of 24 occasions a year, such hours as may be agreed by the Police to have an absolute veto, and at least 7 days notice of such a request to be given to the Police and Licensing Authority.
I. Provision of facilities for making music (Indoors)

Monday to Sunday	07:00	03:00	Bank Holiday Fridays to Mondays (excluding Good Friday) - 07.00 to 04.00 On Saint Patrick's Day, St George's Day and St Valentine's Day 07.00 to 04.00. Christmas Eve, Boxing Day, Maundy Thursday and New Year’s Day 07.00 to 04.00. New Year's Eve from the end of permitted hours until the start of permitted hours on New Years Day On the morning British Summertime commences the licensable activity will be extended by an additional hour. On a maximum of 24 occasions a year, such hours as may be agreed by the Police to have an absolute veto, and at least 7 days notice of such a request to be given to the Police and Licensing Authority.
J. Provision of facilities for dancing (Indoors)

Monday to Sunday	07:00	03:00	Bank Holiday Fridays to Mondays (excluding Good Friday) - 07.00 to 04.00 On Saint Patrick's Day, St George's Day and St Valentine's Day 07.00 to 04.00. Christmas Eve, Boxing Day, Maundy Thursday and New Year’s Day 07.00 to 04.00. New Year's Eve from the end of permitted hours until the start of permitted hours on New Years Day On the morning British Summertime commences the licensable activity will be extended by an additional hour. On a maximum of 24 occasions a year, such hours as may be agreed by the Police to have an absolute veto, and at least 7 days notice of such a request to be given to the Police and Licensing Authority.
K. Provision of facilities for entertainment of a similar description to that falling within I or J (Indoors)

Monday to Sunday	07:00	03:00	Bank Holiday Fridays to Mondays (excluding Good Friday) - 07.00 to 04.00 On Saint Patrick's Day, St George's Day and St Valentine's Day 07.00 to 04.00. Christmas Eve, Boxing Day, Maundy Thursday and New Year’s Day 07.00 to 04.00. New Year's Eve from the end of permitted hours until the start of permitted hours on New Years Day On the morning British Summertime commences the licensable activity will be extended by an additional hour. On a maximum of 24 occasions a year, such hours as may be agreed by the Police to have an absolute veto, and at least 7 days notice of such a request to be given to the Police and Licensing Authority.
L. Late night refreshment (Indoors)

Monday to Sunday	23:00	03:00	Bank Holiday Fridays to Mondays (excluding Good Friday) - 23.00 to 04.00 On Saint Patrick's Day, St George's Day and St Valentine's Day 23.00 to 04.00. Christmas Eve, Boxing Day, Maundy Thursday and New Year’s Day 23.00 to 04.00. New Year's Eve from the end of permitted hours until the start of permitted hours on New Years Day On the morning British Summertime commences the licensable activity will be extended by an additional hour. On a maximum of 24 occasions a year, such hours as may be agreed by the Police to have an absolute veto, and at least 7 days notice of such a request to be given to the Police and Licensing Authority.
M. The sale by retail of alcohol for consumption ON and OFF the premises

Monday to Sunday	08:00	03:00	Bank Holiday Fridays to Mondays (excluding Good Friday) - 08.00 to 04.00 On Saint Patrick's Day, St George's Day and St Valentine's Day 08.00 to 04.00. Christmas Eve, Boxing Day, Maundy Thursday and New Year’s Day 08.00 to 04.00. New Year's Eve from the end of permitted hours until the start of permitted hours on New Years Day On the morning British Summertime commences the licensable activity will be extended by an additional hour. On a maximum of 24 occasions a year, such hours as may be agreed by the Police to have an absolute veto, and at least 7 days notice of such a request to be given to the Police and Licensing Authority.

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 shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

                                 (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

                              (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;

                    (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on -

                               (i)        the outcome of a race, competition or other event or process, or

                                (ii)               the likelihood of anything occurring or not occurring;

                (e) 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.

4)              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

5)              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

6)                             (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

                                   (2) 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 a holographic mark.

7).               The responsible person shall 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

                              (ii) still wine in a glass: 125 ml; and

            (b) customers are made aware of the availability of these measures.
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 premises licence holder shall adhere to JD Wetherspoons "Code of Conduct for Responsible Retailing" as amended from time to time, the January 2009 version of which accompanies the application.

2.              The premises licence holder shall ensure that all staff at the premises has been trained in accordance with established JD Wetherspoons plc trading procedures. Specifically the premises licence holder shall ensure that all employees are trained in their responsibilities to prevent alcohol being served to anybody who is under the legal age limit or to anyone who appears to be drunk or to anyone who is trying to purchase alcohol on their behalf.

The Prevention of Crime and Disorder

1.              The premises licence holder shall risk assess the need for door supervisors at the premises and/or employ such door supervisors at such time and in such numbers as deemed necessary by the risk assessment and/or at any other times upon agreement with the police.

2.              The premises licence holder shall ensure that there are sufficient staffing levels including managers to encourage responsible behaviour on the premises at all times.

3.              Non-alcoholic beverages including soft drinks, water, coffee and tea shall be available at all times, sale by retail of alcohol carried out on the premises.

4.              The premises licence holder shall take responsible steps to ensure that the DPS or a nominated member of staff shall be a member of the Pub watch or a similar scheme where such a scheme is available. The DPS shall be encouraged to attend regular meetings of such a scheme.

Public Safety

See the Prevention of Crime and Disorder

Prevention of Public Nuisance

See the Prevention of Crime and Disorder

The Protection of Children from Harm

1.              The premises licence holder shall operate a "Challenge 21" Policy at all times.

2.              Suitable food and non-alcoholic beverages shall be available at all times children are allowed on the premises.
ANNEXE 3

CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY
The Prevention of Crime and Disorder

1.              On any Thursday, Friday, Saturday and Sunday night that the premises remain open for the sale of alcohol after midnight and then closed after 0030, SIA door supervisors shall be employed on the premises from 2200 until close, at a ratio of 1 supervisor per 100 customers. (This condition shall also apply on Christmas Eve and New Years Eve when they do not fall on a Thursday, Friday, Saturday or Sunday.) On all other occasions, the premises licence holder shall risk assess the requirement for door supervisors and employ such door supervisors, if at all, in such numbers and at such times determined by that risk assessment.

2.              CCTV shall be installed to the satisfaction of the police and will operate throughout the time the premises are open to the public and include recording facilities. Recordings shall be kept for a minimum of 14 days, during which time the police shall have access at any reasonable time.

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

4.              All door supervisors deployed at the entrance(s) of the premises or externally shall wear high visibility reflective jackets or waistcoats for the entirety of their duty.

5.              The premises shall join Torquay Night Time Economy Forum with the DPS or member of the management team having to attend at least two meetings per calendar year.

6.              All drinks must be served in toughened, strengthened, polycarbonate or plastic glasses. On any Thursday, Friday, Saturday and Sunday night that the premises remain open for the sale of alcohol after midnight and then close after 0030, no alcohol shall be served in glass bottles from which it is intended or likely that customers shall drink, from 2200 onwards. This condition shall also apply on Christmas Eve and New Years Eve when they do not fall on a Thursday, Friday, Saturday or Sunday.

7.              There shall be no offers of 'All inclusive' drinks promotions at the premises.

8.              All drinks promotions shall be managed in a responsible manner.

9.              No under 18 year olds shall be in the premises after 2200.

10.              There shall be no entry or re-entry to the premises after 0200.

11.              There shall be no consumption of drink (alcoholic or non-alcoholic) or food in the first floor terrace area after 0200. At all times after 0200 when the premises are open for licensable activities, an SIA registered door supervisor shall be employed at the entrance to the area to ensure compliance with the preceding restriction and to ensure that no unauthorised entrance to the premises takes place via the area.

The Prevention of Public Nuisance

1.              Noise from the premises shall not be audible within any dwelling with windows open for normal ventilation especially after 2300. 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 2300 - Noise emanating from the premises shall not be clearly distinguishable above other noise.
              (ii)              After 2300 - 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 assessment from within the residential property.

2.              No rubbish, including bottles, shall be moved, removed or placed in outside areas between 2100 and 0900.

3.              Speakers shall not be positioned outside.

4.              To allow live and amplified music inside doors and windows shall be kept shut during entertainment to reduce noise breakout. A management scheme shall be in place to ensure this situation remains.
ANNEXE 4

PLANS

Copy attached to Licence.

Premises Plans

- Page 1 of 1

The Green Ginger

Completed application 034692 which is a Change of Supervisor for Premises Licence from 16/05/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

Additional Conditions

MANDATORY CONDITION: DOOR SUPERVISION

Premises Plans