Arena Torquay

39-41 Torwood Street, Torquay, Devon, TQ1 1DZ

Open application 067024 which is a New Application for Premises Licence

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
• 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 -

   

                a) the film classification body is not specified in the licence, or

   

                b) 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: PLAYS

   

  1)              In relation to a premises licence, which authorises the performance of plays, no condition may be attached to the licence as to the nature of the plays, which may be performed, or the manner of performing plays, under the licence.

   

  2)              But subsection (1) does not prevent a licensing authority imposing, in accordance with section 18(2)(a) or (3)(b), 35(3)(b) or 52(3), any condition which it considers necessary on the grounds of public safety.

   

  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)

   

                a) 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.

   

                b) In respect of premises in relation to:

   

                i) 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

                ii)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:

   

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

   

                b) 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 licence holder must ensure that all staff receive appropriate training regarding emergency and general safety precautions and procedures.

   

  2.              The licence holder must ensure that all staff are aware of their social and legal obligations and their responsibilities regarding the sale of alcohol.

   

  3.              The Premises Licence Holder/DPS shall be available/contactable at all times and be responsible for cooperating and liaising with any responsible authority.

   

  The prevention of crime and disorder

   

  1.              A CCTV system of an evidential standard must be installed to the satisfaction of the Police, and the system to be in operation at all times the premises are open to the public. All recordings from that system must be kept for a period of 31 days and the police to have access to recordings at any reasonable time.

   

  2.              The premises shall install, operate and maintain a digital colour CCTV system to the satisfaction of the Police and Local Authority. As a minimum, the system must:

   

                i. Cover all public areas of the licensed premises, including entry and exit points. This also includes any outside areas under the control of the premises licence holder. (The location of cameras can also be specified on the plan attached to the premises licence).

                ii. Record clear images permitting the identification of individuals and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition.

                iii. Continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

                iv. Have a constant and accurate time and date generation.

                v. Store recordings for a minimum period of 14 days with date and time stamping.

                vi. Viewable copies of recordings will be provided on request to the police and local authority officers as soon as is reasonably practicable and in accordance with the Data Protection Act 1998.

                vii. The CCTV system will be capable of downloading images to a recognisable viewable format.

                viii. The CCTV system will capture a minimum of 4 frames per second.

                ix. The CCTV system will be fitted with security functions to ensure the integrity of the system and to prevent the tampering with and deletion of images (i.e. password protection).

   

  3.              Premises must join and maintain membership of the Nitenet Radio Communications Scheme.

   

  4.              All staff engaged in licensable activity at the premises will receive training and information in relation to the following:

   

                i. The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

                ii. The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

                iii. How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

                iv. Recognising the signs of drunkenness.

                v. The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.

                vi. Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

   

  5.              Training shall be recorded in documentary form and shall be regularly refreshed at no greater than annual intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.

   

  6.              Training records will be retained for at least 12 months.

   

  7.              An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details:

   

                i. Any incidents of disorder or of a violent or anti-social nature

                ii. All crimes reported to the venue, or by the venue to the police

                iii. All ejections of patrons

                iv. Any complaints received

                v. Seizures of drugs or offensive weapons

                vi. Any faults in the CCTV system

                vii. Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.

   

                Records must be completed within 24 hours of any incident, and will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident. The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.

   

  8.              As a standard, all drinks served shall be served in toughened or strengthened glasses.

   

  9.              The number of SIA registered door supervisors shall be in attendance at the premises in the following numbers, days & times listed below and employed until 30 minutes after closing time each day:

   

                        Monday, Tuesday, Wednesday, Thursday and Sunday - No SIA door supervisors unless the Risk Assessment by management requires it.

                        Friday and Saturday – As a standard, a minimum of 2 SIA Door supervisors will be on duty from 21.00 hours until close on Friday and Saturday nights. Thereafter, the number of SIA licensed door supervisors employed shall be in accordance with 1:100 ratio of door supervisors to customers. During peak times a minimum of 4 SIA door supervisors will be on duty from 2100hrs until close. For the purposes of this premises licence “peak times” is defined by school holidays and tourist season which runs from June – August.

   

  10.              DPS and/or the premises licence holder will be responsible for conducting risk assessments for the requirement of additional door staff especially during busy periods, public holidays, or any other events such as sporting events or festivals.

   

  11.              A Risk Assessment with a full review will be completed every quarter, but immediate action will be taken if there is seen to be evidence to suggest an increase to the volume of SIA trained door staff is required on any particular day.

   

  12.              A register of door staff will be maintained with the name, date, license number and times that the door staff were on duty. This will be available to any representative of the police or local authority when requested.

   

  13.              A search policy shall be in place and will include procedures for the confiscation of prohibited articles, such as drugs and weapons.

   

  Public safety

   

  1.              In the absence of adequate daylight, artificial lighting in any area accessible to the public shall be fully operational whilst the public are present.

   

  2.              The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.

   

  3.              All premises must have emergency lighting, tested daily and a log maintained.

   

  The prevention of public nuisance

   

  1.              The handling of kegs, bottles cleaning equipment, bottle disposal and similar items shall not take place before 08.00 hours or after 23.00 hours.

   

  2.              Noise from the premises shall not be audible within any dwelling with windows open for normal ventilation especially after 23.00 hours. This shall be assessed from the boundary to the nearest residential properties, on all side of the licensed premises. The criteria that shall be applied are:

   

                i. Before 23.00 hours – Noise emanating form the premises shall not be clearly distinguishable above other noise.

                ii. After 23:00 hours – Noise emanating from the premises shall not be distinguishable above background level 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.

   

  3.              A senior member of staff (Manager) shall assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment to ensure level of noise have not increased.

   

  4.              No deliveries (in relation to licensable activities) to the premises shall take place between 20.00 hours and 09.00 hours.

   

  5.              No fumes, smoke, steam or odours shall be emitted from the licensed premises so as to cause a nuisance to any persons living or carrying on business in the area where the premises are situated.

   

  6.              Ventilation equipment will be regularly cleaned and maintained to control the levels of fumes, smoke, steam or odour generated by the premises.

   

  7.              All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting and lockable lid.

   

  8.              During the hours of operation of the premises, sufficient measures will be taken to remove and prevent litter and waste arising or accumulating from customers in the area outside the premises. This area shall be swept and/or washed, and litter and sweepings collected and stored in accordance with the approved refuse storage arrangements by close of business.

   

  9.              The entrance/exit door(s) shall be fitted with a suitably constructed lobby and doors with automatic door-closers that are maintained in good working order to minimise noise break out from the premises.

   

  10.              Prominent signage shall be displayed at all exits from the premises requesting that customers leave quietly.

   

  11.              When issues are identified approaches will be made to patrons, who will be asked not to stand around talking in the street outside the premises and asked to leave the vicinity as quickly and quietly as possible.

   

  12.              A written dispersal policy shall be in place and implemented at the premises to move customers from the premises and the immediate vicinity in such a way as to cause minimum disturbance or nuisance to neighbours.

   

  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 Council’s Licensing Statement of Principles.

   

  2.              All staff engaged in licensable activity at the premises will receive training and information in relation to the following:

   

                i. The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

                ii. The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

                iii. How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

                iv. Recognising the signs of drunkenness.

                v. The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.

                vi. Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

   

                Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 6 monthly intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority. Training records will be retained for at least 12 months.

   

Premises Plans

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