Torbay CouncilLicensing & Public Protection

Your Local

17 Market Street, Torquay, Devon, TQ1 3AF

Completed application 074756 which is a New Mandatory Conditions for Premises Licence from 21/10/2026 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) 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).

   

  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.              Refuse sale to underage customers.

   

  2.              Refuse sale to already alcohol consumed customers.

   

  3.              Refuse sale to violent customers.

   

  4.              Work with local community Centre to promote safe and responsible drinking.

   

  5.              Ban any adult who are promoting young people to drink or smoke.

   

  The prevention of crime and disorder

   

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

   

                       The legality and procedure of alcohol sales, prior to undertaking the sale of alcohol.

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

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

                       How to complete and maintain the refusal register in operation at the premises.

                       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.

   

                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.

   

  2.              The premises shall install operate and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police and local authority.

   

         All public areas of the licensed premises including entry and exit points will be covered, including any outside areas under the control of the premises licence holder.

         The system must record clear images permitting the identification of individuals, and in particular a clear head and shoulder image of every person entering and leaving in any light condition.

         The CCTV system will continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

         All equipment must have a constant and accurate time and date generation.

         All recordings will be stored for a minimum period of 14 days with date and time stamping. 

         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 (or any replacement legislation) OR a staff member from the premises who is conversant with the operation of the CCTV system, shall be on the premises at all times when the premises are open.  This staff member must be able to provide an authorised officer of a responsible authority, copies of recent CCTV images or data with absolute minimum of delay when requested in accordance with the Data Protection Act 1998 (or any replacement legislation).

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

         There will be security measures in place to ensure the integrity of the system to prevent the tampering with, and deletion of, images.

   

  3.              An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details (select from the following):

   

         Any incidents of disorder or of a violent or anti-social nature

         All crimes reported to the venue, or by the venue to the police

         All ejections of patrons

         Any complaints received

         Seizures of drugs or offensive weapons

         Any faults in the CCTV system

         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.

   

  4.              No super-strength beer, lagers, ciders or spirit mixtures of 6.5% ABV (alcohol by volume) or above shall be sold at the premises.

   

  5.              No single cans or bottles of beer or cider to be sold, except for premium beers and ciders.

   

  The prevention of public nuisance

   

  1.              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.

   

  2.              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 immediately outside the premises (from building to edge of kerb). 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.

   

  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 i.e.

   

         A photo driving licence

         A passport

         An identification card carrying the PASS hologram

   

                Unless such identification is produced the sale of alcohol must be refused.

   

  2.              The premises shall display prominent signage indicating (at any point of sale/ at the entrance to the premises/ in all areas where alcohol is located) that a Challenge 25 scheme is in operation.

   

  3.              An alcohol sales refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused. The register will include:

   

         the date and time of refusal

         the reason for refusal

         details of the person refusing the sale

         description of the customer

         any other relevant observations.

   

                The refusals register will be made available for inspection and copying on request of an authorised officer of a responsible authority. All entries must be made within 24 hours of the refusal.

   

•  

  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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