Torbay CouncilLicensing & Public Protection

Cue Academy

122-126 Union Street, Torquay, Devon, TQ2 5QB

Open application 073869 which is a Minor Variation Application for Premises Licence to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or 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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

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

   

         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 (in relation to the sale of alcohol). 

         Recognising the signs of drunkenness. 

         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. 

         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 12 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.

   

  The prevention of crime and disorder

   

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

   

         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. 

   

  2.               There shall be no consumption of beverages purchased from the premises outside the premises, due to the premises being located within the CIA and a PSPO, which prohibits the consumption of alcohol in public places. 

   

  3.               A written drugs policy shall be in place and operated at the premises. It must detail the actions taken to minimise the opportunity to use or supply illegal substances within the premises. The policy must be made available for inspection and copying upon request by an authorised officer of a responsible authority. 

   

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

   

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

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

                iv) All equipment must have a constant and accurate time and date generation.  All recordings will be stored for a minimum period of 28 days with date and time stamping. 

                v) 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.

                vi) 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). 

                vii) The CCTV system will be capable of downloading images to a recognisable viewable format.  viii) There will be security measures in place to ensure the integrity of the system to prevent the tampering with, and deletion of, images. 

                ix) The CCTV system will be fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document (www.informationcommissioner.gov.uk) (or any renewed equivalent guidance which is subsequently issued) regarding installation of CCTV at the premises.

                x) If the CCTV equipment breaks down the Licensing Authority and the Police must be informed as soon as is reasonably practicable.  This information shall be contemporaneously recorded in an incident report register and shall include the time, date and means this was done and to whom the information was reported. Immediate steps must be taken to put the equipment back into action. The Licensing Authority and the Police shall be informed when faults are rectified.

   

  5.              The premises must join, maintain membership and actively use the Nitenet Radio Communications Scheme.

   

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

   

  7.              On all occasions when the premises is to sell alcohol past midnight SIA door supervisors shall be employed at the ratio of 2 stewards for the first 100 patrons, and thereafter at a ratio of 1:100. On all other occasions the PLH/ DPS shall carry out a risk assessment to determine whether SIA are required and if required employ sufficient SIA as determined by the risk assessment.

   

  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 hours. 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 hours - Noise emanating from the premises shall not be clearly distinguishable above other noise.

  ii)              After 2300 hours - 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 assessments from within the residential property.

   

  2.              All external doors and windows shall be kept shut at all times when the premises are open during regulated entertainment. Doors may be opened for normal entrance and egress of people but must be shut immediately after.

   

  3.              If Torbay Council receives a complaint of noise nuisance emanating from the premises and an Environmental Health Officer of Torbay Council reasonably deems noise nuisance to exist which arises from the provision of licensable activities and upholds the complaint, the Premises Licence Holder shall, on receiving written confirmation of that complaint from Torbay Council:

   

  i)              Co-operate with Torbay Council’s Environmental Health Officers and implement remedial measures to the satisfaction of the Environmental Health Officers immediately or as reasonably practicable to do so, as determined by the Environmental Health Officer.

   

  4.              Sufficient measures must be in place to remove litter or waste arising from customers and to prevent such litter/waste accumulating in the immediate vicinity of their premises. Where necessary adequate measures must be in place to provide customers with sufficient receptacles for the depositing of waste materials such as food wrappings, drinks containers, smoking related litter etc.

   

  5.              A member of staff shall for the premises shall assess the impact of noise coming from customers of the premises using any outside area in the immediate vicinity of the premises. Where issues are identified, approaches will be made to patrons by a member of staff for the premises and appropriate action shall be taken to prevent nuisance from occurring.

   

  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. 

   

         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 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.

   

  4.              No unaccompanied under 18s will be permitted on the premises after 20:00.

   

•  

  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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