Torbay CouncilLicensing & Public Protection

Tor Hill Road Convenience Store

6 Tor Hill Road, Torquay, Devon, TQ2 5RA

Completed application 071063 which is a Minor Variation Application for Premises Licence from 05/09/2025 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

   

  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 yearly 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.              CCTV

   

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

  ii) 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.

  iii) 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.

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

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

  vi) All recordings will be stored for a minimum period of 31 days with date and time stamping

  vii) 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).

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

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

  x) 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 is provided at the premises.

  xi) If the CCTV equipment (including any mobile units in use at the premises) 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.

   

  2.              Alcohol shall be secured in a secure storeroom as shown on plan.

   

  3.              The alcohol shall be restricted to the area as shown on Plan DSB-503-02.  There will be no alteration to the area used for the display of alcohol without prior consultation with the police and with the licensing authority's officers.

   

  4.              Signage shall be prominently displayed to confirm that:

   

                a) No alcohol will be sold or supplied to any persons who are intoxicated.

                b)  No alcohol will be sold or supplied to persons who are under 18 and proof of age must be provided if requested.

   

  5.              Tills shall be adjacent to the off-licence area for greater supervision.

   

  6.               Outside of the hours for the sale of alcohol, or in the event of insufficient members of staff on the premises, the off-licensed area will be closed to patrons and indicated as closed by the use of roller blinds.

   

  7.               No Super strength beers, lagers or ciders of 6% abv or above shall be sold at the premises.

   

  8.              The sale of all spirits shall be by way of counter service only.

   

  9.              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.

   

  10.              The premises shall have a Storenet/Nitenet Radio which shall be monitored and used to report incidents whever the premises are open to the public.

   

  11.              The premises shall prominently display signage advising customers that they are entering a Public Space Protection Order area which prohibits the consumption of alcohol. This signage must be visible to customers as they exit the premises.

   

  12.              No single cans of beer/lager/cider shall be sold in the premises, except for premium brands at a higher price point. Multi-packs of beer/lager/cider shall not be split up.

   

  Public Safety

   

  1.              Workplace regulations (for the premises where persons are employed) the fire safety measures with which the premises are provided, shall be maintained in good working order and their adequacy shall be determined on a regular basis by the carrying out of the fire risk assessment as required by, and in accordance with, the Fire Precautions (Workplace) Regulations.

   

  2.              First Aid - the applicant shall ensure that at all times there are adequate first aid arrangements.  The applicant arrangements for first aid provision include a first aid box, an adequate and appropriate supply of first aid equipment and materials to be used by patrons.  Suitable protective equipment shall be provided to deal with hypodermic needles, blood spillages and other body fluids.  Procedures shall be in place to ensure that body fluids are dealt with in a safe manner to avoid the risk of communicable diseases.

   

  The Prevention of Public Nuisance

   

  1.              Delivery/collection/storage facilities - the delivery of goods shall be restricted to the following times - between 06.00 and 18.00 hours.

   

  The Protection of Children from Harm

   

  1.              The premises shall operate a Challenge 25 Scheme whereby any person who appears to be under the age of 25 years shall be required to produce an approved form of photographic identification, as outlined within the Torbay Council Licensing Statement of Principles, and Challenge 25 posters wil be displayed within the premises.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.