Marina Developments Ltd

Torquay Marina, Vaughan Road, Torquay, Devon, TQ2 5EQ

Open application 071664 which is a New Application for Premises Licence

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 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.              The premises licence holder, DPS, management and staff will constantly assess any risks to the licensing objectives. They will work in partnership with the authorities and local people alike in this respect. The staff will be properly authorised, equipped, trained and motivated in this task. The premises licence holder shall maintain:

   

         A written notice of ‘authority’ record for all staff who sell alcohol

         Comprehensive training for staff in the main requirements of the Licensing Act 2003, the specific measures and conditions in place to promote the Licensing Objectives and the staff roles and responsibilities. Such records shall be available for inspection by the responsible authorities.

         Contact details of the Designated Premises Supervisor available to staff and to the authorities.

   

  2.              Alcohol shall not be consumed within the Marina office. Sales in the office shall be for consumption off the premises.

   

  3.              Off sales must leave the office in a sealed container.

   

  4.              A refusals log will be maintained to record any instance where alcohol sales are refused due to intoxication or lack of valid ID. This log will be reviewed regularly by the Designated Premises Supervisor (DPS).

   

  5.              An incident log will be maintained to record any crime, disorder, or ejection of customers, including time, date, details of the individuals involved, and any action taken.

   

  6.              ‘On’ sales of alcohol shall be limited to occasions when the ‘Table of Treats’ event is occurring on the pontoons. A record of the days of such events shall be kept in the Marina Office and available for inspection by the responsible authorities. There shall be a limit of 4 such events each month and being held between 1100 - 1600hrs on any day.

   

  7.              The ‘Table of Treats’ event shall not be for the general public. ‘On’ sales of alcohol at this event shall be limited to MDL registered customers, their bona fide guests, those occupying visiting berths and members of MDL staff and their families/friends.

   

  8.              Off sales of alcohol from a mobile trolley may occur anywhere on the pontoons and shall be limited to the hours of 1100 - 2000hrs on any day.

   

  The prevention of crime and disorder

   

  1.              The management and staff will take all necessary steps to ensure that the marina remains free from crime and disorder. This will include:

   

         An effective CCTV system.

         CCTV coverage shall be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition.

         Cameras shall encompass all ingress and egress to the Marina office and all internal areas where the sale of alcohol occurs.

         Equipment shall be maintained in good working order and checked every 12 months.

         The system shall record in real time and operate whilst the premises are open for licensable activities.

         The recordings shall be kept available for a minimum period of 28 days and handed to Police or Local Authority Officer on request.

         The Recording equipment shall be kept in a secure environment under the control of the Premises Licence Holder or other responsible named individual.

         Appropriate signage representative of the above shall be displayed in conspicuous positions.

         There will be sufficient members of trained staff available to be able to download evidence with the minimum of delay at the request of the Police or Local Authority approved Officer.

   

  2.              Staffing levels shall be maintained appropriately to ensure adequate security in the Marina Office.

   

  3.              Staff shall be trained on all security issues including how to identify and refuse service to customers that are drunk, appear to be drunk or are suspected to be dependent drinkers.

   

  Public safety

   

  1.              The premises licence holder, management and staff will have an effective policy to promote safety throughout the Marina complex. The DPS will liaise with the authorities to ensure that all aspects of public safety are adhered to. The policy will include:

   

         Appropriate fire-fighting equipment being installed and maintained at the ‘premises’ and staff trained in its use.

         The approved arrangements at the ‘premises’, including means of escape provisions, emergency warning and life-saving equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order.

         The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided.

   

  The prevention of public nuisance

   

  1.              The premises licence holder and staff are mindful of the need to reduce the impact of any nuisance caused by the operation of licensable activity, will constantly assess any risks and take immediate steps to eliminate the problem. Staff will ensure:

   

         The Marina complex and public areas nearby are kept free from litter associated with the operation of the business.

         Any noise, vibrations, smells, light pollution and any other potential nuisance is monitored and kept to an acceptable level.

         The premises licence holder shall deploy staff members to supervise visitors occupying the pontoons to ensure there is no public nuisance.

   

  The protection of children from harm

   

  1.              The Marina will be promoted as family friendly and suitable for all ages. Should children be in attendance, there will be no inappropriate promotions, activities or behaviour tolerated at the Marina that might put children at risk.

   

  2.              There will be an effective age verification policy in accordance with the mandatory code. This policy will be one of Challenge 25 for age-restricted products and include:

   

         The appropriate display of notices relating to the policy within the Marina Office, at the ‘Table of Treats’ and on the trolleys servicing the off sales on the pontoons.

         These notices will indicate that any customer not appearing to have reached the age of 25 will be required to produce appropriate identification proving that they have turned 18 before being served.

         Appropriate ID will be a passport, photo driving licence, PASS accredited proof of age card or other reliable photo-ID that is recommended and approved for acceptance by the police or other authorities.

   

  3.              Staff shall be trained in aspects of responsible alcohol retailing the Protection of Children including the Challenge 25 policy. Training will occur before a staff member is given authorisation to sell alcohol under this premises licence. Staff training records will be available for inspection by the police or other responsible authority upon request.

   

Premises Plans

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