Torbay Mart

24a Torbay Road, Paignton, Devon, TQ4 6AF

Open application 072758 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 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 mandatory conditions set out in the Licensing Act 2003 will be obeyed.

   

  2.              An incident book shall be kept at the premises and maintained on site at all times. It shall be made available on request to an authorised officer of the local authority or member of police staff which record the following;

   

                i)All crimes reported to the venue

                ii) All ejections of patrons

                iii) Any complaints received (of a criminal or licensing nature)

                iv) Any incidents of disorder

                v) Any visit by representatives of a relevant authority or emergency service

                vi) Any faults in the CCTV system

   

                Staff will be trained in relation to their responsibility to complete an incident report. Access to incident reports shall be made available to the Police on request.

   

  3.              The premises will operate a challenge 25 policy. This policy will be brought to the attention of customers through point of sale including the use of appropriate signage, displayed in prominent positions in the premises. The only form of identification recognised will be photographic identification cards such as driving licence, passport, armed forces identification cards or proof of age scheme cards. All staff will receive the appropriate Challenge 25 training. No sale of alcohol will be made to those persons who, if challenged, are unable to produce suitable identification.

   

  4.              The DPS fully understands his role and responsibilities concerning the four licensing objectives contained within the Licensing Act 2003.

   

  5.              Alcohol will not be consumed on the premises.

   

  The prevention of crime and disorder

   

  1.              Notice(s) shall be on display in the premises asking customers to leave the premise quietly and not to congregate outside the shop.

   

  2.              All deliveries and waste collections to the premises will take place at a time as to not cause a disturbance to the nearby residents.

   

  3.              Waste will be kept securely in a designated area and the movement of bins and rubbish shall be kept to a minimum at all times to reduce the levels of noise produced by the premises.

   

  4.              The management fully understands that it is their duty to prevent their business causing any nuisance to any local residents or businesses. They will monitor the external premises area in relation to any anti-social behaviour or public nuisance.

   

  Public safety

   

  1.              The CCTV shall cover clearly any area where alcohol is on display.

   

  2.              If an incident occurs at the premises then the footage on the CCTV system shall be made available to view by Police officers on request. If a copy is requested then it must be available within 24 hours of the request.

   

  3.              The premises licence holder will ensure that the appropriate fire safety and health and safety regulations are applied at the premises.

   

  4.              A first aid kit will be kept and maintained at the premises.

   

  The prevention of public nuisance

   

  1.              A CCTV system shall be installed to an agreed standard as approved by the Police and it shall be maintained and operated at all times when the premises are open to the public. The system will cover all areas of the premises where the public have access (excluding toilets) including all entrances and exits and any external areas associated with the premises. The images will be kept for a minimum of 31 days and shall be produced to a police employee in a readily playable format immediately upon request when the premises are open to the public and at all other times as soon as reasonably practicable. There will be sufficient trained staff to facilitate the above.

   

  2.              Maintain an incident register that is accessible on the premises. The DPS, or a member of management shall ensure that the details of incidents shall be added to the register within 24 hrs of any incident and made available to police / council on request. The following details shall be recorded:

   

         Date

         Time

         Location

         Persons concerned (or at least a description)

         Summary of incident

         Identification of any Emergency Services Personnel who attended

         Crime or appropriate reference number provided by the Emergency Services that relates to the incident and any linked incidents.

   

  3.              The management will give full and immediate cooperation and technical assistance to the Police in the event that CCTV footage is required for the prevention and detection of suspected or alleged crime.

   

  4.              The CCTV images will record and display dates and times, and these times will be checked regularly to ensure their accuracy. The time will be amended promptly when British Summer Time starts and ends.

   

  5.              In the event of the CCTV system hard drive being seized as evidence as part of a criminal investigation by the Police or for any other reason, the premises will be expected to install a replacement hard drive or a temporary replacement drive as soon as practicable.

   

  6.              All sales of alcohol will be made in sealed containers.

   

  The protection of children from harm

   

  1.              The premises will operate a “Challenge 25” policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age. The recommended forms of ID that will be accepted are passports, driving licences with a photograph, photographic military ID or proof of age cards bearing the “PASS” mark hologram, official photographic identity cards issued by EU statesbearing a hologram or ultraviolet feature.

   

  2.              Suitable and sufficient signage advertising the “Challenge 25” policy will be displayed in prominent locations in the premises, including the point of sale and the area where the alcohol is displayed.

   

  3.              The Premises Licence Holder shall ensure that all staff members (including family members, friends and all temporary staff) engaged or to be engaged, in selling alcohol at the premises shall receive induction training. This training will take place prior to the selling of such products:

   

         the lawful selling of age restricted products

         refusing the sale of alcohol to a person who is drunk

   

  3.              Staff authorised to carry out Licensable Activity shall receive initial training in relation to age-related sales, sales to intoxicated persons and age challenge procedures prior to being allowed to work at the premises. Refresher training shall be conducted very 6 months. The DPS shall keep records of such training for a period of 18 months.

   

  4.              All such training and refresher training undertaken by staff members shall be fully documented and signed and dated by both the employee and the DPS. All training records shall be kept on the premises and made available to officers of any responsible authority upon request.

   

  5.              The premise shall operate an alcohol refusals policy - alcohol will not be sold to:

   

                i) Any person recognised or identified as a street drinker (regardless of their level of intoxication

                ii) Any person found to be drinking alcohol in the street

                iii) Any person who is drunk or appears to be drunk

                iv) Any person suspected of trying to buy alcohol for another who is drunk or appears to be drunk

                v) Any person unable to provide valid ID when requested by staff

                vi) Any person who is verbally or physically abusive towards staff or customers

                vii) To any person suspected of trying to buy alcohol for another person(s) who may be underage

   

                A notice advising customers of the refusals policy shall be on display. Feedback will be given to staff to ensure these are used on each occasion that a refusal or incident occurs at the premises.

Premises Plans

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