The Maycliffe Hotel

St Lukes Road North, Torquay, Devon, TQ2 5PD

Completed application 036225 which is a Cancellation/Surrender for Premises Licence from 28/04/2014 to 29/01/2015

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• entertainment facilities for dancing
• provision of late night refreshment

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 shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children -

   

                                   (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as  defined in section 159 of the Act);

   

                                (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;

   

                      (d) provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on -

   

                                 (i)        the outcome of a race, competition or other event or process, or

   

                                  (ii)               the likelihood of anything occurring or not occurring;

   

                  (e) 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.

   

  4)              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  5)              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6)                             (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

                                     (2) 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 a holographic mark.

   

  7).               The responsible person shall 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

   

                                (ii) still wine in a glass: 125 ml; and

   

              (b) customers are made aware of the availability of these measures.

   

   

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

•  

  Conditions transferred from the licence

   

  1.                             Intoxicating liquor shall not be sold or supplied on the premises otherwise than to:
   

  (a)               Persons taking table meals there and for consumption by such a person as an ancillary to his meal, and
   

  (b)               Persons residing there or their private friends bona fide entertained by them at their own expense and for consumption by such a person or his private friends so entertained by him either on the premises, or with a meal supplied at but to be consumed off the premises.
   

  (c)               Persons attending bona fide functions held at the premises at which bona fide meals are served, such functions being organised by an individual or organisation hiring the premises for the period.

   

  2.              Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served on the premises.
   

  3.                            There shall be no off sales.

   

   

   

•  

  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:

   

  (a)               during the first twenty minutes after the above hours the consumption of the alcohol on the premises;

   

  (b)               during the first twenty minutes after the above hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;
   

  (c)               during the first thirty minutes after the above hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;
   

  (d)               consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
   

  (e)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
   

  (f)               the sale of alcohol to a trader or club for the purpose of the trade or club.
   

  (g)               the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
   

  (h)               the taking of alcohol from the premises by a person residing there; or
   

  (i)               the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
   

  (j)               the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of the employer or of the person carrying on or in charge of the business on the premises.

  Credit Sales

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

   

  (a)               with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
   

  (b)               for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
   

  (c)               to a canteen or mess.

   

   

• General

   

  1.              The majority of the hotel business shall be 99% holiday makers that are pre booked on coaches.

   

  2.              All staff shall wear name badges and be in uniform.

   

  3.              The Dining Room and the Dry Lounge shall be non smoking areas.

   

  4.              Smoking shall be permitted in the Bar Lounge.

   

  The prevention of crime and disorder

   

  1.              The hotel has a closed door that shall only be accessed by residents with a swipe card.  All other callers must ring the door bell to gain entry.

   

  2.              Persons using the bar shall not be served alcohol if it is deemed that they are intoxicated.

   

  3.              Any person being disruptive shall be escorted from the premises.

   

  Public safety

   

  1.              The hotel has a full fire certificate and shall continue to be inspected regularly by the Fire Officer.  A fire log book shall be completed as and when required, and the mandatory testing of equipment shall be carried out.

   

  2.              A service contract shall be in place for the fire alarm system.

   

  3.              All fire exits shall be kept clear of obstructions at all times.

   

  4.              Regular weekly inspections of the building and fixtures and fitting shall be carried out to ensure the safety of staff and customers.

   

  The prevention of public nuisance

   

  1.              Entertainment noise shall be kept to an acceptable level so as not to annoy and any other property.

   

  2.              Windows and doors shall be closed at or before 23.00 hours when live entertainment is on.

   

  3.              All deliveries and bottle clearance shall be carried out between the hours of 09.00 hours and 19.00 hours.

   

  4.              A notice shall be displayed at the exit to ask non-residents leaving the premises to do so quietly.

   

  The protection of children from harm

   

  1.              The hotel shall not have any form of adult entertainment.

   

  2.              No person under the age of 18 must be served alcohol.

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

• The prevention of public nuisance

   

  1.              Incidental music shall be permitted throughout the period the premises is open to the public.

   

  2.              Noise or vibration shall not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.  In general terms, noise from the premises should not be audible within any noise sensitive premises (e.g. dwelling) with windows open for normal ventilation especially after 23.00hrs. This shall be assessed from the boundary to the nearest residential properties, on all sides of the licensed premises.  The criteria that will be applied are;

   

                (a)              Before 23.00 - Noise emanating from the premises shall not be clearly distinguishable above other noise.

                (b)              After 23.00 - Noise emanating from the premises shall not be distinguishable above background levels of noise.

                (c)              The Local Authority shall reserve the right in cases of tonal noise and where premises are attached to others (i.e. semi's and terraced properties)  to make further assessments from within the residential property.

   

  3.              To reduce noise breakout, doors and windows facing onto any noise sensitive premises (e.g. dwelling) shall be kept shut during entertainment.  A management scheme shall be in place to ensure this situation remains.

   

  4.              The placing of refuse, such as bottles into receptacles outside the premises shall take place at times that will prevent disturbance to nearby properties.

   

  5.              The handling of beer kegs, bottles, and other similar items shall not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside buildings.

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.