JD's Bar & Diner

1 Fleet Street, Torquay, Devon, TQ1 1BX

Completed application 016991 which is a Internal Amendment/Variation for Premises Licence from 07/11/2008 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• a performance of live music
• 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
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing

Additional Conditions

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  ANNEXE 1

   

   

   

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  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.

   

   

  MANDATORY CONDITION: DOOR SUPERVISION

   

  1)       Where one or more individuals are carrying out security activities, each individual must be licensed by the Security Industry Authority.

   

  2)       But nothing in the aforementioned conditions requires such a condition to be imposed in respect of a) and b) and (b)(i) and (b)(ii)

   

  ()        in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c. 12) (premises with premises licences authorising plays or films), are exempt.
   

  ()        In respect of premises in relation to-

  ()        any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

  ()        any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

   

  3)              For the purposes of the aforementioned conditions:-

   

  ()        “security activity” means an activity to which paragraph 2(1)(a) of that Schedule applies, and
   

  ()         paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule.

   

   

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  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

  1                      Reasonable disabled facilities shall be available.

   

  2                      High standards of safety and prevention of crime and disorder shall be maintained by working co-operatively with relevant agencies.

   

  3                      Must work closely with business neighbours and residents to prevent public nuisances by preventing disturbances in the arrivals and departures of patrons.

   

  4                      Children shall be protected from harm at all times by restriction of entry times and to areas of the premises.

   

  5                      Additional patrons must not be admitted after 1.00am. 

   

  The Prevention of Crime and Disorder

   

  6                      Trained registered door supervisors must be present when public entertainment is offered to ensure safe capacity.

   

  7                      Participation in the ‘Nitenet’ scheme must be continued.

   

  8                      Participation in the ‘Block Exclusion System’ operated by the Devon and Cornwall Police Constabulary must be continued.

   

  9                      Staff shall be trained to ensure a reasonable approach to alcohol sales.

   

  10                  ‘Heavily Discounted’ drink promotions are prohibited.

   

  11                  A Zero Tolerance policy on illicit drugs must be observed.

   

  12                  Additional patrons must not be admitted after 1.00am.

   

  Public Safety

   

  13                  A safe capacity must be adhered to.

   

  14                  Reasonable disabled facilities shall be available.

   

  15                  Staff must be adequately trained.

   

  16                  Fire exits must be clear at all times.

   

  The Prevention of Public Nuisances

   

  17                  Air conditioning must be provided.

   

  18                  Must prevent disturbances by the arrival and departure of patrons.

   

  19                  Staff must leave premises quietly.

   

  20                  All rubbish shall be contained in bins and skips.

   

  21                  Bottles must be disposed of in daylight hours.

   

  The Protection of Children from Harm

   

  22                  Children must not be admitted between 19.00 and 08.00.

   

  23                  Children must only be admitted to the Lower Ground Level.

   

  24                  All children must be accompanied by an adult.

   

  25                  Staff must request official photographic identification to verify a young persons age.

   

  26                  Topless bar staff must be confined to the upstairs bar and shall not be employed before 20.00.

   

  27                  Topless bar staff must not be visible from the street.

   

  28                  Security personnel must prevent the admittance of persons under the age of 18 from 19.00 till closing time.

   

  29                  Security personnel must ensure all persons under the age of 18 have vacated the premises by 19.00.

   

  30                  Warning notices must be displayed to inform partrons of the presence of topless bar staff.

   

  31                  Warning notices must be displayed to inform that no persons under the age of 18 will be admitted.

   

  32                  Images of topless bar staff must not be displayed outside the premises.

   

   

   

   

• Additional Conditions Transferred from the Licence

   

   

  1.              Full CCTV system to operate on both floors, such CCTV system to be maintained and used at all times the premises are open to the public and to include full recording facilities               and a monitor behind both bar serveries on the ground floor and the first fall for viewing by staff.  All recordings to be kept for a minimum of 31 days during which period the Police               shall have access at any reasonable time.

   

  2.              There are to be two licensees for the premises.

   

   

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  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.

   

  (k)              children under the age of fourteen can enter the premises at restricted times only at designated areas, provided that they are entering to eat and are accompanied by an adult.

   

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

   

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  General

   

  1.              There must be Security Industry Authority (SIA) trained stewards at a ratio of no less than 1:75.

   

  The Prevention of Crime and Disorder

   

  1.              A CCTV system of an evidential standard must be installed to the satisfication of the police, and the system to be in operation at all times the premises are open to the public.  All recordings from that system to be kept for a period of 31 days and the polie to have access to recordings at any reasonable time.

   

  2.              On every occasion that the premises sells alcohol after midnight and then closes after 12.30am, SIA door staff must be employed from 9.00pm until closing.

   

  3.              On every occasion that the premises extends its hours of operation for the sale of alcohol after midnight, then for the whole of that operational day all drinks to be served in toughened or strenghtened glasses and no alcohol to be served in glass bottles from which it is intended or likely that a person shall drink.

   

  4.              Premises must join and maintain membership of the Nitenet Radio Communications Scheme.

   

  5.              There must be no entry or re-entry to premises after 1am.

   

  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 11pm.  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 11pm - Noise emanating from the premises shall not be clearly distinguishable               above other noise.

                (ii)              After 11pm - 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.              Doors and windows to be shut at 23.00hrs, to reduce noise break out.  A management scheme shall be in place to ensure this situation remains.

   

  3.              A noise limitation device shall be in operation controlling the system to which all amplification equipment is fitted.  This device shall be regularly maintained to ensure that the noise produced within the premises shall not be audible within any residential premises in the vicinity.

   

  4.              A senior member of staff (manager) shall assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment to ensure levels of noise have not increased.

   

   

   

   

   

   

   

   

   

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  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

   

Premises Plans

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