Torbay CouncilLicensing & Public Protection

Orange Tree

14 & 16 Parkhill Road, Torquay, Devon, TQ1 2AL

Open application 073753 which is a Variation Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol
• any playing of recorded music

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 DPS will maintain active personal oversight of day-to-day alcohol sales and enforce all licensing conditons.

   

  The prevention of crime and disorder

   

  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.

         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 least every 6 months. 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.

   

  2.              An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details:

   

         Any incidents of disorder or of a violent or anti-social nature

         All crimes reported to the venue, or by the venue to the police

         All ejections of patrons

         Any complaints received

         Any faults in the CCTV system

         Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.

   

                Records must be completed within 24 hours of any incident, and will contain the time and date, the nature of the incident, the people involved,  the action taken. and details of the person responsible for the management of the premises at the time of the incident. The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.

   

  3.              Open containers of alcohol shall not be removed from the premises, except for consumption in any delineated external area as shown on the plan attached to the licence.

   

  4.              Outside area will be open to the public from 10am daily and will close at 10.30pm Sunday- Thursday with no drinks allowed after 10pm  and till 11.30pm Friday & Saturday with no drinks allowed afer 11pm.

   

  5.              There shall be no consumption of beverages outside the premises licensed area.

   

  6.              Clear and legible signage must be prominently displayed in the outside area specifying that no drinks are to be taken into this area after 10pm /11pm hours.

   

  7.              Customers will not be permitted to remove from the premises any drinks supplied by the premises (alcoholic or otherwise) in open containers.

   

  8.              A written drugs policy shall be in place and operated at the premises. It must detail the actions taken to minimise the opportunity to use or supply illegal substances within the premises. The policy must be made available for inspection and copying upon request by an authorised officer of a responsible authority.

   

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

   

         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.

         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.

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

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

         All recordings will be stored for a minimum period of 28 days with date and time stamping.

         Viewable copies of recordings will be provided on request to the Police and local authority officers as soon as is reasonably practicable.

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

         A staff member from the premises who is conversant with the operation of the CCTV system shall be contactable and able to provide an authorised officer of a responsible authority copies of recent CCTV images or data with the absolute minimum of delay when requested (in ccordance with the Data Protection Act 1998 or any replacement legislation).

   

  Public safety

   

  1.              In the absence of adequate daylight, artificial lighting in any area accessible to the public shall be fully operational whilst the public are present.

   

  2.              All drinks shall be served in toughened glass or polycarbonate containers.

   

  The prevention of public nuisance

   

  1.              Clear and legible notices shall be prominently displayed at all exits requesting patrons to respect the needs of local residents and businesses and to leave the vicinity as quickly and quietly as possible.

   

  2.              When issues are identified approaches will be made to patrons, who will be asked not to stand around talking in the street outside  the premises and asked to leave the vicinity as quickly and quietly as possible.

   

  3.              Clear and legible notices shall be prominently displayed at the entrances to the premises advising that if patrons cause any disturbance or disorder admission will be refused as a result.

   

  4.              The handling of kegs, bottles, cleaning equipment, bottle disposal and similar items shall not take place before 8am hours or after 8pm hours.

   

  5.              No deliveries (in relation to licensable activities) to the premises shall take place between 8am hours and 6pm hours.

   

  6.              Noise from the premises shall not be audible within any dwelling with windows open for normal ventilation especially after 2300 hours. 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 2300 hours - Noise emanating from the premises shall not be clearly distinguishable above other noise.

                ii) After 2300 hours - 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.

   

  7.              All external doors and windows shall be kept shut at all times when the premises are open/during regulated entertainment.  Doors may be opened for normal entrance and egress of people but must be shut immediately after.

   

  The protection of children from harm

   

  1.              The premises shall operate a Challenge 25 Policy and any individual who appears to be under the age of 25 will be required to produce an approved form of photographic identification i.e

   

         A photo driving licence

         A passport

         An identification card carrying the PASS hologram

   

                Unless such identification is produced the sale of alcohol must be refused.

   

  2.              The premises shall display prominent signage indicating that a Challenge 25 scheme is in operation.

   

  3.              No person under the age of 18 years of age is permitted to enter or remain on the licensed premises when alcohol is being sold or supplied.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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