Park Lane

1 Torwood Street, Torquay, Devon, TQ1 1ED

Completed application 034746 which is a Variation Application for Premises Licence from 17/07/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• entertainment facilities for dancing
• provision of late night refreshment
• the sale by retail of alcohol
• a performance of dance
• 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 of a similar description to that falling within entertainment facilities for making music or dancing

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.

   

   

   

•  

  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.

   

•  

  ANNEXE 2

   

  CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

• Prevention of Crime and Disorder

   

   

  1.

  Warning notices shall also be placed at the entrance door indicating conditions of entry including regular identification checks, random searches and the use of metal detectors.

   

  2.

  The Licensees shall carry on working with the local authority and support any seasonal and other advertising campaigns.

   

  3.

  The number of persons admitted to the premises on any one occasion shall not exceed a safe occupancy. This is in agreement with the responsible authorities notably Devon Fire and Rescue and the Health and Safety team.

   

  4.

  Persons leaving the premises shall be reminded to conduct themselves in an orderly manner and not cause annoyance to other members of the public or nearby residents.

   

  5.

  A CCTV System must cover both inside and outside the premises in positions agreed with the Council and Police. All cameras are recorded to a high standard and kept for a minimum of 14 days and shall be made available to the police on demand.

   

  6.

  All the door staff must be Security Industry Authority licensed.

   

  7.

  Each accredited door steward when on duty must wear distinctive dress, are all over the age of 18 and are trained to vet customers and keep public order.

   

  8.

  A Night Net Radio must also be held at the Head Door Steward at the entrance and all instances of crime and disorder shall be reported to the police.

   

  9.

  There must be a zero tolerance with drugs and have a drugs policy in force on the premises, with the objective of securing, as far as reasonably practical, the safety of others attending the premises.

   

  10.

  A secure drug deposit bag approved by Devon & Cornwall Police shall be located on the premises for the safe storage of any drugs found or seized.

   

  11.

  There must be provision of toughened safety glasses and plastic bottles. All glasses are stamped in accordance with Weights and Measures Legislation. No drinks, whether in glasses or bottles must be removed from the premises.

   

  12.

  All the staff must be fully trained and at least one competent manager shall be on the premises whilst open to the public. All bar staff will be suitably trained to prevent the sale of alcohol to under 18's.

   

  13.

  Adequate glass and bottle collection shall be undertaken throughout the premises.

   

  14.

  Premises must join and maintain membership of the Torquay Night Time Economy Forum attending at least 2 meetings in each calendar year.

   

  15.

  There must be no entry or re-entry after 2am.

   

  16.

  A CCTV system of an evidential standard must be installed to the satisfaction 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 must be kept for a period of 14 days and the police to have access to recordings at any reasonable time.

   

  17.

  Every door steward and member of management must carry effective two way radios with earpieces. This equipment is kept in good working order and is used at all times when the premises are open to the public.

   

  18.

  At all times after 23.00 when the premises are open for licensable activities, an SIA registered door supervisor shall be employed at the entrance to the area to ensure compliance with the preceding restriction and to ensure that no unauthorized entrance to the premises takes place via the area.

   

  19.

  Consumption of alcohol on the ground floor terrace shall be by persons seated, no alcohol shall be served in glass bottles within those areas from which it is intended or likely that a person shall drink.

   

   

  The Promotion of Public Safety

   

  1.

  The fire safety measures with which the premises are provided shall be maintained in good working order, and their adequacy shall be determined on a regular basis, by the carrying out of a fire risk assessment as required by and in accordance with the Fire Precautions Regulations.

   

  2.

  The premises shall undertake to maintain a safe occupancy level.

   

  3.

  A log book shall be kept upon the premises in which shall be entered particulars of inspections made: those required to be made by Statute, and information compiled to comply with any public safety condition attached to the premises licence that required the recording of such information. The log book shall be kept available and produced for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.

   

  4.

  Adequate access must be provided for emergency vehicles.

   

  5.

  Where crowd management measures are needed all reasonable steps shall be taken to ensure that such persons do not obstruct exits, yards, passageways, stairways and ramps and that portable barriers shall be provided to prevent crushing and keep queues in an orderly fashion.

   

  6.

  Suitable and clearly identifiable areas for dancing must be set aside, and separate from the dance area suitable means of providing cool air/ventilation and adequate seating must be provided.

   

  7.

  All fire exits, gangways, escapes, extinguishers, fire points etc shall remain free of obstruction and will be tested and assessed on a regular basis. All exits are fitted with fixed automatic catches. Weekly fire alarm tests and fire certification as required by Fire Authority shall be carried out.

   

  8.

  A Fire Risk Assessment shall be carried out monthly and Risk Assessments shall be carried out regularly.

   

  9.

  Regular testing and certification of appliances and systems shall be carried out, including PAT and Electrical Testing.

   

  10.

  All parts of the premises must be adequately illuminated from two independent sources and in the event of general lighting failure emergency lighting shall be immediately fully illuminated and the public shall be required to leave the premises forthwith.

   

  11.

  In the event of evacuation caused by failure of general lighting, the public shall not be readmitted until the general lighting is fully restored.

   

  12.

  Suitable and sufficient sanitary accommodation must be provided, clearly marked and in good order at all times.

   

  13.

  The implementation of correct disposal of waste must be carried out on the premises at all times.

   

  14.

  There must be provision of sufficient number of people on site to secure the safety of the premises at all times.

   

  15.

  There must be use of toughened glasses and plastic bottles which reduces the risk of harm to the public.

   

  16.

  Air management system within the premises shall be used during entertainment.

   

  17.

  No explosive or highly inflammable material shall be brought into the premises.

   

  18.

  No pyrotechnics shall be used on the premises.

   

  19.

  Smoke machines shall be in a fixed position, protected against interference and manned by a competent operator at all times when in use. Non-toxic, non-flammable smoke shall be used and will be limited to areas where the public are admitted and not obscure exit signs.

   

  20.

  Lasers must not be used on the premises without prior consultation with the Licensing Authority and compliance with HS(G) 95.

   

  21.

  Staff shall be trained in first aid

   

  22.

  The ratio of stewards to customers on the premises shall be no less than 1:100.

   

  Prevention of Public Nuisance

   

  1.

  Noise or vibration shall not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.

   

  2.

  The volume of amplified sound used in connection with the entertainment provided shall at all times be under the control of the Licensee/Management and the controlling mechanism shall be operated from a part of the Premises not accessible to the public.

   

  3.

  Two noise limitation devices shall be installed to control both areas which have amplification equipment fitted. These devices shall be regularly maintained.

   

  4.

  There shall be no use of explosives, pyrotechnics and fireworks of a similar nature which could cause disturbance in surrounding areas.

   

  5.

  The placing of refuse such as bottles into skips outside the premises shall take place at times that will prevent disturbance to nearby properties and the movement of bins and rubbish outside the premises shall be kept to a minimum after 11pm.

   

  6.

  Quieter/Mellower music shall be played towards the end of the evening to encourage calmness and an announcement shall be made prior to closing requesting patrons to leave the premises as quietly and quickly as possible.

   

  8.

  Patrons shall be asked not to stand around talking in the street outside the premises and asked to leave the vicinity quickly and quietly.

   

  9.

  Door staff must be positioned at exits at closing times to ensure noise from patrons leaving is minimized.

   

  10.

  Taxi operators shall be nominated for staff and customer use. The companies telephone numbers shall be advertised to customers.

   

  11.

  The licensee shall ensure that staff leaving the premises after a late night shift will conduct themselves in a manner as not to disturb nearby residents.

   

  12.

  Deliveries of kegs, bottles, food and other materials shall be carried out between the hours of 09.30am - 05.30pm weekdays.

   

  The Protection of Children from Harm

   

  1.

  No persons under the age of 18 shall be employed in connection with the sale of and supply of alcohol.

   

  2.

  All bar staff shall be suitably trained to prevent the sale of alcohol to under 18's.

   

  3.

  Persons under the age of 18 shall be required to vacate the bar by 21.00 hrs unless they are eating in which case they shall be required to vacate the bar by 21.30hrs, or unless they are attending an under 18 event.

   

  4.

  Persons under the age of 18 shall not be allowed into the Nightclub on the first floor at anytime unless attending an under 18 event.

   

  5.

  Suitable food and non-alcoholic beverages shall be available at all times children are allowed on the premises.

   

  Under 18 events may take place to which the following conditions shall apply:

   

   

  1.

  These events shall finish no later than 23.00 hours, after which there will be 30 minute period before reopening to over 18's.

   

  2.

  The police shall be notified in writing or email at least 14 days prior to the event.

   

  3.

  SIA door stewards must be employed throughout the event, which shall include at least one female steward. All stewards shall have undergone a criminal records bureau check.

   

  4.

  All alcohol shall be locked and or obscured from view.

   

  5.

  All gaming machines with prizes and cigarette machines shall be unplugged and locked.

   

  6.

  All promotional material relating to alcohol shall be removed.

   

  7.

  Any person refusing to be searched shall be refused entry.

   

  8.

  Metal detectors shall be used random on entry .

   

  9.

  The event shall be promoted to ages 14 years and above.

   

  10.

  Foreign student events shall be restricted to foreign students only.

   

  11.

  Throughout under 18 events, The DPS or personal licence holder must be present.

   

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

• The Prevention of Crime and Disorder

   

  1.

  On every occasion that the premises sells alcohol after midnight and then closes at 12.30am, SIA door staff shall be employed from 10.00pm until closing.

   

  2.

  All drinks must be served in shatterproof glasses and no alcohol shall be served in glass bottles from which it is intended or likely that a person shall drink.

   

  3.

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

   

  4.

  On every operational day when door supervision is required, then those SIA door supervisors employed in front of house duties must wear YELLOW high visibility jackets for the entirety of their duty.

   

  5.

  In relation to the consumption of food and drink (alcoholic or non-alcoholic) on the ground floor terrace, there shall be no consumption after 2am on Friday and Saturday and after midnight from Sunday to Thursday.

   

  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 must be kept shut during entertainment to reduce noise breakout. A management scheme will be in place to ensure this situation remains.

   

  3.

  Entrances must be provided with lobbies with automatic door-closers. The lobbies shall be in use throughout the time of entertainment.

   

  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.

   

  5.

  Provision of mechanical ventilation and air conditioning system shall not allow noise breakout from the premises or cause a nuisance by its operation.

   

  6.

  Regular maintenance shall be carried out on all plant and machinery to ensure that noise disturbance from such sources is kept to a minimum.

   

  7.

  The variation to the existing premises license shall not be permitted until such time that the levels of noise limiters are set and agreed between the premises license holder or a nominated person by them and the Environmental Health Department so as not to unreasonably disturb nearby residents.

   

  8.

  These levels shall be set and agreed by within 1 month of the application being granted.

   

  9.

  Before any further refurbishment is commenced an evaluation of any noise breakout must be undertaken and a report submitted to the Environmental Health Department. Agreement must be reached with the Environmental Health Department on the works to be undertaken to attenuate noise break out and those works must be implemented to their satisfaction.

   

  10.

  The volume of any regulated entertainment will be under the control of the management at all times. Should monitoring indicate that the volume should be reduced, management shall take steps to ensure that levels are reduced to those agreed in condition 1.

   

  11.

  No changes to the Public Address system shall be made without prior consultation with the local Environmental Health Department; this includes moving of speakers, addition or removal of any equipment and the use of guest acts/DJ's own equipment.

   

  12.

  Patrons of the premises shall be reminded by door staff to leave in a quiet respectful manner and the door staff shall take all reasonable steps to ensure that their patrons leave in a quiet manner.

   

  13.

  Door staff will monitor the area outside their premises and take reasonable steps to ensure that patrons do not congregate outside the premises.

   

  14.

  Announcements shall be made on the Public Address system prior to closing reminding patrons to leave in a quiet respectful manner.

   

  15.

  Cooking, noxious or persistent smells from the premises will not cause a nuisance to nearby properties.

   

  16.

  A management scheme shall be put in place to prevent excessive queuing into the street and particularly into Park Lane.

   

  17.

  From 23.00 on door staff shall monitor the external areas and ensure that patrons behaving in a noisy manner are either asked to leave or asked to return inside the building.

   

  18.

  All regulated music should be played through a noise limiter which is to be set at a reasonable level as agreed with the local responsible authority for public nuisance; this is to be independently calibrated and copies of reports forwarded to the responsible authority for public nuisance within 21 days of any recalibration. It shall be sealed in a tamper proof box and adjustments shall only be made with the written permission of the responsible authority for public nuisance.

   

  19.

  No changes shall be made to the public address system without prior written permission of the responsible authority for public nuisance.

   

   

  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 shall be requested to provide an approved form of identification bearing a photograph.

   

   

   

   

•  

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY FOR THE VARIATION TO ADD A ROOF TERRACE

   

• The Prevention of Crime and Disorder

   

  1.

  No entry or re-entry into the Premises after 02:00 hours.

   

  2.

  Patrons leaving the Premises for all purposes between 22:00 hours on Saturday nights until 02:00 hours on Sunday mornings will not be permitted back into the Premises without paying an entrance fee.

   

  3.

  From the time the Premises open until 21:00, members of staff and SIA door stewards should direct patrons to the roof terrace area if they suspect that the patron(s) is leaving by the main entrance to smoke outside the Premises.

   

  4.

  From 21:00 until the Premises close, members of staff and SIA door stewards shall direct patrons to the roof terrace area if they suspect that the patron(s) is leaving by the main entrance to smoke outside the Premises.

   

  5.

  Notices shall be prominently displayed within all bars of the Premises informing patrons who wish to smoke to use the roof terrace area.

   

  6.

  In respect of the roof terrace area, CCTV cameras shall be installed in this area to the satisfaction of the police and there shall be a monitor situated behind the ground floor bar for viewing by staff.

   

  7.

  At all times that the roof terrace area is open after 21:00 hours, an SIA registered door steward shall be situated in that area. Their duties will include, ensuring that persons using the roof terrace behave in an orderly manner, and that persons shouting, singing or acting in a way that may cause a noise nuisance will be asked to leave the roof terrace area and if necessary, the Premises

   

  The Prevention of Public Nuisance

   

  1.

  No amplified or live music on the roof terrace at any time.

   

  2.

  The volume of background music must be set and maintained at a level that is agreed by a Torbay Council Environmental Health Officer before the roof terrace is open to the public.

   

  3.

  Background music on the roof terrace must cease at 02:00 hours, and be in accordance with that detailed in Annex 3, conditions 7 and 8 of the Premises existing Premises Licence.

   

  4.

  Before the roof terrace area is open to the public, the door leading onto the roof terrace area shall be inspected by an Environmental Health Officer of Torbay Council and where it is deemed necessary by that Officer, an acoustic lobby shall be constructed to the satisfaction of Torbay Council to ensure that potential noise outbreak from the Premises does not occur. Any such lobby shall be constructed before the roof terrace area is open to the public to use.

   

  5.

  Where it has been necessary to construct a lobby as mentioned in point 5 above, that lobby shall be constructed and operated in such a way to ensure that if regulated entertainment is being played inside the premises, only one door shall be opened at any one time to prevent noise breakout. These doors shall be fitted with automatic closers.

   

  6.

  After 23:00 hours numbers of patrons permitted to use the roof terrace area shall be limited to a maximum of 60 patrons at any one time.

   

  7.

  Patrons shall not be permitted to take drinks onto the roof terrace area after 23:00 hours

   

  8.

  All patrons consuming drinks on the roof terrace area must cease doing so at 23:00 hours and arrangements must be in place by the premises licence holder for all glasses to be cleared from that area at 23.00 hours. Those patrons wishing to continue drinking must be advised to do so inside the Premises.

   

  9.

  Patrons who behave in a noisy or disorderly manner on the roof terrace area shall be removed from that area and where appropriate asked to leave the Premises. Details of this noisy or disorderly conduct shall be recorded in a log book and where appropriate, details of the patron(s) causing the noise or disorderly conduct shall be recorded in that log book too.

   

  10.

  Signage must be displayed reminding patrons to keep noise to a minimum and warning customers who are excessively noisy or disorderly will be removed from that area and potentially the Premises.

   

  11.

  The SIA door steward placed on the roof terrace area must as part of their duties ensure and manage customers’ behaviour and take appropriate actions, as required by condition 11.

   

  12.

  If Torbay Council receives a complaint of noise nuisance emanating from the Premises and an Environmental Health Officer of Torbay Council deems noise nuisance to exist and the upholds the complaint, the Premises Licence Holder shall on receiving written confirmation of that complaint from Torbay Council:

   

  a)

  Co-operate with Torbay Council’s Environmental Health Officers and implement remedial measures to the satisfaction of the Environmental Health Officers immediately or as reasonably practicable to do so, as determined by the Environmental Health Officer; and

   

  b)

  Where remedial action cannot be identified and remediated to the satisfaction of the Environmental Health Officer, the roof terrace area shall be closed to all patrons at 20:00 hours until such time that the noise nuisance can be identified and the necessary remedial work can carried out.

   

  13.

  The roof terrace is to have a solid perimeter wall of at least eight feet, with the exception of the Torwood Street elevation where it shall be six feet. The wall is to have a density of at least 10 kilograms per square meter with no gaps.

   

  14.

  Non sound reflective surfaces shall be used on the walls and floor where practically possible.

   

  15.

  The roof terrace will close at:

                24:00 hours on Sunday, but 03:00 hours Bank Holiday Sundays;

                24:00 hours on Monday and Tuesday;

                02:00 hours on Wednesday

                24:00 hours on Thursday

                03:00 hours Friday and Saturday

   

  16.

  The playing of back ground music shall switch off automatically at 02:00 hours.

   

  Public Safety

   

  1.

  All patrons using the roof terrace area shall be seated at all times.

   

• ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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