Park Lane

1 Torwood Street, Torquay, Devon, TQ1 1ED

Completed application 041742 which is a Internal Amendment/Variation for Premises Licence from 17/09/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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

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.

   

  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.              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.
   

  2.              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.
   

  3.              On every operational day when SIA door stewards are required, then those stewards who are employed for front of house duties must wear yellow high viability jackets for the entirety of their duty.

   

  4.              From 2300 hours 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.              Patrons leaving the premises for all purposes between 0000 hours on Saturday nights until 0200 hours on Sunday mornings will not be permitted back into the premises without paying an entrance fee.

   

  7.              There must be no entry/re-entry after 0200 hours.
   

  8.              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.

   

  9.              From 2300 hours all drinks must be served in toughened/strengthened glasses or polycarbonate/plastic vessels and no drinks will be served in glass bottles from which it is intended or likely that a person shall drink.  All glasses are stamped in accordance with Weights and Measures Legislation.

   

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

   

  11.              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.
   

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

  13.              The DPS or member of the management team shall attend at least two Torquay Forum Meetings per calendar year, and any other meetings organised by the Police in relation to high risk events.
   

  14.              The Licensees shall work with the Local Authority and support any seasonal and other advertising campaigns.

   

  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 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.
   

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

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

   

  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.              Delivery of kegs, bottles, food and other materials shall be carried out between the hours of 0930 hours and 1730 hours weekdays.

   

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

   

  9.              Background music on the roof terrace area must cease at 0200 hours and shall switch off automatically.

   

  10.              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.
   

  11.              Signage must be displayed in the roof terrace area to remind patrons to keep noise to a minimum, warning customers who are excessively noisy or disorderly that they will be removed from that area and potentially the Premises.
  

  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 2000 hours until such time that the noise nuisance can be identified and the necessary remedial work can carried out.

   

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

   

  3.              The premises shall undertake to maintain a safe occupancy level.
   

  4.              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.
   

  5.              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.
   

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

   

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

  8.              No pyrotechnics shall be used on the premises.
   

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

   

  The Protection of Children from Harm

   

  1.              No persons under the age of 18 shall be employed in connection with the sale of alcohol after 2300 hours.

   

  2.              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.
   

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

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

  5.              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.
   

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

  6.1              These events shall finish no later than 2300 hours, after which there will be a 30 minute period before re-opening to over 18’s.
   

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

  6.3              SIA door stewards must be employed throughout the event, which shall include at least one female steward.  All stewards shall have undergone Disclosure & Barring Service check.

   

  6.4              All promotional material relating to alcohol shall be removed.

   

  6.5              All alcohol shall be locked and or obscured from view.
   

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

  6.7              Any person refusing to be searched shall be refused entry.
   

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

  6.9              Foreign student events shall be restricted to foreign students only.
   

  6.10              Throughout under18 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 any Wednesday, Friday, Saturday and Sunday nights SIA door stewards shall be employed from 2200 hours until closing time at a ratio of 2 stewards for the first 100 patrons, and thereafter 1 additional steward for each 100 patrons. This condition shall also apply to Christmas Eve and New Years Eve when they do not fall on a Wednesday, Friday, Saturday or Sunday.  On all other occasions the Premises Licence Holder shall risk assess the need for door stewards and employ these as such numbers and at such times determined by that risk assessment.

   

  2.              SIA door steward, when on duty, must wear distinctive dress.

   

  3.              Nominated SIA door stewards and members of management must carry effective two way radios with earpieces and used at all times after 2200 hours.  This equipment is kept in good working order.

   

  4.              Subject to condition 1 above, on every occasion that the premises sells alcohol after midnight and then closes after 0030 hours, SIA door stewards shall be employed at the premises from 2200 hours until closing.

   

  5.              At all times that SIA door stewards are employed at the premises after 2200 hours, an SIA door steward shall be positioned at the entrance to the premises.

   

  6.              At all times that the roof terrace area is open, regular checks are to be made by staff and after 2200 hours, an SIA 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.

   

  7.              The premises will maintain membership and actively participate in the Nitenet Radio Scheme, with the radio being in the possession of either the Head SIA Door Steward (when SIA door stewards are employed on the premises) or the Duty Manager.

   

  8.              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.

   

  9.              In relation to the consumption of food and drink (alcoholic and non-alcoholic) on the ground floor terrace, there shall be no consumption after 0200 on Friday and Saturday and after 0000 Sunday to Thursday.

   

  10.              All bar staff will be trained in relation to their responsibilities in relation to the Licensing Act in respect of the sale/supply of alcohol.  After 2200 hours at least one manager who holds a personal licence shall be on the premises whilst open to the public.

   

  The 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.              All regulated entertainment shall be played through a noise limiter which is set at a level as agreed with the local responsible authority for public nuisance. The noise limiter shall be made tamper proof and any adjustments to sound levels shall only be made in consultation with the responsible authority for public nuisance.
   

  4.              The level of amplified music shall be reduced automatically by 1/3 of the agreed level set by the noise limiter at 0300 hours until closing.
   

  5.              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 levels are reduced immediately.
   

  6.              No changes that increase the level of volume 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.
   

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

  8.              Lobbies 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.
   

  9.              Where any proposed structural changes are made to the premises, agreement must be reached with the Environmental Health Department that these works will not increase noise breakout before the works are commenced.
   

  10.              From 2300 hours until the premises closes, SIA door stewards 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 premises.
   

  11.              SIA door stewards positioned at the exits shall take all reasonable steps to ensure that patrons leave the premises in a quiet respectful manner and do not congregate outside the premises.

   

  12.              The placing of refuge such as bottles in to 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 2200 hours.

   

  13.              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.

   

  14.              The roof terrace will close at:
  
  Sundays - midnight, except on Sundays of Bank Holiday Weekends when the terrace will close at 0300 hours on the Monday morning.
  
  Mondays and Tuesdays - midnight.
  
  Wednesdays - the terrace will close at 0200 hours on the following day (i.e. Thursday).

   

                Thursdays - midnight.
  
  Fridays and Saturdays - the terrace will close at 0300 hours on the following days (i.e. Saturday and Sunday mornings).
   

  15.              Other than recorded background music, no live or amplified music shall be permitted on the roof terrace area at any time.
   

  16.              The volume of background music played on the roof terrace area must be set and maintained at a level that is agreed by a Torbay Council Environmental Health Officer.

   

  17.              After 2300 hours, the number of patrons permitted to use the roof terrace area shall be limited to a maximum of 80 patrons at any one time.
   

  18.              Patrons shall not be permitted to take drinks onto the roof terrace area after 2300 hours.

   

  19.              All patrons consuming drinks on the roof terrace area must cease doing so at 2300 hours and arrangements must be in place by the Premises Licence Holder for all glasses to be cleared from that area at 2300 hours. Those patrons wishing to continue drinking must be advised to do so inside the Premises.

   

  20.                            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.
   

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

   

  The Protection of Children from Harm

   

  1.              Persons under the age of 18 shall be required to vacate the premises by 2200 hours, unless they are attending an under 18 event.

   

• ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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