Chelston Manor Hotel

Old Mill Road, Chelston, Torquay, Devon, TQ2 6HW

Open application 074174 which is a Transfer Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the sale by retail of alcohol
• 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 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 maximum number of persons to be permitted within the Function Room shall be 80 and within the Stable Bar 80.

   

  2.              As far as is practical, that persons on or leaving the Premises and using adjacent car parks and highways shall be reminded to conduct themselves in an orderly manner and shall not in any way cause annoyance to residents or persons passing by.

   

  3.              A register of all staff, including door supervisors, who are working at the premises whilst the public is present, shall be maintained.  Any person employed or engaged on the premises in a security activity such as the vetting of customers and/or the maintenance of public order at either any entrance to the premises or any part within shall hold the appropriate Security Industry Authority accreditation.

   

  4.              CCTV shall operate covering the inside and outside of the premises.  CCTV recordings shall be retained for a minimum of 14 days and shall be made available to the Police if so requested.

   

  5.              A written drugs policy must be in force at the premises with the objective of securing, as far as reasonably practicable, the safety of patrons and others attending the premises.

   

  6.              To prevent the sale of alcohol to persons under the age of 18 years suitable written proof of age must be supplied from young people attempting to purchase alcohol, in accordance with documents specified by Torbay Council's 'Statement of Licensing Policy'.

   

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

   

  8.              Regular glass and bottle collection shall be undertaken throughout the premises.

   

  9.              Only plastic glasses or bottles shall be permitted to be taken into children's play areas and recreational areas.

   

  10.              Cigarette machines must be under the supervision of the management.  Cigarettes must not be sold to anyone under 16.  A notice shall be displayed to this effect.

   

  Public safety

   

  1.              A log book shall be kept upon the premises in which shall be entered particulars of inspections made.  The log book shall be kept available and produced for inspection when required by persons authorised by the Licensing Act 2003 or associated legislation.

   

  2.              Emergency access shall be available.

   

  3.              All parts of the premises and all fittings and apparatus therein door fastenings and notices and the seating, lighting, heating, electrical , ventilation, sanitary accommodation, washing facilities and other installations, shall be maintained at all times in good order and in a safe condition.

   

  4.              Suitable and sufficient lighting shall be provided to the toilets.

   

  5.              Provision shall be made for the collection and disposal of sanitary towels.

   

  6.              Suitable and sufficient ventilation shall be provided to the toilets for mechanical ventilation, this should provide a minimum of 3 air changes per hour.  For natural ventilation the openable window space shall be a minimum of 1/20th of the floor area.

   

  7.              Where glazing forms part of the windows, walls or partitions below waist height it shall be constructed on safety materials which meets BS6206.

   

  8.              Where glazing forms part of a door or side panel at below shoulder height it shall be constructed of safety materials.

   

  9.              All children’s play equipment shall be serviced as per the manufacturer’s recommendations.

   

  10.              Where the licence permits the provision of dancing, a suitable and clearly identifiable single area shall be available for this purpose.  The minimum area to be set aside shall be four square metres where the License permits a maximum capacity of between 1 and 99 people.  Six square metres where the License permits a maximum capacity between 100 and 199 people and nine square metres where the License permits a maximum capacity of over 200.

   

  11.              An area separate from the main dance area shall be available with adequate seating, suitable means of providing cool air and so far as is practicable, respite from high levels of noise is provided.

   

  12.              At least one qualified first aider shall be present on the premises during the whole time the premises are made available for regulated entertainment.

   

  13.              The date on which any staff have obtained first aid qualifications or received refresher training shall be recorded and kept within a log book.

   

  14.              A responsible member of staff shall be designated to take charge of a situation, call an ambulance and administer first aid in the event of any patron or member of staff becoming badly injured or being taken seriously ill whilst on the premises.

   

  15.              In the event of any accident causing injury to any person or property within the Premises, the Licensee shall within 48 hours report the same to the Licensing Authority and shall supply any particulars in respect thereof as the Licensing Authority may require.

   

  16.              The premises shall provide a number of exits to the satisfaction of the Fire Service each clearly indicated by a pictogram symbol or a combination of text and pictogram in accordance with either the BS5499 or the Safety Signs and Signal Regulations 1996.  The signs shall be illuminated by both mains and secondary lighting and conform to the relevant Code of Practice.

   

  17.              All doors shall be required as means of escape in case of fire and shall open in the line of egress or where this is not possible be securely fastened in the open position at all times when the public are present on the premises.  Any doors that have been permitted by the Council to open inwards shall be locked in the open position when the licence is in force and the public is on the premises.  The key shall be removed to a safe place not accessible to members of the public.

   

  18.              Before the public are admitted to the premises, the management shall inspect or cause to be inspected all doors, exits and exit ways to ensure that they are free of obstruction, adequately lighted and that all fastenings and bolts are in proper working order.

   

  19.              Exit routes shall be maintained free from obstruction at all times, and in particular, no provision for hanging clothing or storing any article shall be made in corridors, passageways, gangways or exit ways.

   

  20.              All doors and fastening shall at all times be kept in proper working order.  Gangways, exit routes and steps shall be maintained in good order with non-slippery and even surfaces.

   

  21.              All floors, stairs and steps shall be maintained with non-slippery and even surfaces and any floor covering shall be so secured and maintained that it shall not ruck or be in any way a source of danger.  Mats shall be sunk so as to be flush with the surface of the floor.  The edges of the steps and treads of stairs used by the public shall be kept in good repair and shall be conspicuously marked.  Changes of height must be marked with contrasting colour to draw attention to them, particularly in area with low lighting levels and on busy traffic routes.

   

  22.              All floors, carpets and upholstery throughout the premises shall be thoroughly cleaned at frequent intervals.

   

  23.              All staircases and landings used by the public shall have a continuous and uninterrupted handrail to both sides.

   

  24.              The seating shall at all times ensure free unobstructed access to all exit doors.

   

  25              An inspection of the whole of the electrical installation in the premises shall be conducted at least once in each three year period.  Such inspection shall be carried out by a competent electrician who shall be required to issue a Certificate of Fitness, which shall be produced, to authorised officer on demand.

   

  26.              A Certificate of Fitness for all temporary electrical installations shall be obtained, including all electrical appliances in the auditorium.  A copy of each certificate shall be available on the Premises, while the installation and it shall be produced to the Council as required.  Such installation shall only be carried out by a competent person and be intrinsically safe.

   

  27.              The Gas System including appliances shall be inspected and tested by a CORGI registered gas engineer annually and a satisfactory Gas Safety Certificate shall be obtained.  Only CORGI registered contractor can work on gas appliances.

   

  28.              All parts of the premises shall be adequately illuminated and those portions to which the public has access and all routes of escape for performers and staff shall be provided with adequate means of illumination from two independent sources.

   

  29.              The emergency lighting shall be maintained in working order and capable of use (except in such parts as are for the time being adequately lit by daylight) such that it is adequate to enable the public to see their way out of the Premises and clear of the building.

   

  30.              In the event of failure of the general lighting, the public shall be required to leave the Premises forthwith.

   

  31.              All lighting to exit notices shall be maintained in good repair and shall not in any circumstances be extinguished or dimmed while the public are on the premises.

   

  32.              Space heating apparatus and hot water boilers must be examined and tested and be in a safe working condition.  They shall be annually tested by a recognised insurance company.

   

  33.              No portable heating appliances of any description shall be used in the premises while the public is present.

   

  34.              A competent person trained in the handling and use of the fire equipment provided shall be in charge of such equipment during the whole time that the public is on the Premises.  The person so in charge shall not be assigned or allowed to perform any duties which shall prevent him or her from being immediately available at all times.

   

  35.              Immediately a fire is discovered or suspected, the Fire Brigade shall be called immediately by dialing 999.  Any outbreak of fire, however small, shall be recorded in a logbook.

   

  36.              All fire doors shall be maintained effectively self-closing and shall not be held open other than by approved devices such as electromagnetic releases operated by smoke detectors.

   

  The prevention of public nuisance

   

  1.              Noise or vibration shall not emanate from the Premises such as to cause persons in the neighborhood 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.              Noise levels within the premises resulting from the operation of any musical instrument of amplified equipment shall be regulated so as to protect the hearing of any employee therein accordance with current standards.

   

  4.              Prominent, clear and legible notices shall be displayed at all exits requesting the public to respect the needs of local residents and to leave the premises quietly.

   

  5.              The placing of refuse, such as bottles, into receptacles outside the premises takes places at times that shall prevent disturbance to nearby properties.

   

  6.              Deliveries of kegs, bottles, food or other materials necessary for the operation of the business shall be carried out at such a time or in such a manner as to prevent nuisance and disturbance to nearby residents.

   

  7.              The Licensee shall ensure that staff who arrive early morning or depart late at night when the business has ceased trading conduct themselves in such a manner to avoid causing disturbance to nearby residents.

   

  8.              A specific taxi operator has been nominated for staff and customers use.  The company’s telephone number is advertised to customers.  The operator, and all drivers, are aware that they should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily.  In addiction, they shall leave as quietly as possible, particularly at night and early in the morning.

   

  9.              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 course a nuisance particularly outside buildings.

   

  10.              The movement of bins and rubbish outside the premises shall be kept to a minimum after 23.00 hours.  This shall help to reduce the levels of noise produced by the premises.

   

  11.              The premises shall remain open for at least half an hour after alcohol is served, during which time patrons shall be dispersed gradually.

   

  The protection of children from harm

   

  1.              To prevent the sale of alcohol to persons under the age of 18 years suitable written proof of age from young people attempting to purchase alcohol must be obtained, in accordance with documents specified by Torbay Council's 'Statement of Licensing Policy'.

   

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

   

  3.              Only plastic glasses or bottles shall be permitted to be taken into children's play areas, and recreational areas.  Due to the vulnerability of children and the activities which take place in these areas glasses must be kept out.

   

  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.

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

• - Page 1 of 1