Winstons

Station Square, Paignton, Devon, TQ4 5DS

Completed application 046300 which is a Minor Variation Application for Premises Licence from 09/02/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• any playing of recorded music
• an exhibition of a film
• a performance of live music
• a performance of dance
• 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.

   

  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

   

  General

   

  See Annexe 1.

   

  The Prevention of Crime and Disorder

   

  1.              There shall be no entry to anyone who appears to be excessively intoxicated and the premises shall operate a breathalyser scheme.

   

  2.              Persons on leaving the Premises and using adjacent car parks and highways must be reminded to conduct themselves in an orderly manner and do not in any way cause annoyance to residents or persons passing by.  This shall be done with the use of signage and staff asking them politely to be as quiet as is possible

   

  3.              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.

   

  4.              On any night when the premises are closing after midnight door supervisor/stewards must be provided on the premises from 10pm at a ratio of 1:100  based on occupancy.

   

  5.              From 10pm all drinks must be served in shatterproof glasses and no alcohol is to be served in glass bottles from which it is intended or likely that a person shall drink.

   

  6.              Regular glass and bottle collection must be undertaken throughout the premises.

   

  7.              On every operational day when door supervision is required from 10pm then those door stewards employed on front of house duties shall wear high visibility reflective jackets for the entirety of their duty.

   

  8.              The premises shall become a member of the Torbay Licensing Forum and a representative shall attend at least 2 meetings a year.

   

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

   

  Public Safety

   

  1.              Facilities and equipment suitable for the number of patrons and the type of event undertaken shall be provided to enable first-aid treatment to be given promptly in the event of injury to patrons or staff.

   

  2.              The seating must at all times ensure free unobstructed access to all exit doors.

   

  3.              The air management system within the premises must  be used during entertainment.  The system must be regularly maintained.

   

  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.  In general terms, noise from the premises should not be audible within any noise sensitive premises (e.g. 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 and

                The local authority shall reserve the right in cases of tonal noise and where premises are attached to others (i.e. semis and terraced properties) to make further assessments from within the residential property.

   

  2.              Doors and windows shall be kept shut during entertainment to reduce noise breakout.  A management scheme shall be in place to ensure this situation remains.

   

  3.              Staff shall check prior to entertainment, and periodically during the entertainment, that all windows and doors are shut.

   

  4.              A senior member of staff must 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.              The volume of amplified sound used in connection with the entertainment provided shall be at all times be under the control of the Management and the controlling mechanism shall be operated from a part of the premises not accessible to the public.

   

  6.              For any amplified live music beyond the hour of 01.00 hours, a noise limitation device must be installed to control the system to which all amplification equipment is fitted.  This device shall be regularly maintained to ensure that the noise produced within the premises shall not be audible within any residential premises within the vicinity.

   

  7.              The management 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.              Bottle bins shall not  be emptied between the hours of 23:00 and 07:00 Monday to Sunday.

   

  9.              Door staff shall be positioned at exits, particularly at closing times to ensure noise from patrons leaving the premises is minimised.

   

  10.              The mechanical ventilation must not allow noise breakout from the premises or cause a nuisance by its operation.

   

  11.              Flashing or particularly bright lights on or outside the premises shall be positioned and screened in such a way so as to not cause a disturbance to nearby properties.

   

  The Protection of Children from Harm

   

  1.              Children below the age of 18 shall be excluded from the premises after 10pm.

   

  2              The premises shall operate the Challenge 25 scheme and any person who appears to be under the age of 25 shall be asked to produce photgraphic identification in the form of a passport or driving licence.

   

  3.              Staff selling alcohol shall receive regular training in relation to underage sales.

   

  4.              The admission of children to an exhibition of films shall be restricted in accordance by the following sub-sections.

  i.              Where the film classification body is specified in the licence, unless sub-paragraph ii(a) applied, admission of children must be restricted in accordance with any recommendation made by that body.

                ii.              Where:-

                              a.  the film classification body is not specified in the licence or

                b.  the relevant licensing authority has notified the holder of the licence that this sub-section applies to the film in question admission of children must be restricted in accordance with any recommendation made by that licensing authority.

                iii.              In this condition

                              a.  "Children" means persons aged under 18 and

                b.  "Film classification body" means the person or person designated as the authority under s.4 of the Video Recordings Act 1984 (c.39) (Authority to Determine Suitability of Video Works for Classification).

   

• ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Prevention of Crime & Disorder

   

  1.              No more than 16 customers shall be permitted in the designated smoking area at any time after 18:00 (6.00 p.m.)

   

  2.              No drinks of any description shall be consumed in the designated smoking area after 22:00pm

   

  3.              Tables will be removed from the designated smoking area after 22:00pm.

   

• ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

Premises Plans

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