Harvester Flagship

The Green, Esplanade Road, Paignton, Devon, TQ4 6AG

Completed application 009804 which is a Transfer Application for Premises Licence from 29/06/2006 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol
• a performance of live music
• any playing of recorded music
• 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 facilities for 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.

   

   

  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

   

   

• Additional Conditions transferred from Full On Licence

   

  1.              Substantial food shall be available to customers throughout licensing hours.

   

  2.              Access to the first floor terrace is to be by lift only and the external staircase is to be used as an emergency exit only.

   

  3.              There shall be no off sales beyond the curtilage of the licensed premises marked on the first floor terrace.  The consumption of alcohol on the ground floor shall be limited to the               licensed area.

   

•  

  Restrictions transferred from the On Licence

   

  The restrictions related to permitted hours do not prohibit:

   

  (a)               consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
   

  (b)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
   

  (c)               the sale of alcohol to a trader or club for the purpose of the trade or club.
   

  (d)               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;
   

  (e)               the taking of alcohol from the premises by a person residing there; or
   

  (f)               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
   

  (g)               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.

   

• General

   

  1.              Non-alcoholic refreshment shall be available in the extended period between the cessation of the supply of alcohol and the closure of the premises.

   

  2.              The premises shall respect Spirit Group's Approach to Responsible Drinking.

   

  The Prevention of Crime and Disorder

   

  1.              When door staff are used they shall be Security Industry Authority (SIA) approved and operate in accordance with the security industry guidelines.

   

  2.              A zero tolerance towards illegal drugs shall be enforced at all times.

   

  3.              If a disc jockey is used on any night then he/she shall ask customers to leave quietly.

   

  4.              If a CCTV system is installed at this site, it shall continue to operate during the additional hours of trading and notices shall be displayed.

   

  5.              All instances of crime and disorder shall be reported to the police and shall be kept in an incident log book.

   

  Public Safety

   

  1.              Public safety shall be reviewed regularly through the health and safety policy.  This policy shall be fully briefed and trained to all management and staff and shall continue to train staff to the standards required by relevent legislation.

   

  2.              Free drinking water shall be available at all times.

   

  The Prevention of Public Nuisance

   

  1.              Additional patrols shall take place by members of staff, internally and externally, to limit any noise pollution when entertainment is being offered within the premises.

   

  2.              If appropriate, notices shall be displayed asking the customers to respect the neighbours when leaving the premises.

   

  3.              Where already used text/radio pagers shall continue to be used for the additional hours of trading and shall be monitored by a responsible member of staff.

   

  4.              Soft drinks and non-alcoholic refreshment shall be available if the premises stay open for an extended period between the cessation of the supply of alcohol and the closure of the premises.

   

  The Protection of Children From Harm

   

  1.              When children are allowed upon the premises, any entertainment offered within the premises shall be suitable for young persons.

   

  2.              Children shall be required to be supervised by the accompanying adult at all times.

   

  3.              A no smoking area shall be provided.

   

  4.              Soft drinks and non-alcoholic drinks shall be available.

   

  5.              A recognised Proof of Age Policy shall be enforced.

   

   

•  

  ANNEXE 3

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

• The Prevention of Crime and Disorder

   

  1                      A CCTV system of an evidential standard shall 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 to be kept for a period of 31 days and the police to have access to recordings at any reasonable time.

   

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

   

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

   

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

   

  5                      There shall be no entry or re-entry to the premises after 1.00am.

   

   

  Public Safety

   

  1.              If there is a requirement placed upon a Premises Licence for Security Industru Authority (SIA) Trained Stewards, then the ratio of stewards to customers on the premises shall be no less than 1:75.

   

   

  The Prevention of Public Nuisance

   

  6                      Noise from the premises shall not emanate from the premises such as to cause persons in the neighbourood to be unreasonbly disturbed.  Noise should not be audible within any noise sensitive premises with windows open for normal ventilation especially after 11pm. The criteria applied, from boundary to nearest residential property 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 (i.e. semi’s and terraced properties), to make further                                           assessments from within the residential property.

   

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

   

   

•  

  ANNEXE 4

   

  PLANS

   

  Copy attached to Licence.

   

   

•  

  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.

   

Premises Plans

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