PRYZM

Barbican Leisure Park, Coxside, Plymouth, Devon, PL4 0LG

Completed application 070451 which is a Change of Supervisor for Premises Licence from 03/01/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a boxing or wrestling entertainment
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment facilities for making music
• entertainment facilities for dancing
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS (PREMISES LICENCE - ON & OFF SALES)

   

  All supplies of alcohol

   

  1. No supply of alcohol may be made under this Premises Licence-

   

  (a)              at a time when there is no Designated Premises Supervisor in respect of     the Premises Licence, or

  (b)              at a time when the Designated Premises Supervisor does not hold a Personal Licence or his 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.

   

  Irresponsible drinks promotions

   

  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).

   

  3. The responsible person must ensure that free potable water is provided on request    to customers where it is reasonably available.

   

  Age verification policy

   

  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.

   

  Alcoholic drink measures

   

  1. 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.

   

  Permitted price

   

  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 this condition -

   

  (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 a premises licence -

   

  (i)   the holder of the premises licence,

  (ii)  the designated premises supervisor (if any)

  (iii) the personal licence holder who makes or authorises a supply of alcohol;

   

  (d) “relevant person” means, in relation to 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 this 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 (b) below 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.

   

  Exhibition of films

   

  (1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

   

  (2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

   

  (3) 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 subsection applies to the film in question,

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  (4) In this section-

  "children" means persons aged under 18; and

  "film classification body" means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

  Plays

   

  (1) In relation to a premises licence, which authorises the performance of plays, no condition may be attached to the licence as to the nature of the plays, which may be performed, or the manner of performing plays, under the licence.

   

  (2) But subsection (1) does not prevent a licensing authority imposing, in accordance with section 18(2)(a) or (3)(b), 35(3)(b) or 52(3), any condition which it considers necessary on the grounds of public safety.

   

  Door supervision

   

  (1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.

   

  (2) But nothing in subsection (1) requires such a condition to be imposed-

  (a) 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), or

  (b) in respect of premises in relation to-

  (i) 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

  (ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

   

  (3) For the purposes of this section-

  (a) "security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies, and

  (b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Steps taken to promote the four Licensing objectives

  The prevention of crime and disorder

  The Clubwatch Radio will be used to keep in contact with other premises in Plymouth

  The clubwatch radio will be kept in good working order and shall be monitored by a responsible member of staff

  Relevant incidents of crime or disorder shall be reported to the police via the text, pager or radio

  The total number of door supervisors on duty will be dependant upon the number of customers on the premises:­

  0-100 Customers                            2 Door Supervisors

  101-200 Customers                            3 Door Supervisors

  201-300 Customers                            4 Door Supervisors

  301-400 Customers                            5 Door Supervisors

  401-600 Customers                            6 Door Supervisors

  601-800 Customers                            7 Door Supervisors

  801-1000 Customers                            9 Door Supervisors

  1001-1150 Customers              10 Door Supervisors

  1151-1300 Customers              12 Door Supervisors

  1301-1500 Customers              13 Door Supervisors

  1500-1699 Customers              15 Door Supervisors

  1700-1899 Customers              16 Door Supervisors

  1900-2099 Customers              17 Door Supervisors

  2100-2400 Customers                            18 Door Supervisors

   

  When only First Port is open, doorstaff ratios will take effect from 21.00

   

  A register of door staff will be maintained indicating the number of door staff on duty, their identity and the times they were on duty

  Any female customer who needs to be searched will be searched by a female door supervisor or a female member of staff

  No person who is drunk or disorderly will be allowed access to or be allowed to remain on the premises

  No person who is the subject of a court banning order or who is restricted access through a

  Pubwatch Scheme will be allowed in the premises provided the details of such person have been provided to the premises by the police

  Any customer who behaves inappropriately will be barred form the premises and their details passed to any relevant Pubwatch scheme

  This venue does not wish to be associated with illegal drugs or its associated culture. The licensee will cooperate with the responsible authorities in relation to dealing with issues of drugs on the premises

  Random searching will take place of those people suspected of carrying drugs or offensive weapons

  Agreement will be reached with the police about the storage of such drugs or weapons recovered from customers and their delivery to the police

  No customer will be allowed to bring open or sealed bottles on to the premises

  No person will be allowed to leave the premises with any bottle or glass

  Tables will be cleared of all empty bottles and glasses on a regular basis

  CCTV shall be provided on the premises and shall be kept in good working order and any recordings from the CCTV shall be retained for a period of 31 days.

  A notice shall be displayed at the entrance to the premises that CCTV is in operation in the premises

  Photographic driving licences, passports or in agreement with the police a form of identification with the PASS hologram will be used as evidence to confirm the age of anyone who appears to be under the age of 18

  The premises will be a member of any local pub watch scheme

  An incident book will be kept at the premises in which will be recorded all incidents of crime and disorder

  Any drinks which are consumed by persons on the outside terraced area shall be consumed from plastic containers

  Designated staff will ensure that the capacities of each individual area within the premises, as stated on the approved plans attached to the premises Licence, are not exceeded.

  The maximum number of persons allowed on the premises at any one time shall not exceed 2,400

  All staff who work behind the bar will be fully trained to ensure that no person who is drunk or disorderly or who appears to be under the age of 18 years is served with intoxicating liquor, such training to be repeated every 6 months

  Any glasses into which drink is dispensed will be made from toughened shatterproof glass.

   

  Public safety

  The capacity for the premises shall be agreed with the fire officer

  An accurate record shall be kept of the number of persons admitted to each part of the premises such records retained for 6 months and made available to the responsible authorities

  There shall be a suitable number of adequately trained staff to prevent overcrowding in parts of the premises, keep exit routes clear and to ensure the safe evacuation of people from the premises. In the event of an emergency such staff will have been issued with specific duties in the event of an emergency.

  A Fire Evacuation Plan will be agreed with the Fire Authority

  All staff shall have received training on the safe evacuation of the premises in the event of an

  emergency and such training shall be repeated at least annually. A record of the training provided shall be kept at the premises for at least 12 months and will be made available to the fire service or Council

  Adequate arrangements will be made in the Fire Evacuation Plan to ensure the safe evacuation of any disabled persons in the event of an emergency

  All fire escape routes and access to emergency vehicles shall be kept unobstructed and will be

  clearly identifiable

  All escapes doors and escape routes will be checked before the premises open for trading to the

  public and record of the check shall be maintained

  All fire exit doors shall be available and shall be capable of opening without the use of any key, card, code or similar means

  Fire doors will be self closing and shall not be held open other than by devices approved by the fire service

  Edges to steps and stairways shall be maintained so as to be conspicuous.

  All fabrics and furnishings will comply with the relevant British standard with regard to fire resistance including hangings, curtains and any temporary decorations. Any upholstered seating shall comply with current fire safety regulations.

  Notices detailing the action to be taken in the event of fire or other emergency will be prominentlydisplayed in the premises

  Fire alarm/fire evacuation/emergency lighting tests will be carried out at least monthly and a record

  maintained of those tests such records to be kept at the premises for at least 12 months and made available to the fire service and Council

  All fire fighting equipment will be maintained in good working order and shall be available for immediate use such equipment will be inspected annually by a competent person and records of those inspections must be kept at the premises for at least 12 months and made available for inspection by the fire service and Council

  At least one first-aider trained to deal with problems associated with alcohol and drugs will be on

  duty and if there are more than one on duty their roles will be clearly defined

  All emergency lighting and fire safety signage will be maintained in good working order and will not

  be altered without the approval of the Fire Authority. The emergency lighting will be capable of lasting at full capacity for not less than 3 hours

  All electrical installations will be inspected by a competent person before the expiry of the current

  electrical certificate and the certificate issued will be the current standard form certificate issued by that competent person’s professional body.

  If any work is undertaken to the electrical installation it will be inspected, tested and certified by a

  competent person as soon as possible

  All electrical socket outlets provided for entertainers portable equipment must be protected by a residual current device which is part of the fixed wiring, such RCDs to have a rated residual operating current not exceeding 30 milliamps and a maximum operating time of 30 milliseconds. The RCDs must be tested before the sockets are used for entertainers

  No lasers or pyrotechnics will be used without the prior approval of the Licensing Authority

  There shall be no demonstration of hypnotism without the prior approval of the Licensing Authority An adequate supply of free drinking water shall be provided for all customers

  Risk Assessments (including a fire risk assessment) will be carried out and following such Risk

  Assessment an Action Plan will be prepared and any additional action required will be implemented. This will be reviewed annually

  A qualified medical practitioner shall be present throughout any sporting entertainment involving

  boxing, wrestling, judo, karate or sport of a similar nature

  Where a ring is used it will be constructed by a competent person and shall be inspected by a

  competent authority before use and any material used to form the skirt of the ring shall be flame retardant

  Members of the public will not occupy any seat which is closer than 2.5 metres to the ring

   

  The prevention of public nuisance

  The holder of the premises licence shall maintain suitable and sufficient sound attenuation

  throughout the whole building

  The holder of the premises licence shall ensure that the noise limiter (where fitted) is used and

  maintained as set up by the qualified sound engineer

  The applicant will adopt a bespoke dispersal policy for the premises and shall provide any of the

  responsible authorities with a copy of it if requested

  Noise or vibration from the within the premises or from any plant machinery or equipment shall not

  emanate from the premises so as to cause a nuisance to any residential dwelling

  The protection of children from harm

  A person under the age of 18 will only visit the venue with a responsible adult usually for the purpose of dining unless there is an event especially organised for the youth market. Unaccompanied persons under the age of 18 are not welcome in the venue except at events

  especially organised for the youth market

  At all times the licensee will maintain a comprehensive policy for the protection of children

  All staff shall be trained to ensure that no person under the age of 18 years will be sold intoxicating

  liquor including the need for any person who looks under 18 to provide evidence of their age

  Signs shall be displayed at the bar stating that any person who appears under the age of 18 will

  not be served with intoxicating liquor

  Photographic driving licences, passports or in agreement with the police a form of identification

  with the PASS hologram will be used as evidence of anyone who appears to be under the age of 18.

  A person under 18 years will not be allowed to use any AWP machine. The venue intends to have specially organised events for the youth market when the venue will adhere to the following attached documentation:-.

  1.              Admission policy;

  2.              General Policies Statement;

  3.              Code of Conduct for Staff Statement and

  4.              Child Protection Policy.

   

  Where an event is held for persons under the age of 18 (for example UKCC) and no alcohol is on sale then the following policies will apply:-

  Admission Policy

  General Policy

  Code of Conduct for Staff

  Child Protection Policy

   

  Where the premises are open and are being used for the sale of alcohol to which persons aged 16 and 17 may be present the following policies will apply:-

  General Policies for Young Adult Event

  Child Protection Policy for Young Adult Event

  Admissions Policy for Young Adult Event

   

  Both the Young Adult Policies and UKCC Policies can be altered in agreement with Devon & Cornwall Constabulary without the need for a formal Variation of the Premise Licence, but the amended copies will be sent to the Police and Licensing Authority to update their records.

   

  In addition to point 2 above persons aged 16 and 17 years old will be permitted to be on the premises when attending as part of a pre-booked party and when accompanied by persons who are aged 18 years and over.

   

  At special events when persons under the age of 18 may be present e.g. talent shows, wedding shows and fashion shows, the policies listed at point 1 above shall be observed other than age restrictions and the Alcohol Control Policy for a Young Adult Event listed at point 2 above shall also be observed.  The Premise Licence Holder will notify the Police of these special events 7 days prior to the event taking place

   

   

   

   

• Annex 3 - Conditions attached after a hearing by the licensing authority

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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