Caffeine Club

46 Tavistock Place, Plymouth, Devon, PL4 8AX

Completed application 090980 which is a Transfer Application for Premises Licence from 23/05/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• sale and supply of alcohol
• any playing of recorded music

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.

   

  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

   

  Staff are banned from drinking alcohol on duty

  Records maintained of any material incidents within or in immediate vicinity of premises

  Availability of soft drinks, non-alcoholic drinks at all times

  No drinks hoarding

  Pro-active policy against "binge" drinking

  Specific staff training and supervision in assessment of customer consumption and condition

  Drugs warning notices on display

  Zero tolerance to drugs use and dealing

  Toughened glassware for draught products

  Regular glass collection

  Policy of banning customers for misbehaviour within or in the vicinity of premises where deemed necessary and appropriate

  Advisory notices eg. Noise on leaving premises

  Constant monitoring of outside noise levels periodically throughout each night - Records kept

  Nominated staff to deal with complaints from neighbours

   

  Conditions that have been agreed with The Environmental Health Authority

   

  Public Nuisance

   

  Between 12 midnight until close

   

  1.              Noise emanating from the premises will not be distinguishable above back ground levels 1 metre from the facade of the nearest residential property.

   

   

  Variation received November 2012 - Conditions agreed

  The premises will be run predominantly as a restaurant/coffee shop/bar.

  1.              After midnight, all bottled drinks (except wine and cocktails) and all draught drinks will be served in polycarbonate glasses.  This will ensure extra measures are taken to ensure the public’s safety; there is a limit to breakable products which will reduce the risk of accidents and violent crime.

  2.              The Premises Licence Holder will ensure that a CCTV system which is fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document regarding the installation of CCTV.

  3.              The CCTV will cover all areas of the premise to which the public have access, including any outside areas.

  4.              Images will be retained for a minimum of 31 days.

  5.              The system will be capable of downloading imagers to a recognisable viewable format. I.e. memory stick, CD or DVD

  6.              The CCTV system will be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the Premises.

  7.              There will be at least 1 member of door staff on a Friday and Saturday night between the hours of 2am and 5am.  This will ensure crowd control, monitoring of the outside area, consideration to the local residents, and litter.

  8.              The doors and windows of the internal pergola (as defined in the plan) will be closed between 00.00hrs and 05.00hrs every day (except for normal access and egress) and all entrance doors shall be fitted with automatic self-closers.

  9.              A written log will be kept of all complaints received and reference to any remedial action taken to control any incidents such as noise, refusals and other disturbance. The written log will be kept on the premises at all times and be available for inspection by any relevant responsible authority.

  10.              The main focus is on coffee, food, takeaway coffee/cakes and other non-alcoholic beverages such as milkshakes, therefore there will be no irresponsible drinks promotions.  Alcohol is planned to be ancillary to the other products on offer.

  11.              There will be no live music/DJ’s to be played in the outside area.  This will ensure that there is a reduction to the risk of disturbing local residents in the area due to eliminating possible causes to noise disruption.

  12.              There will be an adequate number of seats to allow all customers (as referred to in the stated capacity) to sit down if the premises is at full occupancy.

  13.              There will be a zero tolerance to offensive conduct.

  14.              There will be supervision of customers and areas will be checked regularly included toilets.  Management will control levels of noise from customers and advise customers of the need to respect local residents where appropriate.  Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises.

  15.              The Premises Licence Holder shall ensure that sufficient measures are in place to remove litter or waste arising from their customers and to prevent such litter from accumulating in the immediate vicinity of their premises.  In particular, where necessary the premises licence holder shall ensure that adequate measures are in place to provide customers with sufficient receptacles for the depositing of waste materials such as food wrappings, drinks containers, smoking related litter, etc.

  16.              After midnight, a table service will be put in place, so that the customers are seated and food and drinks are brought out to them unless taking away.

  17.              Customers will not be allowed to conjugate around the coffee bar pick up area-this is purely for collection of drinks and not for customers to stand at and be social.

  18.              The Premises Licence Holder or nominated person shall erect and maintain in a prominent position at every exit a clear, conspicuous and legible notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents. Patrons will be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity quickly and quietly.

  19.              The capacity of the venue shall not exceed 100 which includes the inside and outside areas.

  20.              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 addition, staff will leave as quietly as possible, particularly at night and early in the morning.

  21.              There will be the challenge 21 policy in place to ensure reduced risk to underage drinking.

  22.              The Licence Holder or nominated person shall ensure that bar staff, supervisors and managers are trained in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol.  Training shall be signed and documented and training records be made available to an enforcement officer on request.

  23.              The Licence Holder shall ensure a sales refusal register is maintained to include details of all alcohol sales refused and the reason for refusal.  The refusals register should be made available to an authorised enforcement officer on request.

  Variation Application received 27/11/2012

  Application to amend provision of the licensing activities Playing of Recorded Music to Indoors only

  To amend conditions of Annex 2 to use of the outside area Sunday to Saturday until 02.00am to allow background music to be played in the outside area.

  To amend the trading name to "The Caffeine Club"

   

   

   

   

   

   

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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