Terrace, The

74 Madeira Road, The Hoe, Plymouth, Devon, PL1 2JU

Completed application 082611 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 27/07/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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.

   

  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 that have been taken to promote the four licensing objectives

   

  a)              General - all four licensing objectives (b,c,d,e)

   

  Use of bio-degradable cups in replacement of glass for promoted events. Keep noise pollution to a minimum. Provide assistance to vulnerable customers where needed. Use of door staff at promoted events to help maintain the safety of customers and ensure they leave the premises without causing unrest.

  The sale of alcohol on the premises will be by table service only

  The area will be clearly signed that the chairs are for customers use only

  Drinks served in this area will be in open branded bio-degradable receptacles

  Signs will be placed at the edge of the licensed area to inform ‘no alcohol in unsealed containers is permitted to leave the area and you are entering a designated no drinking area. (or similar wording)

  Litter receptacles will be placed at the licensed area entrance/exit points

  Off sales will only be sold in manufactured sealed containers.

   

  b)              The prevention of crime and disorder

   

  All staff shall be fully trained to perform their role. They will also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions.

   

  Training shall be recorded in documentary form that will be available for inspection at the request at all reasonable times by an authorised officer from a relevant responsible authority. The records will be retained for at least 12months.

   

  All staff shall be trained in the requirements of the Challenge 25 policies .

  Spirits and all alcoholic beverages on display will be in such a position so as not to be obscured from the constant view of the cashier / staff.  (If this is not reasonably practical the Licensing Authority shall be consulted regarding other suitable locations in the premises).

   

  There shall be no admissions or re-admission to the premises after 23:00 hours.

   

  All door staff shall be trained in the requirements of the Challenge 25 policy, the identification & recognition of drunks and the correct procedures to be followed when refusing service.

   

  The number of door supervisors employed shall be in accordance with the following ratio: A minimum of two door supervisors will be employed for the first 100 customers and one door supervisor for every 100 thereafter.

   

  The Premises Licence Holder and/or Designated Premises Supervisor shall ensure door supervisors are properly briefed and trained to manage queues in a safe and efficient manner.

   

  The Premises Licence Holder and/or Designated Premises Supervisor shall arrange adequate supervision of any queue, which may form to gain entry to the premises.

   

  All door supervisors shall be capable of communicating instantly with one another by way of radio or other simultaneous system of communication.

   

  The CCTV equipment shall be maintained in good working order and continually record when licensable activity takes place and for a period of two hours afterwards.

   

  The CCTV system shall cover all areas of the premises to which the public have access including any outside areas.

   

  Images shall be retained for a minimum of 31 days

   

  All drinks shall be served in plastic/paper/ toughened glass or polycarbonate containers during promoted events.

   

  The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.

   

  The contents of any bottled beverage shall be decanted into a plastic or polycarbonate receptacles before service to any customer.

  The Premises Licence Holder and/or Designated Premises Supervisor shall ensure that any outside area included in the licence will be controlled in a safe and effective manner to the same standard operated within the premises building and will pay special attention to the impact that the use of the outside area has on the surrounding community.

   

  The Premises Licence Holder or nominated person shall ensure that a clearly visible notice is displayed advising those attending, that the Police will be informed if anyone is found in possession of controlled substances or weapons.

               

  The Premises Licence Holder or nominated person shall ensure that security arrangements are in place where toilet areas and other similar areas are regularly checked for evidence of drugs. The date and times of all checks to be recorded in a bound book kept for that purpose and be available on request from an authorised officer of the Licensing Authority or a police constable. Signage shall also be placed in the toilet areas advising patrons that checks are conducted regularly.

   

  The Premises Licence Holder provide contact details for any security personnel employed at the premises to an authorised officer of the Licensing Authority or a constable upon request.

   

  c)              Public safety

   

  The Premises Licence Holder or nominated person shall ensure that the accommodation limit(s) specified on the licence is not exceeded and shall be aware of the number of the people on the premises at all reasonable times. This information shall be immediately available on the request of

  any responsible authority.

   

  Adequate procedures must be implemented to ensure overcrowding (such as that which may cause injury through crushing) does not occur in any part of the premises.

   

  In respect of temporary sanitary facilities the premises licence holder shall ensure that the servicing of sanitary accommodation takes place on a continuous basis throughout the event to ensure the sanitary accommodation is kept in a usable condition at all times when the public require it to

  be available.

               

  In respect of temporary sanitary facilities the premises licence holder shall ensure that the removal of sewage takes place hygienically and appropriately at the conclusion of the event or as required.

   

  Management lighting - In the absence of adequate daylight artificial lighting in any area accessible to the public shall be fully operational whilst the public are present.

   

  d)              The prevention of public nuisance

   

  All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting and lockable lid.

  The ‘collection and removal of litter’ shall be taken to include the satisfactory disposal of spilled food and similar materials so as to leave the footway in a clean, safe and wholesome condition.

  Waiter/Waitress service shall be available throughout the premises at all times.

  Substantial food shall be available at all times (Subject to a permitted wind-down period prior to closing).

  The 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.  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.

  The premises licence holder shall ensure that adequate measures are in place to provide customers witha sufficient number of suitable receptacles are located in appropriate locations for the depositing of waste materials such as food wrappings, drinks containers, smoking related litter, etc. by customers.

  The Premises Licence Holder, Designated Premises Supervisor or nominated person, shall ensure that measures shall be put in place to remove litter or waste arising from customers and to prevent such litter from accumulating in the immediate vicinity of the premises or neighbouring premises.

  The premises licence holder shall ensure that all packaging provided with takeaway food is marked in some way as to show its point of origin.

   

  Between the hours of 23:00 and 08:00 noise emanating from the Terrace must be inaudible at the nearest residential property.

   

  The Premises Licence Holder or nominated person shall ensure that during the final hour of trading appropriate announcements are made or images are projected to remind patrons of the need to leave the premises quietly without causing annoyance,

  nuisance or disturbance to local residents and to advise patrons of any taxi free-phone or collection arrangements available upon the premises.

   

  The Premises Licence Holder shall nominate a senior member of staff as the person responsible for the management, supervision, compliance with licensing conditions and general control of regulated entertainment.  This person will also be responsible for instructing performers on the

  restrictions and controls to be applied.

   

  The Premises Licence Holder or nominated person shall ensure that suitable signage is positioned at exits to request the co-operation of patrons, in particular to make as little noise as possible when leaving the premises. 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.

               

  The Premises Licence Holder or nominated person shall ensure that announcements are made (in a responsible manner) prior to closing requesting patron’s co-operation in leaving the premises and vicinity as quickly and as quietly as possible.

   

  The Premises Licence Holder or nominated person shall ensure that exits are manned at closing time to ensure that patrons leave the area quickly and as quietly as possible.

   

  The Premises Licence Holder or nominated person shall ensure sufficient door staff are positioned at the exits from the premises to remind departing patrons of the need to avoid causing nuisance or disturbance to local residents.

   

  The Premises Licence Holder or nominated person provides unhindered use of a telephone on the premises for use in an emergency, while licensable activity entertainment is taking place. In premises that do not have the benefit of a permanent phone installation then a mobile phone must be

  available.

   

  The Premises Licence Holder or nominated person shall be available at all times during regulated entertainment and who is responsible for cooperating and liaising with any relevant responsible authority.

   

  The Premises Licence Holder or nominated person shall erect and maintain suitable and sufficient conspicuous signage at the entrance to the premises advising patrons that causing any disturbance or disorder in a queue will result in admission being refused.

   

  The Premises Licence Holder or nominated person shall arrange supervision of any queue which may form to gain entry to the premises.

   

  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.

   

  The Premises Licence Holder or nominated person shall ensure that suitable ash trays or similar vessels are available for smoking litter.

   

  The Premises Licence Holder or nominated person shall ensure that the smoking area is regularly cleaned to ensure that all discarded smoking litter is removed and properly disposed.

   

  The delivery of goods is restricted to between the hours of 08:00 hours and 16:00 hours.

   

  All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting and lockable lid.

   

  The 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.  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.

               

  The premises licence holder shall ensure that adequate measures are in place to provide customers witha sufficient number of suitable receptacles are located in appropriate locations for the depositing of waste materials such as food wrappings, drinks containers, smoking related litter, etc. by customers.

               

  The Premises Licence Holder, Designated Premises Supervisor or nominated person, shall ensure that measures shall be put in place to remove litter or waste arising from customers and to prevent such litter from accumulating in the immediate vicinity of the premises or neighbouring

  premises.

   

  e)              The protection of children from harm

  The Premises Licence Holder or Designated Premises Supervisor shall ensure that all bar staff, supervisors and managers are trained in the legality and procedure of alcohol sales, using the SWERCOTS on-line training pack or equivalent, prior to undertaking the sale of alcohol and then at least every six months.  Training shall be signed and documented and training records will be kept on the premises and be made available to an enforcement officer on request. The documentation relating to training should extend back to a period of three years and should specify the time, date and details of the persons both providing the training and receiving the training.

  A till prompt system shall be installed to assist staff by reminding them to challenge for ID when a sale is made.

  The Premises Licence Holder or Designated Premises Supervisor shall have a written age verification policy in relation to the sale or supply of alcohol.  This policy will include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18s and will specify a Challenge  25 proof of age requirement before sales of alcohol are made as approved by the Plymouth City Council Trading Standards responsible authority.

  The Licence Holder or Designated Premises Supervisor shall ensure that new bar staff, supervisors and managers receive induction 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.

   

  All staff shall be trained in the requirements of the Challenge 25 policy.

   

  Accompanied children (under 18) will only be allowed to remain on the premises between the hours of 08.00 hrs and 22.00 hrs

   

  The Licence Holder or Designated Premises Supervisor shall ensure that new bar staff, supervisors and managers receive induction 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.

   

   

   

   

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

   

  Additional conditions (16/7/2019):

   

  1.              Off sales be limited to sales of Plymouth Gin in their original sealed containers, from one dedicated location within the premises

  2.              By the 20 October 2019, when disposable non-glass drinking vessels are used, they must be branded so as to identify the premises.

   

  Modification of hours:

  1.              The hours for off sales be limited to take place between 10am and 9pm Monday - Sunday

   

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

• - Page 1 of 6
• - Page 2 of 6
• - Page 3 of 6
• - Page 4 of 6
• - Page 5 of 6
• - Page 6 of 6