Malthurst Plympton

251 Ridgeway, Plympton, Plymouth, Devon, PL7 1AJ

Open application 097179 which is a Change of Supervisor for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• sale and supply of alcohol
• sale and supply of alcohol
• provision of late night refreshment

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

   

  A              Supply of alcohol

   

                Any existing conditions attached to existing justices licence

   

  1.              Non-alcoholic refreshment shall be available at all times the premises are open for the sale of intoxicating liquor

   

                The authorised hours for the sale of alcohol do not prohibit:

   

  1.              during the first twenty minutes after the end of authorised hours the consumption of the alcohol on the premises;

  2.              during the first twenty minutes after the end of authorised hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  3.              during the first thirty minutes after the end of authorised hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;

  4.              consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  5.              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  6.              the sale of alcohol to a trader or club for the purposes of the trade or club;

  7.              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;

  8.              the taking of alcohol from the premises by a person residing there; or

  9.              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

  10.              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 their employer or of the person carrying on or in charge of the business on the premises.

   

   

  B              Regulated Entertainment

   

  ·              Standard National conditions applying to the existing [public entertainment licence].

   

  ·              Existing special conditions.

   

  a)              Capacity - Ground Floor - 70

                            First Floor    - 70

                              Lounge                     - 40

  b)              Suitable signage at the exit to request the co-operation of patrons, in particular, to make as little noise as possible when leaving the premises and not to stand around talking in the street outside the premises or any car park and to drive away as quietly as possible

  c)              Door staff positioned on exits

  d)              An announcement is made prior to closing

  e)              Total sound containment from the premises

  f)              The location of access and egress points to the venue away from residential accommodation

  g)              Supervision of the venue including the prevention of drink hoarding, enhanced CCTV inside and outside the premises

   

   

  ·              The sale of alcohol is prohibited except under the authority of a premises licence, a club premises certificate or a temporary event notice.

   

  C              Conditions that have been agreed with The Environmental Health Authority

   

  Public Nuisance

   

  After 02.00am until closing

   

                1.              Total sound containment within the premises

   

                (Noise will not be audible one metre from the facade of the nearest residential premises

   

  Minor Variation - 27/7/16

   

  Bi-fold doors installed on the front elevation will be closed at 19:00 hours on all days.

   

   

   

   

• Annex 3 - Conditions attached after a review hearing by the licensing authority (20th January 2009)

   

   

  1.              Whenever the Designated Premises Supervisor is not at the premises another responsible person will be nominated by the Designated Premises Supervisor as being the person to manage the premise

  2.              CCTV to be installed to comply with the ‘UK Police Requirements for Digital CCTV Systems’

  3.              CCTV cameras to be kept clean and maintained at all times

  4.              CCTV system must retain images and information for a minimum of 21 days

  5.              The CCTV system will have the capability of downloading the images to a recognised format

  6.              A register will be kept detailing all requests by Police for CCTV images.  This will include time and date of request, time, date and location of incident, time and date of hand on to Police

  7.              By the 16th February 2009 during trading hours, there will be members of staff present who are trained to view and download images from CCTV at request of Police

  8.              The Police Licensing Department will be informed if the CCTV system is not working

  9.              A daily incident logbook detailing all incidents of note at the premises or in the immediate vicinity e.g. slips, accidents, entry refusals and incidents of disorder etc. The log will detail the date, time, type of incident, brief circumstances, action taken and personal dealing.  The logbook will be made available for up to six months for Police or any other responsible authority inspection, if required.  All relevant incidents will be reported to the Police at the earliest opportunity

  10.              A separate register will be maintained recording the details of door supervisors working.  It will include, date, name, SIA registration number, expiry date of licence, the time duty commenced and the time duty ceased

  11.              Police officers will be afforded all possible assistance in the course of their investigations that relate directly to the  premise

  12.              All material evidence resulting from a criminal incident will be reserved for Police forensic examination,

  13.              All staff and managers will be made aware of the conditions attached to the licence

  14.              An appropriate method for checking the number of people entering and leaving the premises will be adopted and maintained to ensure that steps are taken, so that once the maximum occupancy is reached no further persons are admitted.

  15.              Where patrons are smoking outside the premises (front and rear areas) the Licensee/Management shall ensure that this is undertaken in a quiet and orderly manner

   

  Conditions added after the licence was reviewed at The Licensing Sub Committee on 12th May 2009

   

  1.              All staff members are to be trained: training updates are to take place on a regular basis.  Training, amongst other things, should make staff members aware of the conditions on the licence and how these are to be complied with.  A signed record of all training is to be kept on the premises.

   

   

   

• ANNEX 4 - PLANS

   

  As Attached

   

• ANNEX 1 - MANDATORY CONDITIONS

   

  (1) The first condition is that no supply of alcohol may be made under the 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) The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  (3) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

  (4)   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 a holographic mark.

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Steps that have been taken to promote the Four Licensing Objectives

   

  The Prevention of Crime and Disorder

  1.              A CCTV system will be installed, or the existing system maintained, such system to be fit for the purpose

  2.              The CCTV system shall be capable of producing immediate copies of recordings on site.  Copies of recordings will either be recorded on good quality video tape or digitally on to CD/DVD or other equivalent medium

  3.              Any recording will be retained and stored in a suitable and secure manner for a minimum of 14 days and shall be made available, subject to compliance with Data Protection legislation, to the police for inspection on request

  4.              The precise positions of the cameras may be agreed, subject to compliance with Data Protection legislation, with the police from time to time

  5.              The system will display, on any recording, the correct time and date of the recording

  6.              The CCTV system will be maintained and fully operational throughout the hours that the premises are open for any licensable activity

   

  The Prevention of Public Nuisance

  1.              Adequate waste receptacles for use by customers shall be provided in and immediately outside the premises

   

  The Protection of Children from Harm

  1.              The licence holder shall ensure that all cashiers are trained to ask any customer attempting to purchase alcohol, who appears to be under the age of 21 years (or older if the licence holder so elects) for evidence of age.  This evidence shall be photographic, such as passport or photographic driving licence until other effective identification technology (for example thumb print or pupil recognition) is adopted by the licence holder. All cashiers will be instructed, through training, that a sale shall not be made unless this evidence is produced

   

   

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

   

  None.

   

   

• ANNEX 4 - Plans

   

  As attached

   

Premises Plans

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