Rock Bottom Bar

34/36 Drake Circus, Plymouth, Devon, PL4 8AB

Completed application 059371 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 16/12/2016 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

   

  A              Supply of alcohol

   

                Any existing conditions attached to existing justices licence

   

  1.              Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as ancillary to meals served in the premises

   

  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.

   

   

  Conditions agreed with Devon & Cornwall Police on 5th October 2011 in respect to an application to vary a premise licence granted on 27th October 2011

   

  Prevention of Crime and Disorder

   

  1.              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 installation of CCTV.

  2.              The CCTV will cover all areas of the premises to which the public have access including the outside decked area

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

  4.              The system will be capable of downloading images to a recognizable viewable format.

  5.              At all times the premises are open for business a member of staff will be present who is capable of operating the system and downloading images at the request of police or a member of a responsible authority.

  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.              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.

  8.              2 Door Supervisors will be employed on a Friday and Saturday night from 2300hrs until close of business

  9.              1 door supervisor will be employed Sunday to Thursday Inclusive from Midnight until close of business

  10.              All drinks will be served in Polycarbonate receptacles to customers using the outside area after 9pm.

  11.              A maximum of 30 people at any one time will be allowed to use the garden area after 2330hrs.

  12.              After 23.30hrs no drinks are to be taken outside to the outside rear area and no consumption of drinks to occur after midnight

  13.              After 23.30hrs on a Friday and Saturday Night and Midnight on all other nights a door supervisor is to be permanently placed in the rear area to monitor the capacity

  14.              After 23.30hrs noise levels are to be monitored and controlled to minimise any potential impact on local residents

  15.              A sign is to be placed in the outside rear area specifying that no drinks are to be taken into this area after 23.30hrs

  16.              No open bottles or other vessels to be permitted to be taken from the premises.

   

   

  Protection of Children From Harm

   

  1.              No person under the age of 18years shall be admitted to the premises.             

  2.              Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18.  The following are the only forms of identification acceptable:

                [UK photo driving licence]

                [Passport]

                [PASS accredited cards]

   

  3.              All staff employed at the premises shall be trained in the requirements of the Challenge 21 policies The identification & recognition of drunks and the correct procedure to be followed when refusing service.

  4.              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 a member of any responsible authority on request.

  5.              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 any responsible authority on request

  6.              The training will be repeated at least every 4 months for all staff and will be recorded in documentary form that will be available for inspection at the time of request by a member of any responsible authority. The records will be retained for at least 12months

   

   

  Conditions agreed with the Environmental Health Authority on 14th October 2011 in respect to an application to vary a premises licence granted on 27th October 2011

                Public Nuisance

   

  Outside Area

  1              The outside licensable area must be cleared of patrons by 23.30hrs, other than for use as a designated smoking area.

  2              No drinks will be permitted to be taken to the outside rear area after 23.30hrs and no consumption of drinks to occur in the outside area after midnight.

  3.  Management will control levels of noise in the outside area 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.

  4   Any recorded music in the outside area will cease by 23.00hours.

   

  General

  5              Doors and windows will be kept shut during indoor entertainment.

  6              A senior member of Staff (Manager) will assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment. 

  7              Management will control the sound levels of the music/entertainment.

  8              Before 11pm

  To prevent entertainment being intrusive, noise emanating from the premises will not be clearly audible 1 metre from the façade of the nearest residential property.

  9              Between 11pm and 12 midnight

  To prevent entertainment being intrusive, noise emanating from the premises will not be clearly distinguishable above other noise 1 metre from the façade of the nearest residential property. 

  10              Between 12 Midnight and 2am

                Total sound containment within the premises,

  11              The delivery of goods is restricted to taking place between 08.00hrs and 18.00hrs.

  12              Bottle skips and bins containing cans or bottles will not be emptied outside after 11pm but will be dealt with the next day during normal working hours. 

   

  The will be no adult entertainment held at this premise.

   

   

   

   

   

   

   

   

   

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

   

  Licensing Sub Committee held on the 13 November 2012

   

  Application to vary this licence to allow patrons to drink outside in the beer garden/smoking area until 02.00hrs, in polycarbonate glasses and with a capacity of 30 people allowed at any one time, was REFUSED at the committee held on 13 November 2012.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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