Arribas Restaurant

58 Notte Street, Plymouth, Devon, PL1 2AG

Completed application 084181 which is a Variation Application for Premises Licence from 03/12/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• sale and supply of alcohol
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Prevention of Crime and Disorder

  1.              All staff engaged in licensable activity at the premises will receive training and information

  in relation to the following:

  i. The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

  ii. The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence.

  iii. How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

  iv. Recognising the signs of drunkenness.

  v. The operating procedures for refusing service to any person who is drunk,

  under-age or appears to be under-age, or appears to be making a proxy

  purchase.

  vi. Action to be taken in the event of an emergency, including reporting an incident

  to the emergency services.

  Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 6 month intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.

  Training records will be retained for at least 12 months.

  2.              An incident log shall be kept and maintained at the premises which will include a log of

  the following, including pertinent details:

  i. Any incidents of disorder or of a violent or anti-social nature

  ii. All crimes reported to the venue, or by the venue to the police

  iii. All ejections of patrons

  iv. Any complaints received

  v. Seizures of drugs or offensive weapons

  vi. Any faults in the CCTV system

  vii. Any visits by a responsible authority (under the Licensing Act 2003) or

  emergency service.

  Records must be completed within 24 hours of any incident, and will contain the time

  and date, the nature of the incident, the people involved, the action taken and details of

  the person responsible for the management of the premises at the time of the incident.

  The logs shall be kept for at least 12 months following the date of entry and be made

  available for inspection and copying upon request of an authorised officer of a responsible

  authority.

   

  3.              Staff will not consume alcohol during rostered working hours.

   

  4.              Open containers of alcohol shall not be removed from the premises.

   

  5.              There shall be no consumption of beverages purchased from the premises in the designated smoking area.

   

  6.              The number of SIA licensed 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.

   

  7.              On Friday and Saturday’s door supervisors shall be on duty at the premise’s from 20:00 until close as in accordance with the premise licensing hours.

   

  8.              Sunday to Thursday Premises Licence Holder or Designated Premises Supervisor shall conduct a risk assessment during busy times (i.e. Bank Holidays, large sporting and community events) for the requirement of door supervisors to be deployed at the premise.

   

   

  9.              All SIA licensed door supervisors shall wear distinctive clothing or insignia to clearly

  identify them as door supervisors. Door supervisors on duty at the entrance shall

  wear 'high visibility' clothing (such as a jacket or waistcoat).

   

  10.              The following details for each door supervisor will be contemporaneously entered into a

  register kept for that purpose:

  I. Full name

  II. SIA licence/badge number, and registration number of any accreditation scheme

  recognised by the Licensing Authority (including expiry date of that registration or accreditation)

  III. The date and time they began their duty

  IV. The date and time they completed their duty

  V. The full details of any agency through which they have been allocated to work at

  the premises if appropriate

  The register shall be available for inspection and copying at all reasonable times by an authorised officer of a responsible authority.

  The register shall be kept at the premises at all times and be so maintained as to enable

  an authorised officer to establish the particulars of all door supervisors engaged at the

  premises during the period of not less than 12 months prior to the request.

   

  11.              SIA licensed door supervisors will be responsible for ensuring the safe, quiet and orderly

  dispersal of customers from the premises and the immediate vicinity of the premises.

   

   

  12.              The premises shall install, operate and maintain a digital colour CCTV system to the

  satisfaction of the Police and Local Authority. As a minimum, the system must:

  i. Cover all public areas of the licensed premises, including entry and exit points. This also includes any outside areas under the control of the premises licence holder.

  ii. Record clear images permitting the identification of individuals and in particular enable facial recognition images (a clear head and shoulder image) of every person entering and leaving in any light condition.

  iii. Continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

  iv. Have a constant and accurate time and date generation.

  v. Store recordings for a minimum period of 31 days with date and time stamping.

  vi. Viewable copies of recordings will be provided on request to the police and local

  authority officers as soon as is reasonably practicable and in accordance with the General Data Protection Regulation 2018.

  vii. The CCTV system will be capable of downloading images to a recognisable viewable format.

  viii. The CCTV system will capture a minimum of 4 frames per second.

  x. The CCTV system will be fitted with security functions to ensure the integrity of the system and to prevent the tampering with and deletion of images (i.e. password

  protection).

   

  13.              The CCTV system will be fully compliant with the guidance contained in the Information

  Commissioner’s Office (ICO) guidance document <https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/encryption/encryption-scenarios/>

   

  14.              If the CCTV equipment (including any mobile units in use at the premises) breaks down

  the Licensing Authority and the Police must be informed as soon as is reasonably

  practicable. This information shall be contemporaneously recorded in an incident report

  register and shall include the time, date and means this was done and to whom the

  information was reported. Immediate steps must be taken to put the equipment back

  into action. The Licensing Authority and the Police shall be informed when faults are

  rectified.

   

  15.              A staff member from the premises who is conversant with the operation of the CCTV

  system shall be on the premises at all times when the premises are open. This staff

  member must be able to provide an authorised officer of a responsible authority copies

  of recent CCTV images or data with the absolute minimum of delay when requested (in accordance with the General Data Protection Regulation 2018).

   

   

  16.              Clear and legible notices shall be prominently displayed at all exits requesting patrons to

  respect the needs of local residents and businesses and to leave the vicinity as quickly and

  quietly as possible.

  Protect of Children from Harm

  17.              All bar staff, supervisors and managers must be 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 12 months. Training shall be

  signed and documented. Training records must be kept on the premises and be made

  available for inspection and copying to an authorised officer of a responsible authority

  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.

   

  18.              There will be in place a written age verification policy in relation to the sale or supply of

  alcohol, which will specify a Challenge 25proof of age requirement. This means that staff working at the premises must ask individuals who appear to be under 25 years of age, attempting to purchase alcohol, to produce identification. The only acceptable identification documents will be:

  - A photo driving licence

  - A passport

  - An identification card carrying the PASS hologram

  Unless such identification is produced the sale of alcohol must be refused.

  This policy will include documented steps taken to prevent adults from purchasing

  alcohol for or on behalf of children under 18.

   

  19.              The premises shall display prominent signage indicating at any point of sale and at the

  entrance to the premises that a Challenge 25 scheme is in operation.

   

  20.              An alcohol sales refusal register shall be kept at the premises and be maintained to

  include details of all alcohol sales refused. The register will include:

  i. the date and time of refusal

  ii. the reason for refusal

  iii. details of the person refusing the sale

  iv. description of the customer

  v. any other relevant observations.

  The refusals register will be made available for inspection and copying on the request of

  an authorised officer of a responsible authority.

  All entries must be made within 24 hours of the refusal.

  21.              No person under the age of 18 years of age is permitted to enter or remain on the licensed premises when alcohol is being sold or supplied.

  Prevention of Public Nuisance

  1.              Between 23:00 and 08:00 there will be total sound containment within the premises.

   

  2.              Suitable bins must be provided outside the premises at all times it is open for the collection of smoking related rubbish.

   

  3.              You must clean the pavement in front of, and adjacent to, the premises of smoking-related litter before and after each period of use.

   

   

   

   

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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