Walrus

Athenaeum Street, The Hoe, Plymouth, Devon, PL1 2RH

Withdrawn application 086652 which is a Variation Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• a performance of live music
• any playing of recorded music
• 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.

   

• Conditions 12, 13, 14, 18 requested to be removed and replace with updated conditions below:

   

  b) The prevention of crime and disorder

   

  On Friday and Saturday door supervision shall be required from22:00 until close if the premises is to remain open after midnight. The premises shall conduct a risk assessment on a Friday and Saturday and during other busy times (i.e. Bank Holidays, large sporting and community events) for the requirement of door supervisors to be on duty at the premises.

   

  c) Public safety

   

  Customers will not be permitted to remove from the premises any drinks supplied by the premise (alcoholic or otherwise) in open containers unless to an external area set aside for consumption.

   

  ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

  1.              Any person managing or supervising staff in the sale of alcohol or other licensable activity in the absence of the DPS shall be the holder of a personal licence obtained from a nationally recognised body.

  2.              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.

  3.              Training shall be recorded in documentary form and those records 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.

  4.              An incident book shall be maintained to record any activity of a violent, criminal or anti-social nature. The record 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 incident book shall be available for inspection at all reasonable times by an authorised officer of the relevant responsible authority. The records will be retained for at least 12 months.

  The prevention of Crime and disorder

  5.              The Premises Licence Holder will ensure that a CCTV system is fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document (www.informationcommissioner.gov.uk) regarding installation of CCTV is provided at the premises.

  6.              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.

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

  8.              Images shall be retained for a minimum of 28 days

  9.              The CCTV system shall be capable of downloading images to a recognizable viewable format.

  10.              At all times the premises are open for business a member of staff shall be present who is capable of operating the CCTV system and downloading images at the request of an authorised officer from a relevant responsible authority.

  11.              The CCTV system shall be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises.

  Prevention of Public nuisance

  12.              On Friday and Saturday door supervisors shall be on duty at the premises from 22:00 until close if the premises is to remain open after midnight.

  13.              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.

  14.              The 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.

  15.              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. Training shall be recorded in documentary form and those records will be available for inspection at the request at all reasonable times by an authorised officer from a relevant responsible authority.

  16.              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.

  17.              The Premises Licence Holder and/or Designated Premises Supervisor shall ensure that the following details for each door supervisor are contemporaneously entered into a bound register kept for that purpose:

  (i)              Full name,

  (ii)              SIA Certificate number and or badge number, or registration number of any accreditation scheme recognised by the Licensing Authority (including expiry date of that registration or accreditation),

  (iii)              The time they began their duty

  (iv)              The 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 at all reasonable times to an authorised officer of the Licensing Authority or a police constable. 

                This register is to be kept at the premises at all times and shall be so maintained as to enable an authorised officer to establish the particulars of all door staff engaged at the premises during the period of not less than 12 months prior to the request.

  Public Safety

  18.              The Premises Licence Holder or Designated Premises Supervisor shall not allow any drinking vessel, glass or bottle to be taken from the premises.

  19.              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.

  20. Regular removal of litter including cigarette ends from outside areas

  21. Zero tolerance policy on drugs - posters to be on display

  Protection of Children from Harm

  22.              All staff shall be trained in the requirements of the Challenge 25 policies. Training shall be recorded in documentary form and those records 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.

  23.              All bar staff, supervisors and managers shall 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 six months.  Training shall be signed and documented and training records will be kept on the premises and be made available to an authorized 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.

  24.              A sales refusal register shall be maintained to include details of all alcohol sales refused and the reason for refusal.  The refusals register shall be made available to an authorized officer of a responsible authority on request

  25.              No under 18’s allowed on premises after 09.30pm

  Conditions that have been agreed with The Environmental Health Authority

   

  1.              Signage requesting patrons to make as little noise as possible while using external areas shall be placed at the entrances and exits to the premises

  2.              Internal doors providing access to the premises shall be fitted with self-closures, and shall be maintained in good working order

  3.              Doors and windows to be kept shut during entertainment

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

  5.              The Premises Licence Holder or nominated person will assess the impact of any noisy activities on neighbouring premises at the start of the activity/entertainment and periodically throughout the activity/entertainment and take any action to ensure compliance with existing licensing conditions

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

  7.              A written log will be kept of all noise complaints received and reference to any remedial action taken to control noise and other disturbance.  The written log will be kept on the premies at all times and be available for inspection by any responsible authority on request

  8.              The Premises Licence Holder or nominated person will be available at all times during regulated entertainment and who is responsible for the management, supervision and control of regulated entertainment or similar events, this person will be responsible for instructing performers on the restrictions and controls to be applied to ensure compliance with existing licensing conditions

   

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

   

  None

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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