Foresters Arms

44 Fore Street, Plympton, Plymouth, Devon, PL7 1NB

Completed application 055093 which is a Cancellation/Surrender for Premises Licence from 22/12/2015 to 12/04/2016

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• sale and supply 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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  A              Conditions that have been agreed with the Environmental Health Authority

   

  Public Nuisance

  Live and Recorded Entertainment - Indoors

  1.              Live music is permitted on Sunday and one other night within that week.

  2.              Live music will cease at 21:00 hrs Sunday to Thursday, and 22.30 hrs Friday to Saturday. Recorded music played at any time should be music incidental to the use of the premises.

  3.              Any live music session should not exceed two hours duration inclusive of any breaks in the performance.

  4.              Doors and windows will be kept shut during entertainment.

  5.              Suitable signage at the exit to request the co-operation of patrons to make as little noise as possible when leaving the premises.

  6.              Patrons will be asked not to smoke or stand around talking in the street outside the premises or any car park; and asked to leave the vicinity quickly and quietly.

  7.              A specific taxi operator has been nominated for staff and customers use. The company’s telephone number is advertised to customers. The operator, and all drivers, are aware that they should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily. In addition, staff will leave as quietly as possible, particularly at night and early in the morning.

  8.              Staff will check prior to entertainment, and periodically during the entertainment, that all windows and doors are shut.

  9.              A senior member of staff (manager) 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 action to reduce noise levels if they are found to be excessive/distinguishable above background levels at the nearest residential property.

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

  11.              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

   

  B              Steps that have been taken to promote the four Licensing Objectives

   

  1.              Participation in the Plympton Pub Watch Scheme

  2.              All local pubs work together to establish any possible problems. (Monthly meetings)

  3.              Any drunken behaviour dealt with correctly and quickly as possible.

  4.              All access routes will be adequately lit.

  5.              Steps leading to/from beer garden are lit, clean with secure handrail.

  6.              All potential hazards noted in accident/detect book.

  7.              Premises kept in a clean, tidy, well-lit condition.

  8.              Slippery sign put up in event of drink spillage and mopping

  9.              During entertainment, noise will be carefully monitored and record kept of preventative measures taken.

  10.              During late evening trade customers are requested to leave through rear exit to keep noise levels down on Fore Street.

  11.              All smokers are directed to the designated smoking area at the back of the premises and notices posted to prevent any on street smoking.

  12.              All customers leave through rear exit after time has been rung. Notices displayed.

  13.              Strict policy of no under age drinking.

  14.              ID requested as required notices placed stating ID will be asked for persons looking under 21.

  15.              Children to be accompanied by an adult if under 16.

  16.              No alcoholic drink served to under 18’s.

  17.              Drink sensibly posters displayed for adults.

  18.              No adult entertainment

   

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

   

  Special condition one -

  During regulated entertainment the premises licence holder is to ensure the inner door is kept shut at all times other than to permit patrons to enter or exit the premises;

  Special condition two -

  Patrons be asked to remain inside the premises until their taxi arrives to collect them;

  Special condition three -

  Patrons be asked to use the designated smoking area at the rear of the premises for the purpose of smoking. In all cases the premises licence holder shall ensure this activity is undertaken in a quiet and orderly manner so far as is reasonably practicable;

  Special condition four -

  Drinking will not be permitted at the front or rear of the Foresters Arms after 9.30 pm Monday to Sunday.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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