Plymouth City CouncilLicensing Office

Barista Brothers

135/137 Armada Way, Plymouth, Devon, PL1 1HX

Completed application 047065 which is a New Application for Premises Licence from 07/01/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS (PREMISES LICENCE - ON & OFF SALES)

   

  No supply of alcohol may be made under this Premises Licence when there is no Designated Premises Supervisor in respect of the Premises Licence.

   

  No supply of alcohol may be made when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.

   

  Every supply of alcohol under this Premises Licence must be made or authorised by a Personal Licence holder.

   

  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.

   

  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).

   

  2.               The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

   

  3.              (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.

   

  4.               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.

   

  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.  For the purposes of this condition -

   

  (b)              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

   

  (c)              “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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Conditions agreed with the Police Licensing Authority

   

  Prevention of Crime and Disorder -

   

  All staff shall be fully trained to perform their role. The Premises Licence Holder and/or Designated Premises Supervisor shall ensure that all staff are trained in the legality and procedure of alcohol sales, using the SWERCOTS on-line training pack or equivalent, the contents of the premises licence including times of operation, licensable activities and all conditions prior to undertaking the sale of alcohol and then at least every 12 months.

   

  Training of staff shall be recorded in documentary form that 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 3 years.

   

  A refusal register will be kept for any underage or person refused service. The record will contain the time and date, the reason, the person (if known), the action taken and details of the staff member.

   

  An incident book shall be maintained to record any activity of a violent, criminal or anti-social behaviour. 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 refusals register and incident book shall be available for inspection at all reasonable times by an authorised officer of relevant responsible authority. The records will be retained for at least 3 years.

   

  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.

   

  The CCTV equipment shall be maintained in good working order and shall cover all areas of the premises to which the public have access including outside frontage of premises and capable of obtaining a clear head and shoulders image of every person entering or leaving the premises.

   

  Images shall be retained for a minimum of 28 days and the CCTV system shall be capable of downloading images to a recognizable viewable format.
   

  Public Safety

   

  The Designated Premises Supervisor and/or Responsible Person shall ensure that no open drinking vessel (other than takeaway drinks), glass or bottles are taken outside the premises.

   

  Public Nuisance

   

  The smoking area at the frontage of the premises is to be monitored and managed to the same standard inside the premises to prevent any public nuisance.

   

       Protection of Children from Harm

   

  All staff shall be trained in the requirements of the Challenge 21 policies.

   

  All staff shall be suitably trained in the operating procedures for refusing service to any person who appears to be under-age.

   

   

  Conditions agreed with the Environmental Health Authority

   

  Substancial food will be available at all times (subject to a permitted wind-down period before the terminal hour of service)

   

  Consumption of alcohol at the bar area is subject to patrons waiting for tables or sitting at stools provided.

   

  The Premises Licence Holder or nominated person shall ensure that suitable ash trays or similar secure vessels are available for smoking litter.

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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• - Page 2 of 2