Commercial Wharf & West Pier

The Barbican, Plymouth, Devon, PL1 2NX

Completed application 039499 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 09/07/2013 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

   

  1. The first condition is that no supply of alcohol may be made under the 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. The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

     3.(1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

  (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 (other than any promotion or discount available to an individual in respect of alcohol for

  consumption at a table meal, as defined in section 159 of the Act);

  (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;

  (d) provision of free or discounted alcohol in relation to the viewing on the premises of a

  sporting event, where that provision is dependent on-

  (i) the outcome of a race, competition or other event or process, or

  (ii) the likelihood of anything occurring or not occurring;

  (e) 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.

   

  4. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  5.The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6.(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

  (2) 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 a holographic mark.

   

  7. The responsible person shall 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; and

  (b) customers are made aware of the availability of these measures.

   

  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

   

  Conditions agreed with the Police Licensing Authority

  Prevention of Crime and Disorder

   

  1.              Whenever the Designated Premises Supervisor is not at the premises another responsible person will be nominated by the Designated Premises Supervisor as being the person to manage the premises.

  2.              A daily incident logbook detailing all incidents of note at the premises or in the immediate vicinity e.g. entry refusals and incidents of disorder etc. The log will detail the date, time, type of incident, brief circumstances, action taken and person dealing.  The log book will be made available for immediate inspection on request of the Police or other relevant authority for a period of at least 12 months.

  3.              A register will be maintained recording the details of door supervisors and security staff working at the premises.  The register will include the date, name, date of birth, SIA licence number and expiry date and the time duty commenced and ceased.

  4.              Door supervision will take place every day between 1900hrs and 0800hrs when licensable activity is taking place.

  5.              There will be a minimum of one door supervisor on duty during these times however the management will undertake to increase this number to maintain effective control as numbers of patrons increase.

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

  7.              Training of staff in relation to the prevention of underage sales, responsibilities of staff in monitoring customer consumption of alcohol, selling of alcohol to drunk persons and drug awareness will be documented.  It will record the time, date, subject and duration of training, persons attending and the person delivering the training. It will be produced for immediate inspection on request of the Police or other relevant authority for a period of at least 12 months.

  8.              All staff and managers will be made aware of the conditions attached to the Premises Licence.

   

  Protection of Children from Harm

   

  1.              Notices publicising the ‘Look 21’ initiative shall be clearly displayed at the entrance to the premises and behind the bar area at all times. 

   

  Conditions that have been agreed with the Environmental Health Authority

   

  1.              The supply of alcohol will be restricted to ‘on’ the premises only.

  2.              Live music will cease at 22.00hrs Saturday to Thursday and 23.00hrs on Friday.

   

  Public Nuisance

   

  1.              Live music will be restricted to 2 performances a week. (Sun - Sat)

  2.              Any one performance of Live Music to be limited to two hours duration, inclusive of any breaks.

  3.              The Licence Holder or nominated person will control the sound levels of the music/entertainment and will be responsible for instructing performers on the restrictions and controls to be applied.

  4.              The 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.

  5.              The Licence Holder or nominated person shall erect and maintain in a  prominent position at every exit a clear and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturb ace to local residents.

  6.              The Licence Holder shall nominate a senior member of staff as the person responsible for the management, supervision, compliance with licensing conditions and general control of sound levels of regulated entertainment.  This person will also be responsible for instructing performers on the restriction and controls to be applied.

  7.              The 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 action to reduce noise levels if they are found to be excessive/distinguishable above background levels at the nearest residential property.

  8.              A telephone number will be made available and displayed in prominent locations outside the premises for local residents to contact in the case of noise-nuisance associated with the premises.  The telephone number will be a direct number to the management who are in control during opening hours.  A record will be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call.  Records will be made available for inspection by authorised officers’ thoughout the trading hours of the premises.

   

  Steps that have been taken to promote the Four Licensing Objectives

   

  1.              We operate a ‘Look 21’ drinking policy and so everyone who our management, security and bar staff believe to be 21 or under will be asked for identification to prove that they are over 18 years old.

  2.              Security staff will be on site 24hrs during the Fastnet event.

  3.              Biffa and recycle bins available, the ‘floor’ is cleared regularly and the whole area will be kept tidy and smart.

  4.              The bar area will permit children under 18 provided they are accompanied by an adult over 21yrs of age.

  5.              Lost child area in place and all incidents are to be recorded.

   

  There will be no adult entertainment at this premises.

   

   

   

   

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached