The Abbotsway

Southway Drive, Southway, Plymouth, Devon, PL6 6QW

Completed application 078910 which is a Review of Licence/Certificate for Premises Licence from 07/09/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• the sale by retail of alcohol
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment facilities for dancing
• provision of late night refreshment

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 (as defined in s.153(4) of the Licensing Act 2003) must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

  An irresponsible promotion means any 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 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 person is unable to drink without assistance by reason of a disability).

   

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

   

  The premises licence holder must ensure that an age verification policy is adopted in respect of the premises in relation to the sale or supply of alcohol. 

   

  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.

   

  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

   

  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; and

   

  (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 -

   

  (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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  1.              Capacity limit of 50 persons

  2.              On any day that the premise is open for the sale of alcohol beyond 23.00hrs bottled drinks will be decanted into toughened or plastic glasses

  3.              Customers carrying open or sealed bottles or glasses are not permitted to the premises at any time

  4.              We have an anti drug policy that has been agreed by the police

  5.              All fire doors are maintained effectively, self closing and will not be held open other than by approved devices

  6.              Amplified music will not be played at a level that will cause unreasonable disturbance to the occupants of any properties in the vicinity

  7.              Doors and windows will be kept closed whenever regulated entertainment is carried out and in any event after 23.00hrs. to reduce breakout of noise

  8.              The Licensee or a nominated deputy, shall effect full control over all sources of amplified music and shall where necessary arrange for the volume to be reduced or the playing ceased if in the opinion of the Licensing Authority, a noise nuisance is likely to be caused or is occurring.

  9.              Prominent, clear and legible notices are displayed at all exits requesting patrons to respect the needs of local residents and to leave the premises and the area quietly

  10.              The placing of bottles into receptacles outside the premises is only permitted to take place between the hours on 09.00 and17.00 to minimise the disturbance to nearby premises

  11.              There is a proof of age policy requiring the production of Identity Cards and all staff are trained in this policy

  12.              A sign will be displayed stating it is an offence for persons under the age of 18 years to purchase or attempt to purchase alcohol

   

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

   

  On 8 December 2009

   

  1.              To modify the conditions of the licence - with the addition of the following conditions

  i.              To prevent entertainment from being intrusive, noise emanating from the premises will not be clearly audible one metre from the façade of the nearest residential property.

  ii.              All regulated entertainment sources are to be channelled through a noise limiting device.  Such a noise limiting should be installed and set at a level agreed with the Environmental health Service.

  2.              Issue and informal warning to the licence holder that should she come before a future licensing sub committee the details of this committee will be brought to their attention

   

  Prevention of Crime and Disorder

   

  1.              CCTV to be installed to comply with the ‘UK Police Requirements for Digital CCTV Systems’

  2.              CCTV cameras to be kept clean and maintained at all time

  3.              Images will be retained for a minimum of 31 days

  4.              The system will have the capability of downloading the images to a recognised format

  5.              A register will be kept detailing all requests by Police for CCTV images.  This will include time and date of request, time, date and location of incident, time and date of hand on to Police

  6.              During trading hours, members of staff will be present who are trained to view and download images from CCTV at request of Police

  7.              The Police Licensing Department will be informed if the CCTV system is not working

  8.              No irresponsible drinks promotions or all inclusive drinks promotions will be offered

  9.              No bottles or glasses to be taken outside the premises.  Any drinks sold for consumption within the premises shall not be taken outside

   

  Protection of Children from Harm

   

  10.              Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18.  The following are the only forms of identification acceptable

   

  UK photo driving licence

  Passport

  PASS accreditation cards

   

  11.              Notices obtained from Police publicising the Challenge 21 initiative shall be clearly displayed at the entrance to the premises and behind the bar area at all times.

  12.              The DPS will ensure regular and documented training of staff in relation to the prevention of under age sales

   

  Further conditions attached after a hearing of the Licensing Sub Committee held on 12th March 2010.

   

  Public Nuisance

   

  1.              Percussion instruments shall not be used at the premises as part of any live regulated entertainment set.

   

  2.              Access and egress of patrons via the door opening into Frederick St East (accessed from the corridor by the toilets) shall not be permitted, except in the event of an emergency.

   

  Public Safety

   

  1.              A suitable air management system must be present and maintained on the premises in order to control the indoor temperatures during regulated entertainment: when doors and windows must remain closed.

   

   

  Review of Licensing Sub Committee 29th September 2020

   

  AGREED that it was appropriate and proportionate to impose the following conditions to ensure the promotion of the aforementioned licensing objective and the licence would therefore be modified as follows:

   

   

  a.              S.177A of the Licensing Act 2003 does not apply to the licence

  b.              In accordance with S.177A(4) of the Licensing Act 2003, the following conditions are added to the licence:

  i.              No regulated entertainment is permitted outside the premises. This includes any outdoor seating, beer garden, car park or temporary structure.

  ii.              Regulated entertainment is permitted inside the premises only

   

   

   

   

   

   

   

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• ANNEX 4 - PLANS

   

  As Attached