The Abbotsway

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

Premises Licence PA0173 from from 11/11/2021 to indefinite

Licence holder(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• sale and supply of alcohol
• 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.

   

   

  Exhibition of films

   

  (1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

   

  (2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

   

  (3) Where-

  (a) the film classification body is not specified in the licence, or

  (b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  (4) In this section-

  "children" means persons aged under 18; and

  "film classification body" means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

  Plays

   

  (1) In relation to a premises licence, which authorises the performance of plays, no condition may be attached to the licence as to the nature of the plays, which may be performed, or the manner of performing plays, under the licence.

   

  (2) But subsection (1) does not prevent a licensing authority imposing, in accordance with section 18(2)(a) or (3)(b), 35(3)(b) or 52(3), any condition which it considers necessary on the grounds of public safety.

   

  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

   

  Steps taken to promote the four licensing objectives:

   

  Conditions changed following Minor Variation 14 May 2015

   

  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 receive induction training prior to the sale of alcohol and then trained at least every 12 months in the contents of the premises licence including times of operation, licensable activities and all conditions.

   

  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.

   

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

   

  The CCTV equipment shall be maintained in good working order, shall cover all areas of the premises to which the public have access and include facial recognition either at entrance or exit point.

   

  Images shall be retained for a minimum of 14 days and CCTV system shall be capable of downloading images to a recognizable viewable format.

   

  A refusal register will be kept for any person refused service.  The record will contain the time and date, the reason, the person (if known), the action taken and details of the person responsible for the management of the premises at the time of the incident.

   

  An incident book shall be maintained to record any activity of any violence, criminality 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.

   

  A list of banned individuals is to be recorded in the incident book with name, description of individual, length of ban and reason.

   

  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 12 months.

   

  There will be a drug prevention policy in place which staff will be trained in the contents of the policy.

   

  The Condition in  (Annex 3) has been amended to: The requirement to employ SIA registered Door Supervisors from 22.00hrs should the premises be open afer midnight to be

   

  modified and the use of Door Supervisors to be dependent on the venues event risk assessment.

   

  Public Safety

   

  The Designated Premises Supervisor and/or responsible person shall not allow any open drinking vessel, glass or bottle to be taken from the licensed area.

   

  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.

   

  Prevention of Public Nuisance

   

  The Designated Premises Supervisor and/or responsible person shall ensure that outside areas of the premises will be controlled in a safe and effective manner to the same standard operated within the premises building and will pay special attention to the impact that the use of the outside areas haves on the surrounding community.

   

  Clear signage is to be on display by the exits requesting that patrons leave the premises quietly and respect the local residents.

   

  Protection of Children from Harm

   

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

   

  A notice shall be displayed at the counter advising customers that they will be required to prove their age when challenged by staff for proof of age.

   

  Conditions agreed with Environmental Health

   

  The Prevention of Public Nuisance

   

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

   

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

   

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

   

  4.              A senior member of staff (manager) will assess the impact of any noisy activities on neighbouring premises at the start of the activity/entertainment an 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.

   

  5.              Management will control the sound levels of the music/entertainment before midnight.

   

  6.              To prevent entertainment being intrusive, noise emanating from the premises will not be clearly audible 1 meter from the façade of the nearest residential property.

   

  7.              Between 00.00hrs and 2.30hrs. Noise emanating from the premises will not be clearly distinguishable above back ground levels 1 meter from the façade of the nearest residential property.

   

  8.              The outside area shall not be used by patrons after 23.00hrs for the purpose of an external drinking area.

   

  9.              At least 15 minutes before the last sale of alcohol the atmosphere will be adjusted to create a calm period of wind down. An example will be the turning up of lights and switching off of any background music.

   

  10.              The outside areas will be closed and cleared of customers after the hours of 23.00hrs.

   

  11.              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.

   

  12.              The placing of bottles into receptacles outside the premises is only permitted to take place between the hours of 09.00hrs and 17.00hrs to minimise the disturbance to nearby premises.

   

  13.              All ventilation and extract systems are designed and maintained so as to prevent noxious smells causing a nuisance to nearby properties.

   

  14.              The premises has a waste collection contract with Plymouth City Council for the removal of waste weekly.

   

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

   

  16.              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 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.

   

   

   

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

   

  (The below condition is amended in Annex 2 following minor variation on 14 May 2015)

   

  The Condition in  (Annex 3) has been amended to: The requirement to employ SIA registered Door Supervisors from 22.00hrs should the premises be open afer midnight to be

   

  modified and the use of Door Supervisors to be dependent on the venues event risk assessment.

   

  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

   

• ANNEX 4 - PLANS

   

  As Attached