Bistro 5-11

Ground Floor, Studio 5-11, 5 Millbay Rd, Plymouth, PL1 3LF

Withdrawn application 041789 which is a Change of Supervisor for Premises Licence

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

   

  Steps taken to promote the Four Licensing Objectives

   

  1.              Door supervisors for large parties

  2.              No glasses to be taken outside

  3.              Signs requesting guests to leave quietly

  4.              Under 18’s not permitted after 19.00hrs unless accompanied by an adult over 21 and sat at a table eating a meal

   

  Conditions agreed with the Environmental Health Authority

   

  Public Nuisance

  Outside Area

  1.              The outside licensable area must be cleared of patrons by 22.30hrs, other than for the use of the designated smoking area.

  2.              No drinks will be permitted to be taken outside the premises after 22.30hrs.

  3.  Management will control levels of noise in the outside area and advise customers of the need to respect local residents where appropriate.  Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises.

   

  General

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

  5.              Any performance of live music will be no longer than two and a half hours in length (excluding breaks) and no more than 2 occasions per week.

  6.              Live music will finish by 23.00hours.

  7.              A senior member of Staff (Manager) will assess the impact of any noisy activities on neighbouring residential premises at the start of the activity/entertainment and periodically throughout the activity/entertainment. 

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

  9.              Before 11pm

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

  10.              Between 11pm and 12 midnight

  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. 

  11.              Between 12 Midnight and 1am

  Noise emanating from the premises will not be distinguishable above background levels 1 metre from the façade of the nearest residential property.

  12.              The delivery of goods is restricted to taking place between 08.00hrs and 18.00hrs.

  13.              Bottle skips and bins containing cans or bottles will not be emptied outside after 11pm but will be dealt with the next day during normal working hours. 

   

   

  Conditions that have been agreed with the Police Licensing Authority

   

  General

  1.              A challenge 21 policy will be operated within the premises

  2.              There will be a written policy detailing actions to be taken in respect of any violence, service of alcohol, emergency situations and opening /closing procedures.

   

  Prevention of crime and disorder

  1.              Where the premises remain open after midnight door supervisors will be employed from 23.00hrs to close of business

  2.              Where the premises are used for special occasions such as birthday parties, family occasions and discotheques a minimum of two door supervisors will be employed

  3.              The Premises Licence holder and DPS will not allow any drinking vessel, glass or bottle to be taken from the premises.

  4.              The Premises Licence Holder will ensure that a CCTV system which is fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document regarding installation of CCTV

  5.              The CCTV will cover all areas of the premises to which the public have access including any outside areas

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

  7.              The system will be capable of downloading images to a recognisable viewable format

  8.              At all times the premises are open for business a member of staff will be present who is capable of operating the system and downloading images at the request of police or a member of a responsible authority.

  9.              The CCTV system will be capable of obtaining clear facial recognition images and clear head and shoulders image of every person entering or leaving the premises

  10.              The Premises Licence Holder or nominated person shall notify the Police Licensing Team, Charles Cross Police Station, Plymouth on any occasion when the CCTV or radio system is inoperative during normal opening hours and shall then notify them when measures have been taken to restore the system

   

  Protection of Children from Harm

  1.              All staff employed at the premises shall be trained in the requirements of the Challenge 21 policies, the identification & recognition of drunks and the correct procedure to be followed when refusing service

  2.              The licence holder or nominated person shall ensure that bar staff, supervisors and managers are trained in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol.  Training shall be signed and documented and training records be made available to a member of any responsible authority on request

  3.              The licence holder shall ensure a sales refusal register is maintained to include details of all alcohol sales refused and the reason for refusal.  The refusals register should be made available to any responsible authority on request

  4.              The training will be repeated at least every 4 months for all staff and will be recorded in documentary form that will be available for inspection at the time of request by a member of any responsible authority.  The records will be retained for at least 12 months.

   

  Conditions that have been agreed with the Child Protection Authority

   

  1.              Premises to implement a Challenge 21 or 25 policy

  2.              All customers who appear to be under the age of 25/21 years of age shall be asked to produce ID to purchase alcohol.  The following photo ID to purchase are the only forms of identification acceptable

   

                UK photo licence

                Passport

                PASS accredited cards

   

  3.              Notices publicising the Challenge 21/25 scheme shall  be clearly displayed on the premise

   

   

   

   

   

   

   

   

   

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached