Plymouth City CouncilLicensing Office

Waterfront

9 Grand Parade, The Hoe, Plymouth, Devon, PL1 3DQ

Completed application 055720 which is a Change of Supervisor for Premises Licence from 18/05/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• provision of late night refreshment
• a performance of live music
• any playing of recorded music
• 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 making music
• entertainment facilities for dancing

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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Conditions agreed with Environmental Health Authority

   

  The use of the outside area will not commence before the start of normal trading hours and will cease at 23:30 hours.

   

  Steps taken in order to promote the four Licensing objectives

   

  1.                            Staff are trained in personal and social responsibilities, underage drinking, drugs, DDA, drunkenness, fire, health & safety and potential trouble areas.

  2.              Responsible service to avoid drunkenness.

  3.              A comprehensive range of soft drinks and hot beverages.

  4.              A substantial food/menu offering.

  5.              CCTV will be fitted, operated and maintained to the satisfaction of the Chief Officer of Police.

  6.              Fire alarm.

  7.              Air conditioning provided.

  8.              The fire safety measures with which the premises are provided, will be maintained in good working order, and their adequacy will be determined on a regular basis, by the carrying out of a fire risk assessment, as required by, and in accordance with the Fire Precautions (Workplace) Regulations.

  9.              Undertake to maintain a safe occupancy level.

  10.              Monitor noise to ensure that it is kept to a level so as not to annoy neighbours.

  11.              List of taxi numbers available - free phone.

  12.              Sound levels from amplified music will be controlled so as not to cause nuisance to neighbouring properties.

  13.              Plant and equipment i.e. cellar cooling 24 hours and kitchen extract system will not operate beyond 23:00 hrs.

  14.              Communication with neighbours to ensure the avoidance of noise nuisance.

  15.              Provision of litterbins.

  16.              If a young person, who appears to be 21 or under, asks for alcohol, they will be required to prove their age before they are served, unless the bar staff are certain (from personal knowledge or because they have seen proof of age on a previous occasion) that the person is 18 or over. The forms of proof of age that will be accept are a passport, a photo driving licence, or a proof-of-age card that has the PASS accreditation hologram on it. Photocopies will not be accepted. All staff will be trained in this policy and reminded about it frequently. Records of this training will be kept.

  17.              A notice advising customers that they may be required to prove their age before they can buy alcohol will be displayed at the bar.

  18.              If the premises has gaming machines they are clearly marked for use of over 18’s only.

  19.              If the premises has cigarette machines they are clearly marked for the use of over 18’s only.

   

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

   

  A)              Sale of Alcohol between 11:00 hours until 00:00 Sunday - Thursday and 11:00 hours until 01:00 Friday and Saturday;

  B)              Good Friday, Christmas Day and New Year’s Eve and Day to be as applied for;

  C)              Doors and windows will be kept shut during regulated entertainment;

  D)              Suitable signage will be positioned at exits to request the co-operation of patrons, in particular to make as little noise as possible when leaving the premises and asked to leave the vicinity quickly and quietly;

  E)              Staff will check prior to entertainment, and periodically during the entertainment, that all windows and doors are shut;

  F)              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;

  G)              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;

  H)              There be no regulated entertainment after 23:00 hours and there be no outside regulated entertainment at any time;

  I)              Late night refreshment be limited to being provided indoors only;

  J)              The gate and car park to be open for use by patrons during opening hours;

  K)              The licensee to liaise with the taxi operators to ensure that drivers are aware that they should arrive and depart as quietly as possible and not leave engines idling unnecessarily.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

• - Page 1 of 1