Plymouth City CouncilLicensing Office

The Club House

Units 3,4,5, Royal William Yard, Plymouth, Devon, PL1 3GE

Withdrawn application 081519 which is a Variation Application for Premises Licence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 (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

   

  Steps taken to promote the Four Licensing Objectives

  General

  1.              The premises will be predominantly run as a licensed restaurant

  2.              All staff shall be suitably trained for their job function for the premises the training shall be written into a programme of ongoing review and will be made available to a responsible authority on reasonable request.

   

  Prevention of Crime and Disorder

  1.              CCTV camera shall be installed and maintained in consultation with the police crime prevention office

  2.              The licensee shall ensure that the CCTV is maintained in working order, that images are kept for 28 days

  3.              Other than in the areas designated for drinking and indicated in this application, no persons shall be permitted by the designated premises supervisor or persons acting under his/hers authorisation to remove alcohol from the premises in an open container

  4.              A designated member of staff will monitor the outside area when in use

  5.              Will be a member of Pubwatch or a related scheme

  6.              SIA registered doorstaff shall be employed on Friday and Saturday evenings from 20.00hrs when the premises offers regulated entertainment

  7.              Off sales are to be taken off the area marked on the licensed plan in sealed containers only

   

  Public Safety

  1.              Appropriate fire safety measures will be installed and maintained as shown on the drawings accompanying this application

  2.              The licensee shall have a procedure in place to ensure fire exits are checked regularly and clear from obstruction at all times

  3.              Notices detailing the actions to be taken in the event of fire or other emergencies, including how the fire brigade should be summonsed, are prominently displayed and protected from damage, vandalism and deterioration

  4.              The premises shall be provided with fire fighting equipment which shall be readily available for use, serviced regularly by appropriately qualified persons and records of such maintenance kept on site for inspection by authorised officers

  5.              Emergency lighting and smoke detectors shall be installed and inspected at appropriate intervals to ensure they are in good working order

  6.              The outside seating area will be limited to the area marked on the plan attached to the premises licence

  7.              All emergency doors shall be maintained effectively self closing and not held open other than by an approved device.             

  8.              The edges of the treads of steps shall be maintained so as to be conspicuous

  9.              Curtains and hangings shall be arranged so as not to obstruct emergency signs

  10.              The approved arrangements at the premises, including the means of escape provisions, emergency warning equipment, the electrical installation and mechanical equipment, shall at all material times be maintained in good condition and full working order

  11.              The means of escape provided for the premises shall be maintained unobstructed, free of trip hazards, be immediately available and clearly identified in accordance with the plans provided

  12.              All exit doors shall be available at all material times without the use of a key, code, card or similar means

  13.              All certificates listed below shall be submitted to the Local Authority upon written request:

  I.              Any emergency lighting battery or system

  II.              Any electrical installation

  III.              Any emergency warning system

   

  14.              The premises licence holder shall ensure that a safety check is carried out before the admission of public, and to maintain for a reasonable period of time details of such checks in a logbook

  15.              The position of furniture in the outside area will not be maintained in the designated area and (if appropriate) by utilising barriers or ropes

   

  Prevention of Public Nuisance

  1              Doors and window will be closed except for access to and aggress from the premises during any regulated entertainment

  2              No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance

  3              The premises licence holder shall, prior to the commencement of the licensable activities authorised by this licence, use their best endeavours to establish a relationship with a local taxi company in order to agree collection and departure points as well as appropriate methods of working (i.e. no beeping of horns)

  4              The premises licence holder or club official shall ensure that prominent, clear and legible notices are displayed at all exits requiring customers to respect the needs of local residents and to leave the area quietly

  5              A refuse store of sufficient size shall be provided

  6              No rubbish including bottles will be moved, removed or placed in outside areas between 21.00hrs and 08.00 hrs

  7              A telephone number will be made available and displayed in prominent locations in the Brewhouse and Clarence buildings for local residents to contact in case of noise nuisance or anti social behaviour by persons 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 time, date and information of the caller, including the action taken following the call.  Records will be made available for inspection

  8              Late night refreshment is restricted to consumption on the premises

  9              There will be pneumatic tyres fitted to waste and refuse trolleys to limit noise nuisance

  10              Suitable receptacles will be provided for cigarette litter in the outside area

  11              The chairs and tables disclosed on the licensing plans that are immediately outside or next to the premises will not be used for smoking

  12              Smoking will only be permitted on the strip of tables and chairs on the waterside

  13              No tables or chairs nor any customers will be permitted at the rear of the premises (nest to the courtyard)

  14              A policy and procedure will be in place to determine where staff members are to smoke

  15              The outside areas are to be monitored and supervised by management and staff during the hours that the premises is open to the public

  16              No regulated entertainment to take place outside

   

                Live Music

  Live music shall be limited to no more than 2 performers

  Live music shall be between the hours of 19.00hrs and 22.00hrs on any day

  No more than one live music event in any 7 day period (other than in December)

  External noise monitoring to be undertaken to check music nuisance or disturbance outside the premises

   

  Protection of Children from Harm

  1.              All staff shall be aware of the law regarding the refusal of service to any person who is drunk or is underage and shall be aware of how to seek ID from anyone who  appears to be underage

  2.              All staff training on the issue of underage sales to be documented and made available to responsible authorities upon request

  3.              Persons under the age of 18 shall only be admitted onto the premises in the company of an adult

  4.              A challenge 21 policy is employed whereby those who appear to be under the age of 21 and are attempting to purchase alcohol will be asked to provide identification

  5.              Staff will be trained in this policy and records will be kept

  6.              There shall be no adult entertainment, services, activities, other entertainment or matters ancillary to the use of the premises that may give rise to concern in respect of children

   

  1.             

               

   

   

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

   

  At the Sub Licensing Committee held on 4 September 2012 the following special conditions were imposed

   

  1.              Suitable signage will be positioned at the exits to request the cooperation of patrons in particular to make as little noise as possible when leaving the premises and also to ask them to leave the vicinity quickly and quietly

  2.              On a Friday and Saturday night recorded music is only permitted until 23.00hrs

  3.              The outside area is to be kept clean, tidy and free of litter

   

  Conditions agreed with the Environmental Health Authority

  Public Nuisance

  1.              Substantial food will be available at all times.  (Subject to a permitted wind-down period before the terminal hour of service).

  2.              Management will control levels of noise in the outside area and advise customers of the need to respect local residents where appropriate.

  3.              Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises.

  4.              The external seating area will be restricted to a capacity of 126 covers (as per plan).

  5.              The supply of alcohol to the external seating area will be by waiter/waitress service.

  6.              Patrons consuming alcohol in the external seating area must be seated at the chairs provided.

  7.              No tables to be allocated to customers after 21.00hrs in the outside area, and the outside area must be cleared by 22.30hrs.

   

   

   

   

• ANNEX 4 - PLANS

   

  As Attached.

   

Premises Plans

• - Page 1 of 2
• - Page 2 of 2