Brewer & Bean

6 Quay Road, Barbican, Plymouth, Devon, PL1 2JZ

Completed application 047105 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 09/12/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• 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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  A              Supply of alcohol

   

                Any existing conditions attached to existing justices licence

  1.  Food and non-alcoholic drinks as well as drinking water shall be available on the premises when they are trading during normal permitted licensing hours.

   

                The authorised hours for the sale of alcohol do not prohibit:

   

  1.              during the first twenty minutes after the end of authorised hours the consumption of the alcohol on the premises;

  2.              during the first twenty minutes after the end of authorised hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  3.              during the first thirty minutes after the end of authorised hours the consumption of  the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;

  4.              consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  5.              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  6.              the sale of alcohol to a trader or club for the purposes of the trade or club;

  7.              the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  8.              the taking of alcohol from the premises by a person residing there; or

  9.              the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or

  10.              the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  B              Conditions agreed with the Environmental Health Authority

   

  Public Nuisance

   

  1.              During regulated entertainment, to prevent entertainment being intrusive, noise emanating from the premises will not be clearly distinguishable above other noise one metre from the facade of the nearest residential property

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

  3.              Recorded music or live music will not be played or ‘piped’ to the outside seating areas that can be heard outside of the area indicated on your plan

   

   

   

  Conditions added at the Minor Variation of February 2014

   

  Prevention of Crime and Disorder

   

  1.              Any person managing or supervising staff in the sale of alcohol or other licensable activity in the absence of the DPS shall be the holder of a personal licence obtained from a nationally recognised body

  2.              An incident book shall be maintained to record any activity of a violent, criminal or anti-social nature. 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. The 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

  3.              All door staff shall be trained in the requirements of the Challenge 21 policies, the identification & recognition of drunks and the correct procedures to be followed when refusing service.

  4.              All door supervisors will wear high visibility clothing and display their SIA badge in an approved method (i.e. arm display badge holder) at all times

  5.              The Premises Licence Holder and/or Designated Premises Supervisor shall ensure that the following details for each door supervisor are contemporaneously entered into a bound register kept for that purpose:

  (i)              Full name,

  (ii)              SIA Certificate number and or badge number, or registration number of any accreditation scheme recognised by the Licensing Authority (including expiry date of that registration or accreditation),

  (iii)              The time they began their duty

  (iv)              The time they completed their duty.

  (v)              The full details of any agency through which they have been allocated to work at the premises if appropriate

   

  6.              The register shall be available at all reasonable times to an authorised officer of the Licensing Authority or a police constable. 

  7.              This register is to be kept at the premises at all times and shall be so maintained as to enable an authorised officer to establish the particulars of all door staff engaged at the premises during the period of not less than 12 months prior to the request.

   

  The Protection of Public Nuisance

   

  1.              Premise Licence Holder and/or Designated Premises Supervisor or Door Supervisors will be responsible for ensuring the safe, quiet and orderly dispersal of customers from the premises and the immediate vicinity of the premises.

   

   

  Public Safety

   

  1.              The Premises Licence Holder and/or Designated Premises Supervisor and/or Door Supervisors shall ensure that any outside area included in the Licence 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 area has on the surrounding community

   

   

   

   

   

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

   

  Conditions imposed at the Licensing Sub Committee held on 26th November 2013 in respect of a Review of the Premise Licence

   

  The Protection of Children from Harm

   

  1.              The Premises Licence Holder or Designated Premises Supervisor shall ensure that all bar staff, supervisors and managers are trained in the legality and procedure of alcohol sales, using the SWERCOTS on-line training pack or equivalent, prior to undertaking the sale of alcohol and then at least every six months.  Training shall be signed and documented and training records will be kept on the premises and be made available to an enforcement officer on request.  The documentation relating to training should extend back to a period of 12 months and should specify the time, date and details of the persons both providing the training and receiving the training.

  2.              All staff shall be trained in the requirements of the Challenge 25 policies.

  3.              All staff shall be suitably trained in the operating procedures for refusing service to any person who is drunk or is under-age or appears to be under-age.

  4.              The Premise Licence Holder or Designated Premises Supervisor shall ensure a sales refusal register is maintained to include details of all alcohol sales refused and the reason for the refusal.  The refusals register should be made available to an authorised enforcement officer on request.

  5.              A till prompt system shall be installed to assist staff by reminding them to challenge for ID when a sale is made.

  6.              The Premises Licence Holder or Designated Premises Supervisor shall have a written age verification policy in relation to the sale or supply of alcohol.  This policy will include documented steps taken to prevent under 18’s from purchasing alcohol and will specify a Challenge 25 proof of age requirement before sales of alcohol are made as approved by Plymouth City Council Trading Standards responsible authority.

  7.              The Licence Holder or Designated Premises Supervisor shall ensure that new bar staff, supervisors and managers, receive induction 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 an enforcement officer on request for up to 12 months.

   

   

• ANNEX 4 - PLANS

   

  As Attached