Pier One

135 Hoe Road, The Hoe, Plymouth, Devon, PL1 3DE

Completed application 053587 which is a Transfer Application for Premises Licence from 21/01/2016 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• 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
• the sale by retail of alcohol
• a performance of live music

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

   

  General

  1.              All staff shall be suitably trained for their job function in the operating standards for the premises. The training shall be under constant review.

  2.              All staff will be fully trained to perform their role. They will also be trained in the

  contents of the premises licence including times of operation, licensable activities

  and all conditions.

  3.              The training will be recorded in documentary form that will be available for

  inspection on at the time of a request by a member of any relevant authority.

  The records will be retained for at least 12months.

  4.              The premises shall primarily operate as a cafe and food led operation in which customers are shown to their table.

  5.              Plastic drinking vessels for outdoor events.

   

  Prevention of Crime and Disorder

   

  1.              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.

  2.              The incident book will be available for inspection at the time of request by a

  member of any relevant authority. The records will be retained for at least

  12months.

  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.              No customers carrying open or sealed bottles cans or other receptacles containing alcoholic liquor shall be admitted to the premises at any time that the premises are open to the public.

  5.              Except for the sale of a bottle of wine for consumption with a meal in a designated area of the premises, no bottles containing beverages of any kind, whether open or sealed, shall be given to customers on the premises whether at the bar or by staff service away from the bar

  6.              No Bottles or glasses will be taken from the premises by customers

  7.              The Licence holder and Designated Premises Supervisor will ensure that any outside area included in the licence will be controlled in a safe and effective manner to thesame 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.

  8.              With the exception of wine any alcoholic beverage supplied by the premises for consumption in the outside area will be supplied in plastic or Polycarbonate vessels.

   

  CCTV

  1.              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.

  2.              The CCTV will cover all areas of the premises to which the public have access

  including any outside areas

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

  4.              The system will be capable of downloading images to a recognizable viewable

  format.

  5.              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.

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

  7.              The Premises Licence Holder or nominated person shall provide and maintain

  suitable and sufficient CCTV surveillance systems to a specification provided by the Police Licensing Team, Charles Cross Police Station, Plymouth

   

  Protection of Children from Harm

  1.              The Licence Holder or nominated person 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 adults from purchasing alcohol for or on behalf of children under 18s and will specify a Challenge 25 proof of age requirement before sales of alcohol are made as approved by the Plymouth City Council Trading Standards responsible authority.

  2.              Glasses will be collected frequently to prevent the possibility of partly left alcohol being consumed by the under aged.

  3.              The Licence Holder or nominated person shall ensure that new bar staff supervisors and managers are trained in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol.

  4.              Training will be repeated at least every 4 months and will be recorded in

  documentary form that will kept at the premises and be available for inspection at the time of request by a member of any relevant authority. The records will be retained for at least 12months.

  5.              The entry of children to projection or films will be assessed at each event, due to the fact that some educational and artistic content may not be suitable.

  6.              There will be no adult entertainment at this premise.

   

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

   

  Conditions agreed at the Licensing Sub Committee held on 23rd April 2013

   

  The Prevention of Public Nuisance

  1.              Live Music shall be restricted to 23.00hrs only

  2.              Live Music shall be restricted to Indoors only

  3.              Recorded Music shall cease outdoors at 21.00hrs

  4.              The Removal of Late-night Refreshment as a licensable activity (as discussed with applicant)

   

  Public Nuisance

  1.              The foreshore area must be cleared by 21.00hrs other than for the use of a designated smoking area

   

  2.              No drinks will be permitted to be taken in the foreshore (designated as all areas other than El Café in the submitted plan) area after 21.00hrs

               

  3.              Any tables and chairs in the foreshore area are to be removed and stored by 21.30hrs

   

  4.              Management will control levels of noise in the outside areas. Any patrons causing any disturbance or disorder will be asked to leave the premises

   

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

               

  6.              The Premises Licence Holder shall nominate a senior member of staff as the person responsible for the management, supervision, compliance with licensing conditions and general control of regulated entertainment.  This person will also be responsible for instructing performers on the restrictions and controls to be applied.

               

   

  7.              No music or speech shall be relayed via external  speakers other than for events.

  8.              The performance of regulated entertainment outdoors will be limited to a maximum duration of 6 hours inclusive of any breaks.

  9.              The performance of regulated entertainment outdoors will be limited to one session per week and no more than 12 in a Calendar year where the prior approval of the licensing authority has been obtained.

   

  10.              (i) The Premises Licence Holder or nominated person shall carry out observations at the facade of the properties at Grand Parade, West Hoe, on at least 20 minute intervals whilst regulated entertainment is taking place to establish whether there is a noise breakout from the premises

  (ii)If the observation reveals noise breakout at the above location is distinguishable above background levels then the volume of music shall be reduced to a level that is not distinguishable.

  (iii) A record of such observations shall be kept in a log for that purpose, such a log shall be completed immediately after the observation detailing the time, location and duration of the observation, the level of noise break out and any action taken to reduce noise breakout.

  (iv)Such records must be made available at all times upon request to a police officer or an officer of the local authority.

  11.              A telephone number will be made available and displayed in prominent locations on the premises for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons or activities 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 the time, date and information of the caller, including action taken following the call.  Records will be made available for inspection either by any relevant responsible authority throughout the trading hours of the premises.

   

  Public Safety

  1.               The licence holder shall determine the occupant capacity of the premises on the basis of     documented risk assessment(s).

  (i)The risk assessment(s) must take into account all relevant factors including space, means of access and egress, toilet provision, load-bearing capacity of floors, water hazards, etc and must be reviewed regularly, and if circumstances change.

  (ii)Where necessary separate occupancy levels must be set for different parts of the premises.

  (iii)The premises licence holder shall ensure that they consult the Plymouth City Council Environmental Health Department and any other relevant authority (for example the Fire Rescue Service regarding emergency evacuation limitations) as to the occupancy figure. Confirmation of the consultation and any outcomes shall form an integral part of the risk assessment on which the capacity figure is based.

  (iv)The capacity figure proposed by the premises licence holder shall be notified to the Licensing Authority in writing prior to the commencement of the licence.

  (v)Measures must be put in place to ensure that the capacity is not exceeded at any time.

  (vi)All documentation pertaining to the proposed figure must be kept on the premises and must be available immediately on request to any authorised officer of the Licensing Authority or a constable.

  (vii)The premises licence holder shall regularly review, update and amend any risk assessments particularly following any changes to the layout or operation of the venue. Such reviews etc shall be fully documented and form an integral part of the risk assessment.

  2.               Adequate sanitary accommodation shall be provided at the premises in accordance with either the District Surveyors Technical Standards for places of entertainment or the BS 6465-1:2006+A1:2009 Sanitary installations. Code of practice for the design of sanitary facilities and scales of provision of sanitary and associated appliances standard for sanitary provisions or any British Standard replacing or amending the same.

   

  Protection of Children from Harm

   

  1.              Every poster, advertisement, photograph sketch, synopsis or programme relating to a film (other than a current news-reel) exhibited, or to be exhibited at the premises, shall indicate clearly the category of the film.

   

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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