Nook Houseplants

48 Ebrington Street, Plymouth, Devon, PL4 9AD

Completed application 097281 which is a Transfer and Variation of DPS for Premises Licence from 20/09/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• sale and supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS (PREMISES LICENCE - ON 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 that have been taken to promote the four licensing objectives

   

  Prevention of Crime and Disorder

   

  1.              Noise levels will be kept low and people will be reminded of this when leaving the building by way of a sign.

  2.              Customers will not be permitted to leave the premises with any glass or bottles that belong to the premise.

   

  Public Safety

   

  1.              At least one qualified first-aider will be present on the premises during opening hours and first aid equipment shall be kept on the premises.

  2.              All parts of the premises will be adequately illuminated.

  3.              Smoking is only permitted on the outside balcony space.

   

  The Prevention of Public Nuisance

   

  1.              Noise levels from the premises shall be very low, no more than background music and general customer noise.

  2.              There will be no noise breakout from any ventilation systems.

  3.              Deliveries will also happen during the day.

  4.              All rubbish produced by the premises will be stored securely in a bin with a tight fitting lid.

   

  There will be no adult entertainment at this premises.

   

   

   

  Conditions agreed with the Police Licensing Authority

   

  General

   

  1.              All staff will be fully trained to perform their role.The will also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions.

  2.              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 12 months.

   

  Prevention of Crime and Disorder

   

  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 www.informationcommissioner.gov.uk

  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 recognisable 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 a clear head and shoulders image of every person entering or leaving the premises.

   

  Protection of Children from Harm

   

  1.              All bar staff supervisors and managers are trained in the legality and procedure of alcohol sales, using the SWERCOTTS 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.

   

  Conditions agreed with the Environmental Health Authority

   

  1.              No speakers for amplification of music shall be placed on the outside of the premises or on the outside of any building forming a part of the premises

  2.              After 21.00hrs no drinks are to be taken into the outside area and no consumption of drinks outside to occur after 21.00hrs.

  3.              Any moveable furniture will be fitted with rubber (or equivalent) feet.

  4.              Noise from the licensed premises must be contained and inaudible in any                residential properties above or adjacent.

  5.              The premises Licence Holder or nominated person shall ensure that the smoking area and adjacent street is regularly cleaned to ensure that all discarded smoking litter is removed and properly disposed.

  6.              The delivery of goods is restricted to between the hours of 09.00hrs and               17.00hrs.

   

  Conditions agreed  with The Environmental Health Authority at Variation October 2014

   

                       The maximum safe occupancy figure will be restricted to no more than 50 persons at any one time

                       Waiter/Waitress service will be available throughout the premises at all times

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

                       Consumption of alcohol at the bar area is subject to patrons waiting for tables or sitting at stools provided

                       Numbers of patrons drinking in the bar area (not awaiting tables) shall not exceed 10 persons

   

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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