Plymouth City CouncilLicensing Office

Barista Brothers

3 Gibbon Lane, Plymouth, Devon, PL4 8BS

Completed application 055379 which is a Suspension Lifted for Premises Licence from 22/04/2016 to 22/04/2016

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS (PREMISES LICENCE - ON & OFF SALES)

   

  No supply of alcohol may be made under this Premises Licence when there is no Designated Premises Supervisor in respect of the Premises Licence.

   

  No supply of alcohol may be made when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.

   

  Every supply of alcohol under this Premises Licence must be made or authorised by a Personal Licence holder.

   

  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.

   

  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).

   

  2.               The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

   

  3.              (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.

   

  4.               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.

   

  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.  For the purposes of this condition -

   

  (b)              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

   

  (c)              “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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Steps taken to promote the Four Licensing Objective

  1.              There will be no irresponsible drinks promotions.  The premises will be run predominantly as a restaurant/café and coffee shop with alcohol ancillary to the other products on offer.

  2.              There will be an adequate number of seats to allow all customers as referred to in the stated capacity to sit down if the premises is at full occupancy.

  3.              There will be a zero tolerance to offensive conduct.

  4.              There will be supervision of customers and areas will be checked regularly including toilets.

  5.              Management will control levels of noise from customers and advise customers of the need to respect local residents where appropriate.  Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises.

  6.              The Premises Licence Holder will ensure that sufficient measures are in place to remove litter or waste arising from their customers and to prevent such litter accumulating in the immediate vicinity of the premises - to include where necessary the provision to customers of sufficient receptacles for the depositing of waste materials such as food wrappings, drinks containers and smoking related litter.

  7.              From 23.00hrs onwards, a table service will be put in place so that the customers are seated and food and drinks are brought to them unless being bought as take away.

  8.              Customers will not be allowed to congregate around the coffee bar pick up area as this is purely for collection of drinks and not for customers to stand at and socialise.

  9.              The Premises Licence Holder or nominated person shall erect and maintain in a prominent position at every exit and on the rear wall facing Winifred Baker Court, a clear, legible and conspicuous notice requesting patrons avoid causing a noise, nuisance or disturbance to local residents.

  10.              Customers will be asked not to stand around talking in the street outside the premises or the neighbouring car park and asked to leave the vicinity quickly and quietly.

  11.              A specific taxi operator is to be nominated for staff and customers use.  The company’s telephone number is to be advertised to customers.  The operator and all drivers are to be made aware that they should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily.

  12.              Staff are to leave as quietly as possible.

   

  Conditions agreed with The Police Licensing Department

   

  Prevention of Crime and Disorder -

   

  1.              All staff shall be fully trained to perform their role. The Premises Licence Holder and/or Designated Premises Supervisor shall ensure that all staff are trained in the legality and procedure of alcohol sales, using the SWERCOTS on-line training pack or equivalent, the contents of the premises licence including times of operation, licensable activities and all conditions prior to undertaking the sale of alcohol and then at least every 12 months.

  2.              Training of staff shall be recorded in documentary form that will be available for inspection at the request at all reasonable times by an authorised officer from a relevant responsible authority. The records will be retained for at least 3 years.

  3.              A refusals register will be kept for any underage person refused service. The record will contain the time and date, the reason, the person (if known), the action taken and details of the staff member.

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

  5.              The refusals register and incident 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 3 years.

  6.              The Premises Licence Holder will ensure that a CCTV system is fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document (www.informationcommissioner.gov.uk) regarding installation of CCTV is provided at the premises.

  7.              The CCTV equipment shall be maintained in good working order and shall cover all areas of the premises to which the public have access including outside frontage of premises and capable of obtaining a clear head and shoulders image of every person entering or leaving the Premises.

  8.              Images shall be retained for a minimum of 28 days and the CCTV system shall be capable of downloading images to a recognisable viewable format.

   

  Public Safety

   

  1.              The Designated Premises Supervisor and/or Responsible Person shall ensure that no open drinking vessel (other than takeaway drinks), glasses or bottles are taken outside the premises.

   

  Public Nuisance

   

  1.              The smoking area at the frontage of the premises and the neighbouring carpark, is to be monitored and managed to the same standard inside the premises to prevent any public nuisance and loitering within the area.

   

  Protection of Children from Harm

   

  1.              All staff shall be trained in the requirements of the Challenge 21 policies.

  2.              All staff shall be suitably trained in the operating procedures for refusing service to any person who appears to be under age.

   

   

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

   

   

  Conditions Imposed/Agreed at the committee of 17 March 2015

   

  1.              The bin area at the rear of the premises to be enclosed and the bins to be kept in an internal area to prevent any nuisance from noise.

  2.              The 2 upstairs rear windows to be appropriately blocked up to provide total sound proofing to prevent any nuisance from noise.

  3.              Suitable receptacles for discarded cigarettes to be affixed securely on the external walls of the premises and in such a way to be accessible to anyone passing the neighbouring car park.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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