Plymouth City CouncilLicensing Office

Plymouth Hoe

The Hoe, Plymouth, Devon, PL1 2PA

Withdrawn application 067447 which is a Minor Variation Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• a performance of live music
• 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
• provision of late night refreshment
• the sale by retail of alcohol

Additional Conditions

• Minor variation received on 15/5/18

  Due to the change in night two from the normal forma to a complete separate bespoke show overnight working on the 26th, 27th July will be required to complete a technical changeover in the time allotted.

  To allow for overnight derig works on the 26th and 27th July immediately post show at 23.00 until 07.00 to facilitate the removal and replacement of technical infrastructure on stage and removal from site.

  This is to facilitate the changeover of the MTV night one set up to the Pete Tong technical fit out for day two, this also includes technical derig on the 27th July to facilitate the show to move to Cardiff on the 28th July.

  Works will be confined to the stage area and backstage loading area.

  Variation would require the amendment of condition 2 and condition 3.

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  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.

   

  Exhibition of films

   

  (1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

   

  (2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

   

  (3) Where-

  (a) the film classification body is not specified in the licence, or

  (b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  (4) In this section-

  "children" means persons aged under 18; and

  "film classification body" means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

  Plays

   

  (1) In relation to a premises licence, which authorises the performance of plays, no condition may be attached to the licence as to the nature of the plays, which may be performed, or the manner of performing plays, under the licence.

   

  (2) But subsection (1) does not prevent a licensing authority imposing, in accordance with section 18(2)(a) or (3)(b), 35(3)(b) or 52(3), any condition which it considers necessary on the grounds of public safety.

   

  Door supervision

   

  (1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.

   

  (2) But nothing in subsection (1) requires such a condition to be imposed-

  (a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c.12) (premises with premises licences authorising plays or films), or

  (b) in respect of premises in relation to-

  (i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

  (ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

   

  (3) For the purposes of this section-

  (a) "security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies, and

  (b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

   

  Steps that have been taken to promote the Four Licensing Objectives

   

  General

  1              External event organisers are required to comply with the same standards as for PCC organised events.  They are required to complete an event booking form, produce requested documentation and agree to comply with our requirements.

  2.              It will work closely on site with both police and private security to aim to achieve a safe environment.

  3.              On events where the retail sale of alcohol is to take place, the contracted company will supply a personal licence holder to become the designated premises supervisor for the duration of the contract.

   

  Prevention of Crime and Disorder

  The Council will have

   

  1.              Specific meetings with police Ops planning for individual events regarding police presence where necessary.

  2.              SIA registered private security contracted in as necessary, with appropriate levels of staffing.

  3.              Reference to previous years events, levels of staffing adjusted according to results.

  4.              PCC stewards patrolling to report incidents, assist public and to be in two way communication by radio.

  5.              Events when alcohol is being sold only plastic glasses and bottles to be used.

  6.              Central control point for emergency services and council officers to liaise.

  7.              Communication list and protocols in place.

   

  Public Safety

  1.              .Specific meetings with emergency services for individual events including liaison and presentations to the Events Safety Advisory Group (ESAG) as required.

  2.              Adherence to the Purple Guide to Health, Safety and Welfare at Music and other Events regarding all levels of security and stewarding staffing, policing for public provision.

  3.              Adherence to HSE Managing Crowds Safety Guidance.

  4.              Production of all relevant documentation - risk assessment, fire risk assessment, evacuation plan, site maps, emergency procedures, communication list.

  5.              Maintaining of emergency access points, fire lanes and hydrants.  Follow relevant codes of practice regarding: marquees, fireworks, bonfires, laser shows, fire extinguishers.

  6.              Suspension of vehicle movement on site during events.

  7.              On site health and safety inspections where needed: fairs, circuses, fireworks.

  8.              Ensuring other event organisers meet and supply the information needed in our conditions of use of the Hoe.

  9.              Periodic inspections of other organisations events.

  10.              Provision of toilets and catering facilities.

  11.              Contracted stewarding, medical and stewarding companies at events.

  12.              Emergency lighting on site where necessary.

  13.              Checking sub-contractors documentation test certificates, food hygiene, LPG, test certificates for fairs, insurance.

   

  The Prevention of Public Nuisance

  1.              Liaise with Public Protection regarding environmental regulations, noise levels.

  2.              Consideration of the impact for local residents and businesses given. (amendment would continue with the following: A noise management plan will be provided as required).

  3.              Construction and de-rig of events not to be carried out between 21.30hrs and 07.00hrs (amendment would continue with the following: without suitable control measures, submitted to and agreed by the Public Protection Department regarding environmental regulations prior to the event, to prevent nuisance to nearby residents, are in place.)

  4.              Post event litter arrangements to be in place litter pick and waste removal.

  5.              Events to finish by 23.00hrs to reduce anti-social behaviour.

  6.              Hush generators only to be used overnight.

  7.              Attractions to have a wind down period to allow for public dispersal.

  8.              Traffic management plan to be in place for all large events and events which incur road closures.

  9.              To work with Police, PCC Highways and Transport Teams regarding the implementation of Traffic Management plans.

   

  Protection of Children from Harm

  1.              Lost children provision on site.

  2.              CRB checked staff to deal with this provision.

  3.              Facility to have announcements as laid out in the guidance forms.

  4.              Hoe events are socially inclusive and gamily orientated.

  5.              Liaison with police on site/social services out of hours team.

  6.              Stewards and security patrols to assist and aid.

  7.              A Personal Licence Holder will be on site throughout the time alcohol is being sold.

  8.              All alcohol sales will be subject to a Challenge 25 policy.

  9.              All staff will be trained in the Challenge 25 policy.

  10.              Training will be documented and available for inspection by relevant authorities.

   

  Conditions agreed with the Police Licensing Department

   

                        The police are to be advised in writing of all events using the premises licence where alcohol is being sold.  This document shall include the name and contact details of the DPS at least 4 weeks prior to the event.  The numbers expected at the event and the number of units and locations of the units being used to retail the sale of alcohol.

   

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

   

  The following was agreed at the Licensing Sub Committee meeting held on the  16 June 2015

   

                        The licence would be granted subject to the hours for the sale of alcohol being reduced to 10am to 11pm seven days a week

                        The retail sale of alcohol shall only be permitted on the premises at a pre-planned event where the notice required under the condition agreed with the Police in Annex 2.  Such a condition should include the name and contact details of the DPS at least 4 weeks prior to the event.

   

• ANNEX 4 - PLANS

   

  As Attached