Plymouth City CouncilLicensing Office

Ocean Studio's

The Factory Cooperage, Royal William Yard, Plymouth, Devon, PL1 3RP

Completed application 075319 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 31/10/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• a performance of dance
• the sale by retail of alcohol
• a performance of live music
• any playing of recorded 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.

   

  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

   

  a) General - all four licensing objectives (b,c,d,e)

   

                       All staff who play a role in upholding these licensing objectives will receive induction training and regular refresher training sessions . They will be made aware of the social and legal responsibilities and implications when selling alcohol.

                       These objectives will be covered in the general risk assessment for the building as a whole and also the fire emergency plan.

   

  b) The prevention of crime and disorder

               

                       Suitably qualified door supervisors will be employed for all events where we see that the sale of alcohol could be a concern (such as parties and wedding receptions). They will partly be responsible for people entering and vacating the building as well as monitoring the happenings within by performing regular checks during walk rounds.

                       No one will be allowed to enter the premises with open or sealed bottles or glasses.

                       No one will be allowed to leave the premises with open or sealed bottles or glasses, unless it is a sealed vessel that has been purchased at Bakehouse Stores and is before the Stores closing time of 5pm.

                       An incident book will be maintained which will detail any occurrences of disorder and refused alcohol sales . The incident book will be kept on the premises and will be available for inspection

   

  c) Public safety

   

                       Induction and ongoing training sessions for all members of staff.

                       Capacity numbers for the spaces will be adhered to and monitored by door supervisors and general staff, this will help avoid overcrowding.

                       Sensible drinking measures will be enforced by members of staff including the using the 'Challenge 25' scheme and not offering or promoting drinks deals that could encourage excessive drinking.

                       The venue will be kept tidy including the regular removal of all drinks glasses and bottles in order to prevent any accident caused by broken glass and or trip hazards.

                       The employment of suitably trained door supervisors will add another level of public protection within the building.

                       First aid kits will be on hand should an accident occur. These will be regularly maintained and sufficiently stocked in regard to the venue's capacity numbers

  .

  d) The prevention of public nuisance

   

                       Staff and when employed, door supervisors, will monitor the leaving of the venue in terms of noise and rowdiness, encouraging people to leave quietly and in an orderly manner.

                       We will display signs asking patrons to exit the venue quietly and respectfully.

                       The DPS and members of staff will keep a strict control of the volume of any amplified live or recorded music and entertainment so as to not exceed levels that would be considered a nuisance to local residents.

                       A designated smoking areas will be monitored by staff and door supervisors to limit volume and be kept orderly. This will not be road side.

                       People will only be able to purchase alcohol to take off site until 5pm from the Bakehouse stores, apart from the occasional late night stores opening (once a week, no later than 9pm).

   

  e) The protection of children from harm

                       Adherence to the 'Challenge 25' scheme will avoid alcohol being sold to minors.

                       No one under the age of 18 will be permitted into the venue should an activity (such as an 18 film being shown) of an adult nature be taking place although this would be a very unlikely occurrence.

                       Other than the unlikelyhood of an ' 18 or over' censorshiped film, there will be no adult entertainment at this venue.

   

   

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

   

  None

   

• ANNEX 4 - PLANS AS ATTACHED

Premises Plans

• - Page 1 of 1