Plymouth City CouncilLicensing Office

Turtle Bay

Tamar House, Old Town Street, Plymouth, Devon, PL1 1DP

Completed application 063812 which is a Minor Variation Application for Premises Licence from 17/10/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• provision of late night refreshment
• the sale by retail of alcohol

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

   

  The Prevention of Crime and Disorder

  1.              A CCTV system shall be maintained and operated at the premises with cameras positioned both internally and externally.

   

  2.              Recorded CCTV images will be maintained and stored for a period of twenty-eight days and shall be produced to the Police or Licensing Authority upon request.

   

  3.              CCTV will be in operation at any time a person is in the premises.  Where CCTV is recorded onto a hard drive system, any DVDs subsequently produced will be in a format so it can be played back on a standard PC or DVD player.

   

  4.              Any person left in charge of the premises must be trained in the use of any such CCTV equipment, and be able to produce CCTV images to an officer from a responsible authority upon request.

   

  5.              Plans indicating the position of CCTV cameras to be submitted to the Police prior to the premises opening.

   

  6.              SIA registered door staff shall be employed at the premises, in accordance with a risk assessment, to be carried out by the DPS.  When employed, door staff will wear high visibility armbands.

   

  7.              When employed, a register of those door staff employed shall be maintained at the premises and shall include:

  (i)              the number of door staff on duty;

  (ii)              the identity of each member of door staff;

  (iii)              the times the door staff are on duty.

   

  8.              Open containers of alcohol shall not be removed from the premises, save for consumption in any delineated external area.

   

  9.              Staff will be trained in the laws relating to under age sales, and that training shall be documented and repeated at 6 monthly intervals.

   

  10.              A refusals book will be maintained at the premises, and made available to an officer of a responsible authority upon request.

   

  Public Safety

  1.              A first aid box will be available at the premises at all times.

   

  2.              Regular safety checks shall be carried out by staff.

   

  3.              Management shall liaise with the Fire Authority as necessary to ensure compliance with all necessary fire regulations.

   

  4.              The premises shall maintain an Incident Log and public liability insurance.

   

  The Prevention of Public Nuisance

  1.              Noise from amplified music or voices shall not be such as to cause a noise nuisance to occupants of nearby premises. 

   

  2.              No noise shall emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance.

   

  3.              The exterior of the building shall be cleared of litter at regular intervals.

   

  4.              Notices will be positioned at the exits to the building requesting customers to leave in a quiet manner.

   

  5.              Doors and windows at the premises are to remain closed after 11pm, save for access and egress.

   

  6.              A Dispersal and Smoking Policy will be implemented and adhered to as per our policy.

   

  7.              The emptying of bins into skips, and refuse collections will not take place between 11pm and 8am.

  8.              If an officer of the environmental health department of Plymouth City Council witnesses noise at a level that causes unreasonable disturbance to other occupants of the building in which the premises is located, a tamper proof noise limiter shall (within a reasonable period to be agreed with that offficer) be installed at the premises and set at a level in conjunction with the environmental health department.

   

  The Protection of Children From Harm

  1.              A “Challenge 21” Policy shall be implemented in full and appropriate identification sought from any person who appears to be under the age of 21.  The only acceptable forms of identification shall be photographic driving licences, passports, HM forces cards, or a form of identification with the "PASS" hologram.

   

  2.              Staff training will include the Challenge 21 Policy and its operation.  In particular, staff shall be trained to take such action as is necessary to prevent the sale of alcohol to persons over the age of 18 where those customers are engaged in the distribution of alcohol to persons under the age of 18.  The training must be given to a new member of staff before they commence employment and all staff must receive refresher training every 6 months.

   

  3.              Notices advising what forms of ID are acceptable must be displayed.

   

  4.              Notices must be displayed in prominent positions indicating that the Challenge 21 policy is in force.

   

   

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

  None

   

• ANNEX 4 - As attached

Premises Plans

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