OutOut Bar

11 The Parade, Barbican, Plymouth, Devon, PL1 2JL

Completed application 042767 which is a Variation Application for Premises Licence from 15/04/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail of alcohol
• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• a performance of dance
• entertainment facilities for making music
• provision of late night refreshment

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  1. The first condition is that no supply of alcohol may be made under the 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. The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

     3.(1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

  (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 (other than any promotion or discount available to an individual in respect of alcohol for

  consumption at a table meal, as defined in section 159 of the Act);

  (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;

  (d) provision of free or discounted alcohol in relation to the viewing on the premises of a

  sporting event, where that provision is dependent on-

  (i) the outcome of a race, competition or other event or process, or

  (ii) the likelihood of anything occurring or not occurring;

  (e) 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.

   

  4. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  5.The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6.(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

  (2) 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 a holographic mark.

   

  7. The responsible person shall 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; and

  (b) customers are made aware of the availability of these measures.

   

  The following conditions shall come into force on the 28 May 2014

  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 the condition set out in paragraph 1-

   

  (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 rate 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 premises in respect of which there is in force a premises licence-

   

  (i)               the holder of the premises licence,

  (ii)               the designated premises supervisor (if any) in respect of such a licence, or

  (iii)              the personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d) “relevant person” means, in relation to premises in respect of which there is in force 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) “valued 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 (2) 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.

  4(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.

   

   

  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              Regulated Entertainment

   

  a)              Capacity -              First Floor              290

                              Second Floor              90

   

  B              Steps taken in order to promote the four Licensing objectives

   

  1.              a) An SIA door supervisor service will be in place after 22.00hrs during opening hours until close.

        b) An SIA door supervisor service will be in place for Bank Holiday Sundays from 15.30Hrs and 18th & 21st birthday celebrations from opening until closing.

                c) After midnight a minimum of 2 SIA registered door staff will be employed from 22.00hrs for the first 100 persons and then at a ratio of 1:100 persons thereafter.

   

  2.              Toughened or plastic glasses will be used at all times & preferably plastic on Bank Holiday weekends.

  3.              High resolution CCTV fully functioning, minimum of 10 cameras giving broad coverage of most areas & keeping records for 28 days.

  4.              Customers may only take drinks outside if covered by Street Café Licence.

  5.              Staff to ensure customers leave quietly including use of notices at exits directing such and last 15 minutes music to be passive.

  6.              All refuse, bottles etc. to be disposed of during daylight hours in order to minimize late night disturbance.

  7.              A limiter installed on the sound system to ensure volume of music is kept within the guidelines.

  8.              Sounds levels after midnight will be monitored and recorded, every 30 minutes to ensure no disruption to local residents and no volume escaping the building. The logs to be kept and made available to the responsible authorities and licensing officers for inspection.

  9.              a) All entrants to be ID’d both at door and at bar servery.

                b) On entry, colour coded hand stamps of different colours to be placed on both hands of both over 18’s and under 18’s so that they can be easily recognized by bar supervisors and door supervisors alike.

                c) Door supervisors to spot check club occupants from time to time throughout the function, in order to check hand stamps against drink content.

                d) No adult entertainment, including stripping or nudity will be performed if any under 18’s are present in the venue.

                e) A copy of condition 9 to be put up at pay booth.  A highlighted copy of this condition to be signed by person, or persons booking function, and retained by licensee on confirmation of booking of 18th party.

                f) An ‘Operational Policy’ document will be produced by Licensee/Management, outlining how 18th & 21st celebration parties will be run.  This document will be in agreement with the Police Licensing Department and all staff will be advised of when this policy is operating.

  10.              Require ID from any persons looking under the age of 25.

  11. ID must be in the form of either Passport, Photographic Driving Licence or Pass

                holographic approved ID.

   

  18th & 21st Party’s Operational Policy

   

  All staff must abide by these guidelines without fail during partys with age groups ranging between these years

  Door supervisors must check all entrants prior to their admittance.

  Best practice guidelines to be used: Photo Driving Licence, Portman/Citizen Card or Passport.

  Coloured stamp/UV stamp to be used on both hands of all under 18’s, indicating to all staff their inability to purchase or consume alcohol.

  Normal colour stamp to be used on both hands of all over 18’s.

  Anyone found not to be stamped in either format will be taken to be re-verified, re-stamped or asked to vacate the premises.  No stamp, No drink, No exception.

  Only one drink purchase, per person, per visit to the bar except where older family members are ‘Round Purchasing’ for older family members.

  All drinks to be dispensed into plastic receptacles.

  Staff may continue to ask for ID at the bar if they wish to in any event.

  Door supervisors/management will randomly check patrons drink throughout the evening.

  A bona fide guest list will be requested prior to party date.

  Anyone under the age of 18 seen drinking in the vicinity of the premises will not be permitted to enter.

  Anyone under the age of 18 turning up to attend the event (whether invited or not) who is obviously under the influence of alcohol, will be denied access.

  Nobody to take drinks of any kind outside the premises if having a smoking break.

  Signs pointing out the offence of purchasing for under-aged will be prominently displayed.

  All customers will be warned about the seriousness of purchasing for under-age drinkers.

  A copy of this policy will be given to party organiser on receipt of booking.

   

  C              Conditions agreed with Environmental Health Authority

   

                After 02:00 hrs until 08:00 hrs

                1.              Total sound containment within the premises.

   

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

   

  Conditions added after committee meeting of 15 april 2014

   

  1.              As the premises are in a cumulative impact area the variation of the permitted licensable activities opening hours of 12 noon to 04.00am Wednesday to Sunday, shall be permitted for a period of six months from the date of this variation and thereafter the said hours shall revert to those permitted prior to this variation unless the licence holder shall make a further application for a variation which shall be accompanied by a statement showing the impact of the variation on the cumulative impact area policy.

   

  2.              The occupancy capacity shall be reduced to 200 on Wednesdays and Thursdays.

   

  3.              Signs will be provided in prominent locations indicating free drinking water available on request. 

   

  4.              At times when premises are open after 22.00hrs a minimum of 2 SIA registered door staff will be provided for the first 100 patrons and one additional door staff for each 100 persons thereafter.

   

  5.              Existing conditions to be reinforced by a “challenge 25” policy.

   

  6.              During opening hours the management will control the exit of customers to only allow exist from the premises via doors to The Parade (except in the event of emergency).

   

  7.               The outside smoking area should be limited to a maximum of 20 people at any one time and this is to be controlled and regularly monitored by the management.

   

  8.              To keep the bay windows of the premises closed to avoid noise breakout

   

  9.              To publish a contact number which can be used by residents to report or raise concerns that they have about the premises

   

  10.              Amend existing condition 3 (Annex 2) to change the number of days for keeping CCTV records from 14 to 28 days

   

  11.              Amend existing condition 8 (Annex 2) to say “Sound levels after midnight will be monitored, and recorded, every 30 minutes to ensure no disruption to local residents and no volume escaping the building.  The logs to be kept and made available to the responsible authorities and licencing officers for inspection.”

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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