Plymouth City CouncilLicensing Office

Choo Choo's

71 Union Street, Plymouth, Devon, PL1 3LU

Completed application 031878 which is a Cancellation/Surrender for Premises Licence from 16/11/2011 to 12/01/2012

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• provision of late night refreshment
• sale and supply of alcohol

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.

   

  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

   

  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).

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  No adult Entertainment

   

  Steps that have been taken to promote the Four Licensing Objectives

   

   

  1.              There are 10 CCTV Cameras with digital DVR Hard Drive and Monitor (with capacity up to 16 cameras) - Location as shown on plan - 28 day retention.

  2.              Any person looking or acting drunk will not be permitted into the premises or served by staff.

  3.              Zero tolerance to drug use and dealing with displayed warning notices and notification to Police of any suspicion of drug dealing with random searches.

  4.              Maintenance of CTV, Warning Notices and adequate lighting within premises to provide quality of images.

  5.              Sunday to Thursday

                2 door staff from 22.00hrs

  Up to 50 occupancy - 2 doorstaff

  Between 50 and 75 occupancy  - 3 doorstaff

                Between 75 and 100 occupancy - 4 doorstaff             

                Friday & Saturday

                Up to 02.00am each night when open at least 2 door supervisors on duty

                After 02.00am when open at least 4 door supervisors on duty

  6.              At least one door supervisor to maintain an active and visible presence on the front outer door and to be in possession of and actively monitor and use ‘clubwatch’ radio

  7.              All supervisors at entrance to the premises to wear high visibility jacket when provided by Police

  8.              All incidents of disorder inside the premises and outside if directly related to the premises to be reported to the Police if possible via CCTV Control at the earliest opportunity.

  9.              Regular glass collection with monitoring to dissuade ‘binge’ drinking,

  10.              Tables and dance floor to be kept clean, dry and tidy and plastic bottles to be used for alcoholic drink.

  11.              Toilets regularly cleaned and checked

  12.              Capacity: maximum occupancy 100 persons

  13.              No open bottle or drink containers will be taken from the premises

  14.              No sound from music to be audible 6 metres from fabric of nearest dwelling.

  15.              Windows to be kept shut during entertainment as will doors except for access and egress.

  16.              A senior member of staff will assess the impact of any noisy activities on neighbouring premises at the start and periodically during the activity/entertainment and take action to reduce noise levels if found necessary.

  17.              Patrons are asked to leave as quickly and quietly as possible at closing time and signs are displayed to that effect in the premises.

  18.              No persons under the age of 18 years will be permitted to enter the premises.

  20.              Any person looking under the age of 21 years will be asked to show  identification.

  21.              A valid passport, photo driving licence or proof of age standards scheme (PASS) will be accepted as proof of identification.

  22. Random drug searches will be undertaken as a condition of entry

   

                                                                           

   

   

  Conditions that have been agreed with The Environmental Health Authority

   

  Public Safety

   

  1.              Suitable signage at the exit to request the so-operation of patrons, in particular to make as little noise as possible when leaving the premises.

  2.              Free drinking water will be available at all times.

   

  Public Nuisance

  1.              A member of staff will be positioned at exits particularly at closing times.

  2.              Entrances will be provided with lobbies with automatic door-closers.  The lobbies are in use throughout the time of entertainment

  3.              Staff will check prior to entertainment, and periodically during the entertainment, that all windows and doors are shut.

  4.              At the designated location by the rails opposite the club, a senior member of staff (manager) will assess the impact of any noisy activities on neighbouring premises at the start of the activity/entertainment and periodically throughout the activity/entertainment and take action to reduce noise levels if they are found to be excessive/distinguishable above background levels at the nearest residential property.

  5.              Management will control the sound levels of the music/entertainment.

   

  After 02.00hrs until 08.00hrs

   

                Total sound containment within the premises

   

   

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

   

  Review of Premise Licence held at Licensing Sub Committee meeting of 12 July 2011

   

  Having taken into account all the relevant representations made, the members agreed to:

   

  1. Modify the conditions of the licence ad follows:

   

  Remove current condition 1 of Annex 2

  Add conditions 1 to 12 as provided by the police ( as attached) subject to the amendment of no.4 to the following:

  Any outside area within the control of the premises or occupied by patrons of the premises will be suitably managed and controlled.  The licence holder and DPS will ensure that any ouside area included in the licence will be controlled in a safe and effictive manner and will pay special attention to the impact that the use of the outside area has on the surrounding community.  The management must also ensure that the disignated smoking area is only used by smokers who when finished smokinre them asked to leave this area.

   

  Add the following conditions:

  The toilets are to be regularly cleaned and checked every half hour while the premise is open.

  A record is to be kept and signed by the duty manager;

   

  The sale by retail of alcohol for consumption on and off the premises is to cease Monday to Sunday at 03.00am

   

  There will be no admissions or re-admissions to the premises after 03.00am

   

  The premise is to close Monday to Sunday at 04.00am

   

  Amend condition 20 of Annex 2 to the following

   

  Any person looking under the age of 25 years will be asked to show identification

   

  2. Remove the DPS

   

   

   

• ANNEX 4 - PLANS

   

  As Attached