Zephyr Burgers

8 Drake Circus, Plymouth, Devon, PL4 8AQ

Completed application 086298 which is a Transfer and Variation of DPS for Premises Licence from 17/05/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• an exhibition of a film
• provision of late night refreshment
• the sale by retail of alcohol
• a performance of live 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.

   

  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 CONSISTANT WITH THE OPERATING SCHEDULE

   

                Steps taken to promote the Four Licensing Objectives

   

  1.              The performance of music will be non amplified.

  2.              For private events and functions children under 18 will be allowed until midnight, however normal working day until 21.00Hrs.

  3.              Contracts will be issued upon booking of all private promoted events and functions to ensure all conditions of the licence are upheld.

  4.              A doorman will be provided by us for any private functions.

  5.              The premise licence holder and/or DPS will ensure door supervisors are properly briefed and trained to manage queues in a safe and efficient manner.

  6.              The Premise Licence Holder and the DPS will maintain a register of door supervisors employed at the premises.

  7.              The register will detail the day, time and date the door supervisor commenced duty.

  8.              Two door supervisors will be employed between 00.00 to close of business of Fridays & Saturdays.

  9.              The premises licence holder and the DPS will maintain a register of door supervisors employed at the premises.

  10.              The premises licence holder and/or the DPS will ensure door supervisors are properly briefed and trained to manage queues in a safe and efficient manner

               

                General

   

  1.              All staff shall be suitably trained for their job function in the operating standards for the premises. The training shall be under constant review.

  2.              All staff will be fully trained to perform their role. They will also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions.

  3.              The training will be recorded in documentary form that will be available for inspection on at the time of a request by a member of any relevant authority. The records will be retained for at least 12months.

  4.              There will be no sale of draft beer or cider at these premises

  5.              The premises shall only operate as a cafe and food led operation in which customers are shown to their table

  6.              The premises will operate a table waiter service only

  7.              The ground floor will operate as a restaurant and bar

  8.              The basement floor of the premises shall operate as a bar and overflow seating for the restaurant.

   

  Prevention of Crime and Disorder

  1.              An incident book shall be maintained to record any activity of a violent, criminal or anti social nature. The record will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident.

  2.              The incident book will be available for inspection at the time of request by a member of any relevant authority. The records will be retained for at least 12months.

  3.              All staff shall be suitably trained in the operating procedures for refusing service to any person who is drunk or is under age or appears to be under age.

  4.              No customers carrying open or sealed bottles cans or other receptacles containing alcoholic liquor shall be admitted to the premises at any time that the premises are open to the public.

  5.              Except for the sale of a bottle of wine for consumption with a meal in a designated area of the premises, no bottles containing beverages of any kind, whether open or sealed, shall be given to customers on the premises whether at the bar or by staff service away from the bar

  6.              No Bottles or glasses will be taken from the premises by customers

  7.              The rear outside area will not be used beyond midnight other than for smoking

  8.              The basement area of the premises will operate with polycarbonate glasswear only.

  9.              The Licence holder and Designated Premises Supervisor will ensure that any outside area included in the licence will be controlled in a safe and effective manner to the same standard operated within the premises building and will pay special attention to the impact that the use of the outside area has on the surrounding community.

  10.              The Premises Licence Holder will ensure that a CCTV system which is fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document regarding installation of CCTV.

  11.              The CCTV will cover all areas of the premises to which the public have access including any outside areas

  12.              Images will be retained for a minimum of 31 days

  13.              The system will be capable of downloading images to a recognizable viewable format.

  14.              At all times the premises are open for business a member of staff will be present who is capable of operating the system and downloading images at the request of police or a member of a responsible authority.

  15.              The CCTV system will be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises.

  16.              The Premises Licence Holder or nominated person shall provide and maintain suitable and sufficient CCTV surveillance systems to a specification provided by the Police Licensing Team, Charles Cross Police Station, Plymouth

  Protection of Children from Harm

  1.              The Licence Holder or nominated person shall have a written age verification policy in relation to the sale or supply of alcohol.  This policy will include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18s and will specify a Challenge 25 proof of age requirement before sales of alcohol are made as approved by the Plymouth City Council Trading Standards responsible authority

  2.              The Licence Holder or nominated person shall ensure that new bar staff supervisors and managers are trained in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol. 

  3.              Training will be repeated at least every 4 months and will be recorded in documentary form that will kept at the premises and be available for inspection at the time of request by a member of any relevant authority. The records will be retained for at least 12months

  Public Safety

  1.              CCTV monitoring to all outside areas.

  2.              All equipment will be maintained in good order and in a safe condition at all times.

   

  The Prevention of Public Nuisance

  1.              The Premises Licence Holder or nominated person shall erect and maintain in a prominent position at every exit a clear and conspicuous notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents and to leave the area quietly.

  2.              An announcement will be made prior to closing requesting patron’s co-operation in leaving the premises and vicinity as quickly and quietly as possible.

  3.              After 21.00hrs all outside areas will be for ‘smoking only’ and the Premises Licence Holder or nominated person will take reasonable steps to prevent the consumption of any drinks in this area.

  4.              30 minutes prior to closing time o’clock recorded music will be reduced or stopped to create a wind-down period.

   

  5.              The Premises Licence Holder or nominated person will assess the impact of any noisy activities on neighbouring premises at the start of the entertainment and periodically throughout the entertainment and take action to reduce noise levels if they are found to be distinguishable above background levels at the nearest residential property.

  6.              Doors and windows will be kept shut during regulated entertainment.

  7.              The handling of kegs, bottles cleaning equipment, bottle disposal and similar items will not take place after 20.00hrs or before 08.00hrs when the noise generated could cause a nuisance particularly outside the buildings.

   

  Variation of 25 July 2018

                As the premises are in a cumulative impact area the variation of the live music, Monday to Sunday of 23.00hrs to 02.00hrs and the sale of alcohol Monday to Wednesday 10.00hrs to 03.00hrs and Thursday to Sunday 10.00hrs to 05.00 shall be permitted for one year until 25th July 2019. The said hours shall revert to those permitted prior to this variation unless the licence holder shall make a further application for a variation.

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached