Zephyr Burgers

8 Drake Circus, Plymouth, Devon, PL4 8AQ

Completed application 030553 which is a Variation Application for Premises Licence from 21/11/2011 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the sale by retail of alcohol
• 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.

   

  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

   

  Conditions agreed with the Police Licensing Authority

  
  General

   

  1.              Staff training to be undertaken and to include conditions attached to the premises licence.

  2.              All training to be documented and retained for at least twelve months

  3.               Training to be repeated every four months.
  
  The Prevention of Crime and Disorder

   

  1.              CCTV to be installed to comply with the UK Police Requirements for Digital CCTV Systems

  2.              A register will be kept detailing all requests by police for CCTV images. This will include time and date of request, time, date and location of incident, time and date of hand on to Police

  3.              The Police Licensing Department will be informed if the CCTV system is not working

  4              A daily incident logbook detailing all incidents of note at the premises or in the immediate vicinity will be maintained and contain details of any significant incidents and all entry refusals and incidents of disorder The log will detail the date, time, type of incident, brief circumstances, action taken and person dealing. The logbook will be made available for up to twelve months to the Police or any other responsible authority for inspection.

  5.              A Zero tolerance drug policy will be adopted 
  
  Protection of Children from Harm

   

  1.              Any person who looks or appears to be under the age of 25 shall be asked to provide identification that they are over the age of 18.  The following are the only forms of identification acceptable

  (UK Driving Licence)

  (Passport)

   

  2.              Notices obtained from Police publicising the Challenge 25 initiative shall be clearly displayed at the entrance to the premises and behind the bar area at all times

  3.              No person under the age of 18 shall be permitted entry to the premises after 21.00hrs

  
  There will be no adult entertainment at this premise
  
  Conditions agreed with the Environmental Health Authority

   

  Public Nuisance

   

   

  1.              The 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.

  2.              Windows and doors must be kept closed at all times during any performance of regulated entertainment, and staff shall check periodically that doors and windows are closed at this time.

  3.              Live music performance is restricted to un-amplified, acoustic music only.

  4.              Any one performance of live music to be limited to two hours duration, inclusive of any breaks.

  5.              The Licence Holder or nominated person will control the sound levels of the music/entertainment, and will be responsible for instructing performers on the restrictions and controls to be applied.

  6.              The service of alcohol shall be by waiter or waitress service only.

  7.              No irresponsible drinks promotions.

  8.              The Licence Holder or nominated person will be available at all times during regulated entertainment and this person is responsible for cooperating and liaising with police and other responsible authorities.

   

   

  Public Safety

   

  1.              The capacity of the premises will be limited to 60 persons.

   

   

  Conditions agreed with The Police Licensing Authority - Variation October 2011

   

  1              All staff shall be suitably trained for their Job function in operating standards for the premises. Training shall be under constant review.

  2              All staff shall be trained in the requirements of the challenge 25, the identification & recognition of drunks and the correct procedure to be followed when refusing.

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

  4.              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.

  5.              All door staff shall be trained in the requirements of the challenge 25 policies the identification & recognition of drunks and the correct procedure to be followed when refusing service.

  6.              All door supervisors will comply with SIA requirements relating to the availability of registration documents for inspection.

  7.              The premises licence holder and DPS will ensure doorstaff do not allow any drinking vessel, glass or bottle to be taken from premises.

  8.              All door supervisors shall have clear instruction and understanding of their duties and responsibilities.

  9.              Door supervisors shall actively cooperate with police in the execution of their duties and provide evidence by written statements to assist in any criminal investigation.

  10.              The premises licensee holder and the DPS will maintain a register of door supervisors employed at the premises. The register will detail the day, time and date the door supervisor commenced duty, full name legibly written, SIA license number, the name of employer, the time the duty ends and the name of the person in charge of the premises on the date. The register will be kept on the premises and available for inspection at the time of request by a member of any relevant authority. The records will be retained for 12 months.

  11.              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.

  12.              Frequent collection of glasses and bottles will be undertaken at regular intervals to ensure there is no build up of empty receptacles in and around the premise.

  13.              After 21.00hr or dusk which ever is earlier use of the outside areas will be strictly limited to smoking only and will not be used for the consumption of any drinks whether alcoholic or not.

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

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

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

  17.              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.

  18.              Any radio equipment supplied for use of pubwatch or any other organisation will be maintained in good working order. During times door supervisors are employed any such radio will be held by the door supervisor managing the main entrance to the premises.

  19.              Door supervisors will be trained in the correct use of radio equipment.

  20.              The DPS will provide written details of any persons nominated to manage the premises in their absence. The person nominated should preferably be a personal license holder. These details should be kept on the premises and produced on request to the police or member of a responsible authority.

  21.              The licence holder or nominated person shall erect and maintain suitable and sufficient conspicuous signage on the exterior of the premises advising patrons that causing any disturbance or disorder in a queue will result in admission being refused.

  22.              The licence holder or nominated person shall arrange adequate supervision of any queue which may form to gain entry to the premises.

  23.              The licence holder or nominated person shall ensure that exits will be manned at closing time to ensure that patrons leave the area quickly and quietly.

  24.              The designated smoking area will be for smoking only and the licence holder or nominated person will take reasonable steps to prevent the consumption of any drinks in this area.

  25.              The licence holder shall nominate a senior member of staff as the person responsible for the management, supervision, compliance with licensing conditions and general control of regulated entertainment. This person will also be responsible for instructing performers on the restrictions and controls applied.

  26.              A specific taxi operator has been nominated for staff and customers to use. The company's telephone number is advertised to customers. The operator and all drivers are aware that they should arrive and depart as quietly as possible, should not sound horns as a signal of their arrival or leave engines running idling unnecessary. In addition, staff will leave as quietly as possible, particularly at night and early in the morning.

  27.              The licence holder or nominated person will ensure that suitable ash trays or similar vessels are available for cigarette butts.

  28.              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 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 Plymouth City Council trading standards authority.

  29.              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 on the sale of alcohol. Training shall be signed and documented and training records be available to an enforcement officer on request.

   

  Conditions agreed with the Environmental Health Authority - Variation October 2011

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           

  Public Nuisance

   

  1.              Before 23.00hrs

  To prevent entertainment being intrusive, noise emanating from the premises will not be clearly audible 1 metre from the façade of the nearest residential property.

  2.              Between 23.00hrs and 12 midnight

  To prevent entertainment being intrusive, noise emanating from the premises will not be clearly distinguishable above other noise 1 metre from the façade of the nearest residential property.

  3.              Between 12 midnight and 01.00hrs

  Noise emanating from the premises will not be distinguishable above background levels 1 metre from the façade of the nearest residential property.

  4.              Bottle skips and bins containing cans or bottles will not be emptied outside after 23.00hrs but will be dealt with the next day during normal working hours.

   

  Steps taken to promote the Four Licensing Objectives

   

                1.   Door supervision between 22.00hrs and 01.00hrs (SIA trained)

  2.   Door supervision to instruct people to leave quietly and carefully

                3.   Regular toilet checks

   

   

   

   

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached