Zephyr Burgers

8 Drake Circus, Plymouth, Devon, PL4 8AQ

Completed application 034978 which is a Variation Application for Premises Licence from 18/09/2012 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the sale by retail of alcohol
• an exhibition of a film
• 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.

   

  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).

   

  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

   

                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.              A contract will be drawn to each person booking the venue for private hire so they know the rules.

  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.

   

                Conditions agreed with the Police Licensing Authority

   

  General

   

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

  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.

  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.

  There will be no sale of draft beer or cider at these premises

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

  The premises will operate a table waiter service only

   

  Prevention of Crime and Disorder

   

  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.

  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.

  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.

  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.

  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

  No Bottles or glasses will be taken from the premises by customers

  The rear outside area will not be used beyond midnight other than for smoking only.

  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.

  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.

  The CCTV will cover all areas of the premises to which the public have access including any outside areas

  Images will be retained for a minimum of 31 days

  The system will be capable of downloading images to a recognizable viewable format.

  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.

  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.

  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

  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 21 proof of age requirement before sales of alcohol are made as approved by the Plymouth City Council Trading Standards responsible authority

  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. 

  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

   

  Conditions agreed with the Environmental Health Authority

  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.

   

   

   

   

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached