New Continental Hotel

Millbay Road, Plymouth, Devon, PL1 3LD

Completed application 054783 which is a Variation Application for Premises Licence from 02/09/2010 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• provision of late night refreshment
• an indoor sporting event
• a boxing or wrestling entertainment
• a performance of live music
• any playing of recorded music
• a performance of dance
• sale and supply of alcohol
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance

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.

   

  The Following Mandatory Conditions came into force on the 6th April 2010

  1.(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.

   

  2. 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).

   

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

   

  The Following Mandatory Conditions shall come into force on the 01st October 2010

   

  4.(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.

   

  5. 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.

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  A              Supply of alcohol

   

  Any existing conditions attached to existing justices licence

   

  The authorised hours for the sale of alcohol do not prohibit:

   

  1.              during the first twenty minutes after the end of authorised hours the consumption of the alcohol on the premises;

  2.              during the first twenty minutes after the end of authorised hours, the taking of the alcohol from the premises unless the alcohol is supplied or taken in an open vessel;

  3.              during the first thirty minutes after the end of authorised hours the consumption of the alcohol on the premises by persons taking meals there if the alcohol was supplied for consumption as ancillary to the meals;

  4.              consumption of the alcohol on the premises or the sale or supply of alcohol to any person residing in the licensed premises;

  5.              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  6.              the sale of alcohol to a trader or club for the purposes of the trade or club;

  7.              the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  8.              the taking of alcohol from the premises by a person residing there; or

  9.              the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or

  10.              the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of alcohol so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  There will be no adult entertainment that will give rise to any concerns for the protection of children

   

  Supper Hours Certificate

  "Alcohol may be sold or supplied [for one hour following the end of permitted hours and] [on Christmas day, between 3 p.m. and 7 p.m.] to persons taking table meals in the premises in a part of the premises usually set apart for the service of such persons and for consumption by such a person in that part of the premises as an ancillary to his meal. For other purposes or in other parts of the premises the permitted hours shall continue to apply."

   

  Special Hours Certificate - Ballroom and Function Rooms only

  Where a special hours certificate is in force on all or certain days, replace the permitted hours condition for those days with the following:

   

  1. Subject to the following paragraphs, the permitted hours on weekdays shall extend until two o'clock in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that­

  a)              the permitted hours shall end at midnight. . . on any day on which music and dancing is not (or, in the case of casino premises, gaming facilities are not) provided after midnight; and

   

  b)              on any day that music and dancing end (or, in the case of casino premises, gaming ends) between midnight and two o'clock in the morning, the permitted hours shall end when the music and dancing end or, as the case may be, when the gaming ends;

   

  2. In relation to the morning on which summer time begins, paragraph (1) of this condition shall have effect­

  a)              with the substitution of references to three o'clock in the morning for references to two o'clock in the morning [or one hour following the hour actually specified in the certificate where the certificate currently requires closure between 1 a.m. and 2 a.m.]

   

  3. Except on Sundays immediately before bank holidays, the permitted hours on Sundays shall extend until thirty minutes past midnight in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that­

  a)              the permitted hours shall end at midnight on any Sunday on which music and dancing is not (or, in the case of casino premises, gaming facilities are not) provided after midnight;

  b)              where music and dancing end (or, in the case of casino premises, gaming ends) between midnight on any Sunday and thirty minutes past midnight, the permitted hours on that Sunday shall end when the music and dancing end or, as the case may be, when the gaming ends.

   

  4. On Sundays immediately before bank holidays, the permitted hours shall extend until 2 a.m. in the morning following, except that­

  a)              the permitted hours shall end at midnight on any Sunday on which music and dancing is not (or, in the case of casino premises, gaming facilities are not) provided after midnight;

   

  b)              where music and dancing end (or, in the case of casino premises, gaming ends) between midnight on any Sunday and 2 a.m., the permitted hours on that Sunday shall end when the music and dancing end or, as the case may be, when the gaming ends.

   

  For casino premises:

  5. The sale of alcohol must be ancillary to the use of the premises for gaming facilities and substantial refreshment.

   

  For other premises

  6. The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

   

   

  B              Regulated Entertainment - Ballroom and Function Rooms only

   

  Standard National conditions applying to the existing [public entertainment licence]

  Existing special conditions.

   

  a)              Capacity -              Ballroom               300

                              Function Rooms               200

   

   

  C              Sports Entertainment - Main Ballroom only

   

  Standard National conditions applying to the existing [public entertainment licence] and [sports entertainment licence]

  Existing Special Conditions

   

  a)              The maximum number of persons to be permitted on the premises at any one time shall not exceed 300 persons (this is variable depending on the nature of the event)

   

   

  D              Children's Certificate - Each day 10:00 to 22:00

   

  A notice which states that a Children's Certificate is in force, in relation to the area to which the certificate relates, and explains the effect of the certificate and of any conditions attached to it must be posted in some conspicuous place in that area.

  No person under fourteen shall be in the bar of the canteen during the permitted hours unless one of the following applies:

   

  a) He is the child of the holder of the premises licence.

  b) He resides in the premises, but is not employed there.

  c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

  d) The bar is in premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

  e)              i. He is in an area shown on the plan attached to the licence

  ii. Meals and non-alcoholic beverages are available for sale for consumption in that area.

  iii. He is in the company of a person aged 18 or over.

  iv. He is there prior to 9 p.m.

  v. He may remain in the area of the premises specified during the first thirty minutes after the certificate has ceased for the consumption of refreshments.

  In this condition "bar" includes any place exclusively or mainly used for the consumption of alcohol. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  Any existing conditions attached to existing Children’s Certificate

   

  1.              Meals and beverages other than intoxicating liquor shall be available for consumption in the area(s) to which this Certificate relates at all times when the Certificate is operational.

  2.              No Gaming machines as defined under Part III of the Gaming Act 1968 and amusement with prizes machines under S.34 of the Gaming Act 1968 may be used in the area(s) when the Children’s Certificate is in force.

  3.              Non alcoholic drinks to be consumed by children must only be served in plastic containers.

   

   

  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

   

  Steps that have been taken to promote the four Licensing Objectives

   

  Steve’s Brasserie Restaurant

   

  All areas are monitored by CCTV with monitors located in the Hotels reception and Main Office.

  Where appropriate functions are managed by ticket access only and additional trained door staff are employed accordingly

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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