Plymouth City CouncilLicensing Office

Giga's

12-14 Devonport Road, Stoke, Plymouth, Devon, PL3 4DH

Completed application 097062 which is a Variation Application for Premises Licence from 03/10/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• sale and supply of alcohol

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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General - all four licensing objectives (b,c,d,e)

   

  All staff engaged in licensable activity at the premises will receive training and information in relation to the following (select from the following):

   

  The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

  The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attached to the licence

  How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol).

  Recognising the signs of drunkenness.

  The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.

  Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

  Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 6 monthly intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.

  Training records will be retained for at least 12 months.

   

  The prevention of crime and disorder

   

  CCTV will be provided in the form of a recordable system, capable of providing pictures of evidential quality in all lighting conditions particularly facial recognition.

  Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas, and all areas where the sale/supply of alcohol occurs.

  Equipment must be maintained in good working order, be correctly time and date stamped, recordings must be kept in date order, numbered sequentially and kept for a period of 31 days and handed to police on demand.

  The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format either disk or VHS to the police/local authority on demand.

  The recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual.  An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.

  In the event of technical failure of the CCTV equipment the Premises Licence Holder/DPS must report the failure to the police licensing team immediately.

   

  An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details (select from the following):

   

  Any incidents of disorder or of a violent or anti-social nature

  All crimes reported to the venue, or by the venue to the police

  All ejections of patrons

  Any complaints received

  Seizures of drugs or offensive weapons

  Any faults in the CCTV system

  Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.

   

  Records must be completed within 24 hours of any incident, and 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 logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.

   

  The DPS and/or the premises licence holder will be responsible for conducting dynamic risk assessments for the requirement of additional door staff especially during busy periods, public holidays, or any other events such as sporting events or festivals.

   

  Public safety

   

  Customers will be reminded by way of a notice at the entrance/exit door to please leave the premises quietly and have consideration for the neighbouring properties.  Sufficient litter bins will be provided to allow the customers to deposit their waste/rubbish in the correct manner.

   

  Open containers of alcohol shall not be removed from the premises, except for consumption in any delineated external area as shown on the plan attached to the licence. Alcohol sold for the purpose of off sales will be sold in sealed containers.

   

  There shall be no consumption of beverages in the delineated external area of the premises after 22:00 hours. No patrons shall be permitted to remain outside, other than to temporarily leave then re-enter e.g. to smoke, after such time, to prevent nuisance to residential neighbours.

   

  The prevention of public nuisance

   

  During opening hours suitable provision will be provided for the collection of smoking related litter.

   

  The pavement outside of the premises must be kept clean.  This pavement must be swept and cleared of any smoking related litter at the start and end of trading.

   

  Customers will be reminded by way of a notice at the entrance/exit door to please leave the premises quietly and have consideration for the neighbouring properties.  Sufficient litter bins will be provided to allow the customers to deposit their waste/rubbish in the correct manner.

   

  The protection of children from harm

   

  The premises shall operate a Challenge 25 policy.  Such policy shall be written down and kept at the premises.  The policy shall be produced on demand of an authorised person (as defined by Section 13 of the Licensing Act 2003) or the police of an authorised Trading Standards Officer of the Council.  Prominent, clear and legible signage (in not less than 32 font bold) shall also be displayed at all entrances to the premises as well as at least one location behind any bar advertising the scheme operated.

   

  The premises shall operate a Challenge 25 Policy and any individual who appears to be under the age of 25 will be required to produce an approved form of photographic identification i.e.

  A photo driving licence

  A passport

  An identification card carrying the PASS hologram

  Unless such identification is produced the sale of alcohol must be refused.

   

  An alcohol sales refusal register shall be kept at the premises and be maintained to include details of all alcohol sales refused. The register will include:

  the date and time of refusal

  the reason for refusal

  details of the person refusing the sale

  description of the customer

  any other relevant observations.

   

  The refusals register will be made available for inspection and copying on request of an authorised officer of a responsible authority.

   

  All entries must be made within 24 hours of the refusal.

   

   

   

   

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

   

  Conditions yet to be entered.

   

Premises Plans

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