Plymouth City CouncilLicensing Office

Egg Drop, The

43 - 45 The Broadway, Plymstock, Plymouth, Devon, PL97AF

Completed application 086563 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 14/06/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS (PREMISES LICENCE - ON 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

   

  1.              Waiter/Waitress service shall be available throughout the premises at all times.

   

  2.              Substantial food shall be available at all times (Subject to a permitted wind-down period prior to closing).

   

  3.              Between 23:00 and 08:00 there will be total sound containment within the premises.

   

  4.              Suitable bins must be provided outside the premises at all times it is open for the collection of smoking related rubbish.

   

  5.              You must clean the pavement in front of, and adjacent to, the premises of smoking-related litter before and after each period of use.

   

   

  a) General

   

  Review licence regularly

   

  Liase with PCC and Pub Watch if required

   

  Deliver regular staff training

   

  b) The Prevention of Crime and Disorder

   

  All staff shall 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.

  Training shall be recorded in documentary form that will be available for inspection at the request at all reasonable times by an authorised officer from a relevant responsible authority. The records will be retained for at least 12months.

  Any person managing or supervising staff in the sale of alcohol or other licensable activity in the absence of the DPS shall be the holder of a personal licence obtained from a nationally recognised body.

  All staff shall be trained in the requirements of the Challenge 21 or 25 policies

  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.

  An incident book shall be available for inspection at all reasonable times by an authorised officer of relevant responsible authority. The records will be retained for at least 12 months.

  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.

  SIA registered door supervisors will be employed when appropriate.

   

  CCTV

  The Premises Licence Holder will ensure that a CCTV system is fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document (www.informationcommissioner.gov.uk <http://www.informationcommissioner.gov.uk>) regarding installation of CCTV is provided at the premises.

   

  The CCTV equipment shall be maintained in good working order and continually record when licensable activity takes place and for a period of two hours afterwards.

   

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

   

  Images shall be retained for a minimum of 31 days

   

  The CCTV system shall be capable of downloading images to a recognizable viewable format.

   

  At all times the premises are open for business a member of staff shall be present who is capable of operating the CCTV system and downloading images at the request of police or other authorised officer.

   

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

   

  If the CCTV equipment (Including any mobile units in use at the premises) breaks down the Premises Licence Holder shall ensure the Designated Premises Supervisor, or in his/her absence other responsible person, verbally informs the Licensing Authority and the Police as soon as is reasonably practicable. This information shall be contemporaneously recorded in the incident report register and shall include the time, date and means this was done and to whom the information was reported.  Equipment failures shall be repaired or replaced as soon as is reasonably practicable and without undue delay. The Licensing Authority and the Police shall be informed when faults are rectified.

   

   

  Glassware and Bottles

  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.

  The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.

  The Premises Licence Holder and/or Designated Premises Supervisor shall not allow any drinking vessel, glass or bottle to be taken from the premises.

   

   

  Restrictions on Drinking Areas

  The Premises Licence Holder and/or Designated Premises Supervisor shall 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.

   

  Substance misuse

  The Premises Licence Holder or nominated person shall provide a written drugs policy detailing the actions to be undertaken to minimize the opportunity to use or supply illegal substances within the premises.

  The Premises Licence Holder or nominated person shall ensure that records are maintained detailing the time and date of substance misuse training, the people who received the training, and the name of the person delivering the training. The records will be available for inspection by an authorised officer at all reasonable times. The records will be retained for at least 12 months.

  The Premises Licence Holder or nominated person shall ensure that arrangements are in place where toilet areas and other similar areas are regularly checked for evidence of drugs. Signage shall also be placed in the premises advising patrons that checks are conducted regularly.

   

  c) Public Safety

  Occupancy/Capacity Limits

  The Premises Licence Holder or nominated person shall ensure that the accommodation limit(s) is not exceeded and shall be aware of the number of the people on the premises at all reasonable times. This information shall be immediately available on the request of any responsible authority.

  The Premises licence holder or nominated person shall take steps to ensure that they have a suitable system in place that accurately indicates the number of customers (including staff and entertainers) on the premises at any time.

   

  Air Conditioning

  A suitable and sufficient air circulation and management system must be installed within the premises which will be used during regulated entertainment.  (The purpose of this condition is to maintain a reasonable internal air temperature so as to avoid patrons or staff opening windows and doors to ventilate the premises. Additional conditions are in place to prevent the opening of windows and doors to minimise noise breakout).

   

  d) The Prevention of Public Nuisance

  Noise Precautions

  The performance of live entertainment will be limited to a maximum duration of 5 hours inclusive of any breaks.

  The Premises Licence Holder or nominated person shall ensure that during the final hour of trading appropriate announcements are made to remind patrons of the need to leave the premises quietly without causing annoyance, nuisance or disturbance to local residents and to advise patrons of any taxi free-phone or collection arrangements available upon the premises.

  The entrance(s) is fitted with an acoustically installed lobby and the doors with automatic door-closers that are maintained in good working order.

  No speakers for amplification of music shall be placed on the outside of the premises or on the outside of any building forming a part of the premises.

  No music or speech shall be relayed via external speakers other than for events where the prior approval of the licensing authority has been obtained.

   

  Management and Monitoring Controls

  The Premises Licence Holder or nominated person shall ensure that suitable signage is positioned at exits to request the co-operation of patrons, in particular to make as little noise as possible when leaving the premises. Patrons will be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity quickly and quietly.

  The Premises Licence Holder or nominated person shall ensure that announcements are made (in a responsible manner) prior to closing requesting patron’s co-operation in leaving the premises and vicinity as quickly and as quietly as possible.

  The Premises Licence Holder or nominated person shall ensure that exits are manned at closing time to ensure that patrons leave the area quickly and as quietly as possible.

  The Premises Licence Holder or nominated person shall ensure sufficient staff are positioned at the exits from the premises to remind departing patrons of the need to avoid causing nuisance or disturbance to local residents.

  The Premises Licence Holder or nominated person shall ensure a telephone number is made available for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons or activities associated with the premises.  The telephone number will be a direct number to the management who are in control during opening hours.  A record will be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call.  Records will be made available for inspection either by any relevant responsible authority throughout the trading hours of the premises.

  The Premises Licence Holder or nominated person shall be available at all times during regulated entertainment and who is responsible for cooperating and liaising with any relevant responsible authority.

  The Premises Licence Holder or nominated person shall carry out observations in the vicinity of the properties in order to establish whether there is noise breakout from the premises. If the observation reveals noise breakout at a level likely to cause disturbance to the occupants of properties in the vicinity then the volume of music shall be reduced to a level that does not cause disturbance. A record of such observations shall be kept in a log for that purpose, such a log shall be completed immediately after the observation detailing the time, location and duration of the observation, the level of noise breakout and any action taken to reduce noise breakout. Such log must be made available at all times upon request to any relevant responsible authority

   

  Noise Limiting Devices

  The Premises Licence Holder or nominated person shall control the sound levels of the music/entertainment.

   

  Noise containment

  Noise from the licensed premises should not be audible outside the premises, so far as it is reasonably practical, at any time.

  To prevent entertainment being intrusive, noise emanating from the premises, so far as it is reasonably practical, will not be audible above other background noise one metre from the façade of the nearest residential property

   

  Sound Insulation

  All doors and windows shall be kept shut during regulated entertainment.

  All doors and windows shall be maintained in good order and where appropriate acoustically sealed to minimize noise breakout.

  Staff shall check prior to the commencement of regulated entertainment, and periodically during regulated entertainment that all windows and doors are shut.

  The Premises Licence Holder or nominated person shall ensure that self-closing doors are not wedged open during regulated entertainment.

  All internal speakers shall be attached to independent wall linings and not to the ceiling.

  All speakers shall be mounted on speaker brackets that incorporate isolating rubber mounts.

   

   

  External Area Controls

  The Premises Licence Holder or nominated person shall arrange supervision of any queue which may form to gain entry to the premises.

  Any designated smoking area shall 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.

  There shall be no consumption of beverages purchased from the premises in the designated smoking are

   

  Delivery/Collection/Storage

  The handling of kegs, bottles cleaning equipment, bottle disposal and similar items shall not take place before 08:00 hours or after 00:00 hours when the noise generated could cause a nuisance particularly outside the buildings.

   

  Litter

  All the rubbish produced by the premises shall be stored securely in a designated area or in a bin with a tight fitting or lockable lid.

   

  e) The protection of Children from Harm

  Proof of Age Scheme

  The Premises Licence Holder or Designated Premises Supervisor shall ensure that all bar staff, supervisors and managers are trained in the legality and procedure of alcohol sales, using the SWERCOTS on-line training pack or equivalent, prior to undertaking the sale of alcohol and then at least every six months.  Training shall be signed and documented and training records will be kept on the premises and be made available to an enforcement officer on request. The documentation relating to training should extend back to a period of three years and should specify the time, date and details of the persons both providing the training and receiving the training.

  The Premises Licence Holder or Designated Premises Supervisor shall ensure a sales refusal register is maintained to include details of all alcohol sales refused and the reason for refusal.  The refusals register should be made available to an authorized enforcement officer on request.

  Unaccompanied children (under 18) will not be allowed upon the premises.

  Accompanied children (under 18) will only be allowed to remain on the premises between the hours of 08:00 hrs and 21:00 hrs

  The Premises Licence Holder or Designated Premises Supervisor 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.

  The Licence Holder or Designated Premises Supervisor shall ensure that new bar staff, supervisors and managers receive induction in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol.  Training shall be signed and documented and training records be made available to an enforcement officer on request.

   

   

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

   

  Conditions yet to be entered.

   

• ANNEX 4 - Plans as attached

Premises Plans

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