Queens Arms

Seven Stars Lane, Tamerton Foliot, Plymouth, Devon, PL5 4NN

Completed application 054079 which is a Change of Supervisor for Premises Licence from 24/04/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• the sale by retail of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS (PREMISES LICENCE - ON & OFF SALES)

   

  No supply of alcohol may be made under this Premises Licence when there is no Designated Premises Supervisor in respect of the Premises Licence.

   

  No supply of alcohol may be made when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.

   

  Every supply of alcohol under this Premises Licence must be made or authorised by a Personal Licence holder.

   

  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.

   

  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).

   

  2.               The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

   

  3.              (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.

   

  4.               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.

   

  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.  For the purposes of this condition -

   

  (b)              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

   

  (c)              “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.

   

• 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 taking of 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.

   

  B              Conditions Imposed by The Environmental Health Representative

   

  1.              All regulated entertainment to be finished by 23.30hrs Monday - Saturday and by 23.00hrs on a Sunday.

   

  2.              Staff will check prior to entertainment, and periodically during the

                     entertainment, that all windows and doors are shut.

           

  3.               A senior member of staff (manager) will assess the impact of any noisy

                     activities on neighbouring residential premises at the start of the

                     activity/entertainment and periodically throughout the activity/ entertainment.

   

  C              Steps taken to promote the four licensing objectives

   

  1.              We work in close conjunction with the other two pubs in the vicinity and operate a banned from one banned from all policy.

  2.              Illumination is provided the exterior areas of the pub that is accessible to the public

  3.              All interior trading areas are visible to staff from behind the bar servery

  4.              The Licensee/staff monitor customer behaviour especially during busy periods

  5.              Drug prevention measures are employed and signs displayed

  6.              Soft drinks available

  7.              Signs referring to underage drinking are clearly displayed at the entrance

  8.              All fire fighting equipment, emergency lighting, illuminated signs and fire alarms are clearly displayed and maintained

  9.              As well as the main entrance we have three separate exit routes

  10.              All windows are lockable and remain closed during any performances of live or amplified music

  11.              During any live music performances all windows are sound proofed with approved materials and the new back door is fitted with ‘whisper glass’

  12.              A noise survey is carried out regularly especially when entertainment is provided

  13.              Customers are asked to leave the premises quietly and respect the residents

  14.              We do not have any aggressive drinks promotions (i.e.2 for 1, heavy discounting/happy hours)

  15.              Unaccompanied children are not allowed on the premises

  16.              Children are not permitted on the premises after 19.00hrs

  17.              Outside drinking facilities are provided for families

  18.              Full range of soft drinks and snacks are available

   

   

               

   

   

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

   

  Licensing Sub Committee of 21 October 2014 following a review of the licence

   

  1.              No entry or re-entry to the premises after midnight Sunday to Wednesday and               after 00.30 hours Thursday to Saturday

   

  Noise nuisance

  1.              No regulated entertainment will take place until a noise limiting device (the specification and design to be agreed with Environmental Health Service) is fitted so that all regulated, live, Karaoke and recorded music (including the Juke Box) is channelled through the device(s).  The maximum noise levels will be set by agreement with the Environmental Health Service and will be reviewed from time to time as appropriate.

  2.              The noise limiting device must be fully functional and in proper working order at all times during performances of live and recorded music.

  3.              No performances of live and recorded music can proceed without the noise limiting device in proper working order.

  4.              If the noise limiting device breaks down the Premises Licence Holder shall ensure that the Designated Premises Supervisor, or other responsible person verbally informs the Environmental Health Service as soon as reasonably practicable. Equipment failures shall be repaired or replaced as soon as is reasonably practicable and without undue delay.

  5.              All doors and windows shall be kept shut during regulated entertainment except for access and egress.

  6.              All doors and windows shall be maintained in good order.

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

  8.              Noise emanating from the premises shall not be heard above background levels 1 metre from the facade of the nearest residential property.

  9.              The performance of live entertainment will cease by 23:00 hours. 

  10.              The performance of live entertainment by three of more performers will be limited to a maximum duration of three hours inclusive of any breaks.

  11.              The performance of live entertainment will be limited to two sessions per week.

  12.              Entrance doors and the rear door to the outside beer garden must be provided with automatic door-closers and shall be maintained in good working order.

  13.              The Premises 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 to be applied.

  14.              The Premises Licence Holder or DPS shall carry out observations in the residential streets surrounding the public house at the commencement of and at periodic times during any live music, karaoke or DJ’s playing recorded music to establish whether there is a noise breakout from the premises.

  (i) 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.

  (ii)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 break out and any action taken to reduce noise breakout.

  (iii) Such records must to be made available at all times upon request to a police officer or an officer of the local authority.

  15.              The Premises Licence Holder or DPS 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.

  16.              The Premises Licence Holder or DPS shall ensure a telephone number is made available and displayed in prominent locations as agreed with Environmental Health 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 inclusion of a telephone number for the PLH Risk and Compliance Team or function.

  17.              The Designated Premises Supervisor 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.

   

  Use of the Outside Seating Area

  18.              After 21:30 hours no drinks are to be taken outside to the outside area and no consumption of drinks to occur after 22:00 hours.

  19.              A sign is to be placed in the outside rear area specifying that no drinks are to be taken into this area after 21:30 hours.

  20.              After 22:00 hours noise levels in outside areas are to be monitored and controlled to minimise any potential impact on local residents.

  21.              The Premises Licence Holder or DPS shall control levels of noise in the outside area and advise customers of the need to respect local residents where appropriate. Any patrons continuing to cause any disturbance or disorder will be asked to leave the premises.

   

  Prevention of Crime and Disorder -

   

  1.              All staff shall be fully trained to perform their role.

  The Designated Premises Supervisor shall ensure that all staff are trained in the legality and procedure of alcohol sales, using the SWERCOTS on-line training pack or equivalent, and the contents of the premises licence including times of operation, licensable activities and all conditions prior to undertaking the sale of alcohol and then at least every six months thereafter.

  2.              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 3 years.

  3.              A refusal register will be kept for any person refused service. The record will contain the time and date, the reason, the person (if known), the action taken and details of the person responsible for the management of the premises at the time of the incident.

  4.              An incident book shall be maintained to record any activity of any violence, criminality or anti-social behaviour. 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.

  5.              A list of banned individuals is to be recorded in the Incident book with name, description of individual, length of ban and reason.

  6.              The refusals register and 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.

  7.              There will be a drug prevention policy in place which staff will be trained in the contents of the policy.

  8.              There will be no aggressive drinks promotions (i.e 2 for 1, heavy discounting of alcohol and any happy hours).

   

  Public Safety -

   

  1.              The Designated Premises Supervisor and/or Responsible Person shall not allow any open drinking vessel, glass or bottle to be taken from the premises.

  2.              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.

  3.              Illumination is provided in the exterior areas of the premises that are accessible to the public.

   

  The Prevention of Public Nuisance -

   

  1.              The Designated Premises Supervisor and/or responsible person shall ensure that outside areas of the premises 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 areas have on the surrounding community.

  2.              Clear Signage is to be on display by the exits requesting that patrons leave the premises quietly and respect the local residents.

   

  The Protection of Children from Harm -

   

  1.              All staff shall be trained in the requirements of the Challenge 21 policies. The types of acceptable identification and refusing service to any person who appears to be under-age.

  2.              Challenge Under 21 signage is to be clearly displayed behind the bar.

  3.              Unaccompanied children will not be allowed on the premises.

  4.              Children are not permitted to be on the licensed premises after 19:00hrs.

  5.              Soft drinks are to be available.

   

  CCTV -

   

  1.              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) regarding installation of CCTV is provided at the premises.

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

  3.              Designated Premises Supervisor shall be competent in operating the CCTV system and able to view and download footage onto a recognised format when requested by an authorised officer of relevant responsible authority.

  4.              The CCTV equipment shall be maintained in good working order and continually record.

  5.              The CCTV system shall cover all areas of the premises to which the public have access including the frontage and Car park of the premises and any outside areas.

  6.              Images shall be retained for a minimum of 30 days

  7.              The Police Licensing Department will be informed if the CCTV system is not fully working during licensed hours.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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