Plymouth City CouncilLicensing Office

Ales & Tails

1 Pemros Road, Plymouth, Devon, PL5 1LZ

Abandoned application 084150 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the sale by retail 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

   

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

   

  To prevent crime and disorder, public nuisance and to protect children from harm. I will work with local authorities and

  have CCTV.  Have signage up requiring age verification and continue to be vigulant and work within all government

  guidelines

   

   

  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.

  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.

  There shall be no admissions or re-admission to the premises after 2359 hours.

   

  CCTV

  Will be digitally stored for 2 weeks

   

  Glassware and Bottles will be used for on and off-sales. We have glass breakage procedures in place

   

  Background noise

  Advisory - Background or incidental music that is ancillary to the main use of the premises is not a licensable activity. It

  should be low level and incidental to patrons use and enjoyment of premises. Consider the following factors: 1) Is the music

  the main, or one of the main reasons for people attending the premises? 2) Is the music event advertised? 3) Does the

  volume of the music disrupt or predominate over other activities? 4) Do you charge for admission? Please Note that the

  number of musicians etc. is normally considered as relevant when considering this definition.

   

  The premises has indoor and outdoor areas and there are designated drinking areas. where area's are not designated there shall be no consumption of alcohol and signage.

   

  Delivery/Collection/Storage

   

  The handling of kegs, bottles cleaning equipment, bottle disposal and similar items shall not take place before 0700 or after 2300 when the noise generated could cause a nuisance particularly outside the buildings.

  The delivery of goods is restricted to between the hours of 0800 hours and 1800 hours.

   

  Litter

  The ‘collection and removal of litter’ shall be taken to include the satisfactory disposal of spilled food and similar materials so as to leave the footway in a clean, safe and wholesome condition.

   

  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.

   

  The Premises Licence Holder or nominated person provides unhindered use of a telephone on the premises for use

  in an emergency, while licensable activity entertainment is taking place. In premises that do not have the benefit of a

  permanent phone installation then a mobile phone must be available.

   

   

  c) Public safety

   

  Occupancy/Capacity Limits

   

  The maximum number of persons (including staff and entertainers) allowed at the premises shall not exceed space

  provided. When space has tables removed 1/2 meter per customer in standing areas. When seated 1 meter per guest and

  1.5 meters per staff member, subject to the following maximum occupancies:

   

  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.

   

   

  d) The prevention of public nuisance

   

  Noise Precautions

   

  The performance of live entertainment will be limited to a maximum duration of 3 hours inclusive of any breaks. 

  It is unlikely to have any live music, but I thought it nice to have the option around Christmas and on special occasions

   

  Management and Monitoring Controls

   

  The Premises Licence Holder or nominated person will assess the impact of any noisy activities on neighbouring

  premises at the start of regulated entertainment and periodically throughout regulated entertainment and take action to

  reduce noise levels if they are found to be heard above background levels at the nearest residential property.

   

  (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.

   

   

  e) The protection of children from harm

   

  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.

   

• 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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