Herbert Hotel

1 Herbert Street, Devonport, Plymouth, Devon, PL2 1RX

Completed application 089372 which is a Suspension Lifted for Premises Licence from 11/01/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• sale and supply of alcohol
• an indoor sporting event
• a performance of live music
• any playing of recorded music
• 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.

   

     3.(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.

   

  4. 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).

   

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

   

  6.(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.

   

  7. 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.

   

  Minimum Pricing

   

  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 the condition set out in paragraph 1-

   

  (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 rate 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 premises in respect of which there is in force a premises licence-

   

  (i)               the holder of the premises licence,

  (ii)               the designated premises supervisor (if any) in respect of such a licence, or

  (iii)              the personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d) “relevant person” means, in relation to premises in respect of which there is in force 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) “valued 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 (2) 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.

  4(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              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 Police

   

  Prevention of Crime and Disorder

   

  1.              Whenever the Designated Premises Supervisor is not at the premises another responsible person will be nominated by the designated premises supervisor as being the person to manage the premises.

  2.              The Premises licence holder and/or the Designated Premises Supervisor or a person nominated by them shall be a member of and regularly attend meeting of any pubwatch scheme for the area within which the premises are located (if relevant)

  3.              A CCTV system covers the public areas inside the premises (excluding lavatories).  It will be maintained in good working order at all times.  The images recorded will be of good quality and will be retained for 31 days and made available to the authorities on request.  There will be a playback facility of at least 16 frames per second and display time and date.

  4.              A notice will be displayed at the entrance to the premises advising that CCTV is in operation.

  5.              Drugs warning notices will be on display throughout the premises publicising a “Zero Tolerance” to drugs message.

   

  Public Safety

   

  1.              Open bottles or other vessels, are not permitted, to be taken from the premises.

  2.              Wherever possible only glasses, which are made of ‘toughened/safety glass’ will be used on the premises.

  3.              There will be regular glass collection made in all areas of the premises.

  4.              Free drinking water to be made available at all times from the bar. The fact that this service exists shall be clearly advertised within the premises.  A good selection of soft drinks will also be sold at the premises.

  5.              A daily incident logbook detailing all incidents of note at the premises or in the immediate vicinity, eg. slips, accidents, entry refusals and incidents of disorder etc.  The log will detail the date, time, type of incident, brief circumstances action taken and person dealing.  The logbook will be made available for up to six months to Police or any other responsible authority for inspection if required.  All relevant incidents will be reported to the police at the earliest opportunity.

  6.              There will be no irresponsible drinks promotions at the premises.

   

  Prevention of Public Nuisance

   

  1.              At least 15 minutes before the last sale of alcohol atmosphere will be adjusted to create a calm period of wind down.  An example will be the turning up of lights and switching off any background music.

  2.              The DPS will ensure that the level of noise emitting from the premises is kept to a minimum so as to not disturb the residential neighbours.

  3.              Notices will be displayed at entrances/exits requesting patrons to leave the premises quietly and have respect for the residential neighbours.

   

  Protection of Children from Harm

   

  1.              Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18.  The following are the only  forms of identification acceptable:  

  ·              UK photo driving licence

  ·              Passport

  PASS card (proof of age standards scheme)

   

  2.              Proof of age checks will take place inside the premises by staff whenever they have doubt about a persons age.

  3.              Notices obtained from police publicising the Challenge 21 initiative shall be clearly displayed at the entrance to the premises and behind the bar area at all times.

   

  C     Conditions imposed by The Environmental Health Representative

   

  Prevention of Public Nuisance

   

  1.              To prevent entertainment being intrusive, noise emanating from the premises will not be clearly audible one metre from the façade of the nearest residential property.

  2.              Doors and windows will be kept shut during entertainment.

  3.              A senior member of staff (manager) will assess the impact of any noisy activities on neighbouring premises at the start of the activity/entertainment and periodically throughout the activity/entertainment and take action to reduce noise levels if they are found to be excessive/ distinguishable above background levels at the nearest residential property.

   

  D    Steps taken to promote the four licensing objectives

   

  General

   

  1.              Drugs warning notices in place.

  2.              Zero tolerance to drugs use and dealing.

  3.              Policy of banning customers for misbehaviour within or in the vicinity of the premises where deemed necessary and appropriate.

  4.              Food available.

   

  Prevention of Crime and Disorder

   

  1.              Specific staff training and supervision, in assessment of customer consumption and condition.

  2.              No drinks hoarding.

  3.              Pro-active policy against “binge” drinking.

  4.              Zero tolerance to offensive conduct.  

   

  Public Safety

   

  1.              Air Conditioning provided

  2.              Regular dedicated cleaning of the premises.

  3.              Limit on number in premises.

   

  Protection of Children from Harm

   

  1.              Warning notices in place in relation to under age drinking

  2.              Full training for staff in law specifically relating to minors and alcohol and specific photo i/d proof of age requirements.

   

   

   

   

   

   

   

   

   

   

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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