Yates's Wine Lodge

28 Royal Parade, Plymouth, Devon, PL1 1DU

Completed application 007191 which is a Change of Supervisor for Premises Licence from 20/04/2007 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• entertainment facilities for dancing
• provision of late night refreshment
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• the sale by retail of alcohol

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.

   

  Door supervision

   

  (1) Where a premises licence includes a condition that at specified times one or more individuals must be at the premises to carry out a security activity, the licence must include a condition that each such individual must be licensed by the Security Industry Authority.

   

  (2) But nothing in subsection (1) requires such a condition to be imposed-

  (a) in respect of premises within paragraph 8(3)(a) of Schedule 2 to the Private Security Industry Act 2001 (c.12) (premises with premises licences authorising plays or films), or

  (b) in respect of premises in relation to-

  (i) any occasion mentioned in paragraph 8(3)(b) or (c) of that Schedule (premises being used exclusively by club with club premises certificate, under a temporary event notice authorising plays or films or under a gaming licence), or

  (ii) any occasion within paragraph 8(3)(d) of that Schedule (occasions prescribed by regulations under that Act).

   

  (3) For the purposes of this section-

  (a) "security activity" means an activity to which paragraph 2(1)(a) of that Schedule applies, and

  (b) paragraph 8(5) of that Schedule (interpretation of references to an occasion) applies as it applies in relation to paragraph 8 of that Schedule

   

  Exhibition of films

   

  (1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

   

  (2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

   

  (3) Where-

  (a) the film classification body is not specified in the licence, or

  (b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  (4) In this section-

  "children" means persons aged under 18; and

  "film classification body" means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

• 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 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.

   

  Special Hours Certificate - Monday to Wednesday until Midnight and Thursday to Saturday 10:00 hrs until 02:00 hrs

  Where a special hours certificate is in force on all or certain days, replace the permitted hours condition for those days with the following:

   

  1. Subject to the following paragraphs, the permitted hours on weekdays shall extend until two o'clock in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that­

  a)              the permitted hours shall end at midnight. . . on any day on which music and dancing is not (or, in the case of casino premises, gaming facilities are not) provided after midnight; and

  b)              on any day that music and dancing end (or, in the case of casino premises, gaming ends) between midnight and two o'clock in the morning, the permitted hours shall end when the music and dancing end or, as the case may be, when the gaming ends;

   

  2. In relation to the morning on which summer time begins, paragraph (1) of this condition shall have effect­

  a)              with the substitution of references to three o'clock in the morning for references to two o'clock in the morning [or one hour following the hour actually specified in the certificate where the certificate currently requires closure between 1 a.m. and 2 a.m.]

   

  3. The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

   

   

  B              Regulated Entertainment

   

  Standard National conditions applying to the existing [public entertainment licence]

  Existing special conditions.

   

  a)              Capacity -             

  Monday to Saturday up to 19:00 hrs - 200 persons

  Monday to Wednesday after 19:00 hrs to 00:00 hrs - 400 persons

  Thursday to Saturday after 19:00 hrs - 400 persons

  Sunday - 400 persons

                             

   

  C              Children's Certificate

   

  A notice which states that a Children's Certificate is in force, in relation to the area to which the certificate relates, and explains the effect of the certificate and of any conditions attached to it must be posted in some conspicuous place in that area.

  No person under fourteen shall be in the bar of the canteen during the permitted hours unless one of the following applies:

  a) He is the child of the holder of the premises licence.

  b) He resides in the premises, but is not employed there.

  c) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

  d) The bar is in premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

  e)              i. He is in an area shown on the plan attached to the licence

  ii. Meals and non-alcoholic beverages are available for sale for consumption in that area.

  iii. He is in the company of a person aged 18 or over.

  iv. He is there prior to 9 p.m.

  v. He may remain in the area of the premises specified during the first thirty minutes after the certificate has ceased for the consumption of refreshments.

  In this condition "bar" includes any place exclusively or mainly used for the consumption of alcohol. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.

   

  Any existing conditions attached to existing Children’s Certificate

   

  1.              The certificate shall operate in the bar room defined by reference to the plan produced.

  2.              The certificate will apply on the following days of the week: Mondays to Saturdays inclusive and Sundays.

  3.              The hours when the certificate will operate will begin at 11:00 hrs and end at 18:00 hrs Monday to Saturday and from 12:00 hrs to 18:00 hrs on Sundays.

  4.              Meals and non-alcoholic drinks shall be available throughout the operational period of the certificate.

  5.              During the operation of the certificate any child present in the premises must be accompanied by an adult.

   

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached