Jesters

39-43 Union Street, Plymouth, Devon, PL1 3LU

Completed application 075960 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 09/12/2019 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• 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.

   

  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).

   

   

  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

   

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

  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.

  All staff shall be trained in the requirements of the Challenge 25 policy

  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

  The upstairs bar will stop serving alcohol at 04.00hrs and the area will be vacated by 04.30hrs
  
  The rear cocktail bar will stop serving alcohol at 03.00hrs and will serve non-alcoholic drinks and beverages.
  
  Maximum occupancy. The maximum occupancy figures for inside the premises will be 900. (Such number to be inclusive of any staff, performers and competitors on the premises).
  Ground Floor - 700 persons
  First Floor - 200 persons
  
  the number of people entering and leaving the premises will be counted to ensure that, once the maximum occupancy is reached, no further persons are admitted.

  There will be door staff at the entrance and exit to the premises on the ground floor and also on the stairway leading to the first floor who will count the occupants by the use of mechanical clickers.

  Where maximum occupancy is attained this will be recorded in the incident book.

  No customers carrying open or sealed bottles or glasses will be admitted to the premises at any time.

  No customers will be permitted to take open containers of alcoholic or soft drinks from the premises and all bottles and glasses will be removed from public areas as soon as they are finished with or empty.

  The premises licence holder and DPS will have in place a policy for the management of large groups of customers for example hen and stag parties.

  This policy will nominate one person from management and one person from the group who will be identifiable and contactable in the event of any issues.

   

  Prevention of Crime and Disorder

  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

  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 recognisable viewable format.

  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

  Door supervisors will be employed at all times the premises are open and conducting licensable activity.

  The number of door supervisors employed shall be in accordance with the following ratio: A minimum of two door supervisors will be employed for the first 100 customers and one door supervisor for every 100 thereafter.

  All door supervisors will wear clothing identifying them as such and display their SIA badge in an approved method (i.e. arm display badge holder) at all times.

  The Premises Licence Holder and/or Designated Premises Supervisor shall ensure door supervisors are properly briefed and trained to manage queues in a safe and efficient manner.

  All door staff shall be trained in the requirements of the Challenge 25 policies, the identification and recognition of drunks and the correct procedures to be followed when refusing entry.

  The Premises Licence Holder and/or Designated Premises Supervisor shall ensure that the following details for each door supervisor are contemporaneously entered into a bound register kept for that purpose:

  (i)              Full name,

  (ii)              SIA Certificate number and or badge number, or registration number of any accreditation scheme recognised by the Licensing Authority (including expiry date of that registration or accreditation),

  (iii)              The time they began their duty

  (iv)              The time they completed their duty.

  (v)              The full details of any agency through which they have been allocated to work at the premises if appropriate

  The register shall be available at all reasonable times to an authorised officer of the Licensing Authority or a police constable. 

  This register is to be kept at the premises at all times and shall be so maintained as to enable an authorised officer to establish the particulars of all door staff engaged at the premises during the period of not less than 12 months prior to the request.

  The Premises Licence Holder and/or Designated Premises Supervisor shall arrange adequate supervision by SIA registered staff of any queue, which may form to gain entry to the premises.

  Door supervisors will be responsible for controlling the safe, quiet and orderly dispersal of customers from the premises and the immediate vicinity of 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.

  All incidents of violence within the premises will be reported to the Police at the earliest opportunity

   

  The Prevention of Public Nuisance.

  Noise - the patrons / audience will not be exposed to an event leq 107db(a) and the peak sound pressure level should not exceed 140 db. where the event leq is likely to exceed 96 db(a).

  Noise or vibration will not emanate from the premises such as to cause persons in the neighbourhood to be unreasonably disturbed.

  All external doors and windows will be kept shut, other than for access and egress, in all rooms when events involving amplified music or speech or other entertainment likely to give rise to noise are taking place.

  Sufficient ventilation will be provided so that doors and windows can be kept closed.

  Suitable signage at all relevant exits requesting that patrons make as little noise as possible when leaving the premises shall be displayed.

  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.

  An announcement will be made prior to closing requesting patrons co-operation in leaving the premises and vicinity as quietly and quickly as possible.

  Staff will check prior to entertainment, and periodically during the entertainment, that all windows and doors are shut.

  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.

  The volume of amplified sound used in connection with the entertainment shall at all times be under the control of the management.
   

  The delivery of goods is restricted to the following times between 8 am and 5 pm

  The handling of beer kegs, bottles and other similar items will not take place in the late evening, at night and during the early morning, when the noise generated could cause a nuisance particularly outside buildings.

  
  Conditions that have been agreed with The Environmental Health Authority

  Suitable signage requesting patrons to make as little noise as possible while using this area shall be placed at the entrances and exits to the external smoking area

  Doors providing access to external smoking areas shall be fitted with self-closures, and shall be maintained in good working order.

  After 23.00hrs

  Noise emanating from the premises will not be clearly audible at the nearest residential property.

  From midnight until close, at least one member of door staff will be located on the roof/smoking area to request patrons keep the noise down, and will ensure that doors giving access to the smoking area are kept shut

  If patrons are to be allowed to use the area for smoking then the following conditions must apply:

  the area must be permanently monitored by door staff and CCTV to ensure that patrons do not cause a nuisance or engage in any anti social or criminal behaviour.

   

  The Protection of Children from Harm

  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.             

  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.

  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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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