Plymouth City CouncilLicensing Office

33A Derry's Cross

33a Derrys Cross, Plymouth, Devon, PL1 2SW

Open application 098737 which is a Minor Variation Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• sale and supply of alcohol
• provision of late night refreshment

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.

   

• MINOR VARIATION APPLICATION 02/01/25 - Removal of licenced door supervisor on Thursday to Management Risk Assessment

   

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  ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  a) General

  1. All staff engaged in licensable activity at the premises will receive training and information in relation to the following:

  i/ The Challenge 25 scheme in operation at the premises, including the forms of identification that are acceptable.

  ii/ The hours and activities permitted by the premises licence issued under the Licensing Act 2003 and conditions attachedto the licence.

  iii/ How to complete and maintain the refusal register in operation at the premises (in relation to the sale of alcohol including all age related products and services).

  iv/ Recognising the signs of drunkenness and actions to be taken.

  v/ The operating procedures for refusing service to any person who is drunk, under-age or appears to be under-age, or appears to be making a proxy purchase.

  vi/ Action to be taken in the event of an emergency, including reporting an incident to the emergency services.

  2. Training shall be recorded in documentary form and shall be regularly refreshed at no greater than 12-month intervals. Training records shall be made available for inspection and copying at reasonable times upon request of an authorised officer of a responsible authority.

  3. Training records will be retained for at least 12 months.

  4. An incident log shall be kept and maintained at the premises which will include a log of the following, including pertinent details:

  i/ Any incidents of disorder or of a violent or anti-social nature.

  ii/ All crimes reported to the venue, or by the venue to the police.

  iii/ All ejections of patrons.

  iv/ Any complaints received.

  v/ Seizures of drugs or offensive weapons.

  vi/ Any faults in the CCTV system.

  vii/ Any visits by a responsible authority (under the Licensing Act 2003) or emergency service.

  5. Records must be completed within 24 hours of any incident, and 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.

  6. The logs shall be kept for at least 12 months following the date of entry and be made available for inspection and copying upon request of an authorised officer of a responsible authority.

  b) The prevention of crime and disorder

  7. The premise will have a written vulnerability,safeguarding and dispersal policy, which all members of staff will be directed to read and sign that they have read the policy.

  8. Signs will be placed at the edge of the licensed area to inform customers "no alcohol in unsealed containers are permitted to leave the premises and you are entering an area covered by a Public Spaces Protection Order.

  9. The maximum number of persons (including staff and entertainers) allowed at the premises shall not exceed 450.

  10. The Designated Premises Supervisor must conduct a written risk assessment for the requirement of SIA licensed door supervisors unless on a Thursday, Friday and Saturday a minimum of 2 SIA registered staff deployed from 21 :30 hours to 03 :20 hours. and one door supervisor for every 100 thereafter.

  11. The following details for each door supervisor will be contemporaneously entered into a register kept for that purpose:

  I/ Full name.

  II/ SIA licence/badge number, and registration number of any accreditation scheme recognised by the Licensing Authority

  (including expiry date of that registration or accreditation).

  Ill/ The date and time they began their duty.

  IV/ The date and 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.

  12. The register shall be available for inspection and copying at all reasonable times by an authorised officer of a responsible authority.

  13. The register shall be kept at the premises at all times and be so maintained as to enable an authorised officer to establish the particulars of all door supervisors engaged at the premises during the period of not less than 12 months prior to the request.

  c) Public safety

  14. The premises shall install operate and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police and Local Authority. As a minimum, the system must:

  I/ Cover all public areas of the licensed premises including entry and exit points.

  II/ Record clear images permitting the identification of individuals, and in particular enable (a clear head and shoulder image) of every person entering and leaving in any light condition.

  Ill/ Continually record whilst the premises are open for licensable activities and during all times when customers remain on the premises.

  V/ Store recordings for a minimum period of 31 days with date and time stamping.

  VI/ Viewable copies of recordings will be provided on request to police and local authority officers as soon as is reasonably practicable and in accordance with the General Data Protection Regulation Data protection Act 2018 (or any replacement legislation).

  VII/ The CCTV system will be capable of downloading images to a recognisable viewable format.

  15. A staff member from the premises who is conversant with the operation of the CCTV system shall be on the premises at all times when the premises are open. This staff member must be able to provide an authorised officer of a responsible authority copies of recent CCTV images or data with the absolute minimum of delay when requested (in accordance with the Data Protection Act 2018 or any replacement legislation).

  16. By 2100 hours each day the venue is to be free of all glass vessels and bottles to be decanted to poly/plastic.

  d) The prevention of public nuisance

  17. Between 23:00 and 08:00 there will be total sound containment within the premises.

  18. No speakers for amplification of music shall be placed on the outside of the premises or on the outside of any building forming a part of the premises.

  19. The Premises Licence Holder or nominated person shall ensure that suitable signage is positioned at exits to request that patrons 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 and asked to leave the vicinity quickly and quietly.

  20. The Premises Licence Holder or nominated person shall control levels of noise from customers outside the premises and advise them 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.

  21. The pavement at the front of the premises must be kept clean. This area must be swept and cleared of any litter at the start and end of trading.

  22. During opening hours suitable provision will be provided at the front of the premises for the collection of smoking/vaping related litter.

  23. Alcohol can only be ordered for delivery to a residential or business address and not to a public place.

  24. Alcohol can only be ordered for delivery to the person placing the order.

  25. Full address details, including postcode, must be given when placing an online order for alcohol.

  26. At the time an online order for alcohol is placed a declaration will be required from the person placing the order that the person is over 18 years of age.

  27. Customers will be reminded that it is a criminal offence for a person under 18 to purchase or attempt to purchase alcohol and that it is also an offence to purchase alcohol on behalf of a person under 18.

  28. The premises licence holder will advise Deliveroo (or similar delivery systems) of all licence conditions pertaining to the online sale of alcohol and require that the terms and conditions of the website of Deliveroo (or similar) include reference to the right and obligation of the driver to refuse delivery in specified circumstances.

  e) The protection of children from harm

  29. The Designated Premises Supervisor shall ensure that all bar staff, supervisors and managers are trained in the legality and procedure of alcohol sales, using the NPOANS online 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 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.

  30. The 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

   

  Conditions yet to be entered.