Plymouth City CouncilLicensing Office

Lower Deck, The

Unit 1 Lynher Building, Queen Annes Battery, Plymouth, Devon, PL4 0LP

Open application 101190 which is a New Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• sale and supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS (PREMISES LICENCE - ON & OFF SALES)

   

  No supply of alcohol may be made under this Premises Licence when there is no Designated Premises Supervisor in respect of the Premises Licence.

   

  No supply of alcohol may be made when the Designated Premises Supervisor does not hold a Personal Licence or his Personal Licence is suspended.

   

  Every supply of alcohol under this Premises Licence must be made or authorised by a Personal Licence holder.

   

  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.

   

  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).

   

  2.               The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

   

  3.              (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.

   

  4.               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.

   

  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.  For the purposes of this condition -

   

  (b)              “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979;

   

  (c)              “permitted price” is the price found by applying the formula P = D + (DxV) where:

   

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  General

   

  The primary use of the premises shall be as a cafe/takeaway venue and not as a public house or predominantly as a drinking establishment. All staff will be provided with training in relation to the licensing objectives that are commensurate with their duties. This will include the individual's responsibilities under the act such as, age verification and licensing offences, as appropriate. Details of the training will be recorded in a personnel file or log book and will be refreshed at regular intervals. A log book shall be maintained at the premises to record any incidents that are pertinent to the licensing objectives, including refusals of sale of alcohol, disturbance, crime or disorder. This log book or a copy shall be kept available for inspection at the premises for a period of no less than 6 months from the date of last entry.

   

  The prevention of crime and disorder

   

  Staff will be trained to recognise any person who is drunk or under age and refuse service. An incident record will be kept of any violent, criminal or anti social behaviour giving the name, date and reason for refusal. Staff will be trained to remain vigilant for any potential nuisance being caused and act in a timely manner. There will be no irresponsible drinking promotions and alcohol will be sold in appropriate measures in accordance with the Licensing Act.

   

  Public safety

   

  All safety matters at the premises are adequately covered by statutory provisions such as The Health and Safety at Work

  (etc) Act 1974 and The Regulatory Reform (Fire Safety) Order 2005. Staff will be trained in evacuation procedures and appropriate muster points and a log will be kept on their training record. The premises will be kept in a clean and safe condition. Signage will mark exits.

   

  The prevention of public nuisance

   

  The licensee will ensure that no noise will emanate from the premises nor vibration be transmitted through the structure of the premises which gives rise to a nuisance to local residents. If loudspeakers are used they will be mounted on anti-vibration bases. Live music will not be performed after 23:00, regular checks will be made outside of the premises on at least an hourly basis to try and ensure sound does not give rise to a public nuisance. The licensee or other nominated representative will monitor noise levels outside nearby dwellings, the nearest dwelling however is approximately 100 yards away. If, as a result of this monitoring, it is considered that the noise levels are likely to give rise to, or do give rise to, a public nuisance, immediate action will be taken to cause the volume of the entertainment to be reduced to suitable levels. A record of these checks and of any action taken as a result wil be maintained in a log book kept specifically for the purpose. The log book shall be made available for inspection by an authorised officer of the licensing authority on request. Refuse, such as bottles, shall not be placed into receptacles outside the premises between 23:00 hours and 07:00 hours in order to minimise the disturbance to nearby properties and customers will reminded when leaving the premises to keep the noise to a reasonable level.

   

  The protection of children from harm

   

  Signs will be displayed that Challenge 25 will be in operation on the premises. The staff will be trained to use the challenge 25 scheme and the age verification conditions. Customers who appear be under 25 years of age will be required to prove their age when purchasing alcohol. Suitable forms of identification will be a passport, 'pass' card or other identification recognised by the licensing authority in its statement of licensing policy.

   

   

• 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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