Beggars Banquet

45 Tavistock Place, North Hill, Plymouth, Devon, PL4 8AX

Completed application 070628 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 13/12/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• the sale by retail of alcohol
• any playing of recorded music
• 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.

   

• 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.

   

  Steps taken to promote the four licensing objectives

   

  The Protection of Children from Harm

   

  We operate a ‘Challenge 25’ scheme

   

  25 June 2012

   

  A minor variation received to change the name of the premise and to include the small bar on the first floor.

   

  07 July 2014

   

  A variation received to add the terrace to the existing licence.

   

   

  Conditions agreed with the Police Licensing Authority

   

  Prevention of Crime and Disorder -

   

  All staff shall be fully trained to perform their role. The Premises Licence Holder or Designated Premises Supervisor shall ensure that all staff are trained in the legality and procedure of alcohol sales, using the SWERCOTS on-line training pack or equivalent, the contents of the premises licence including times of operation, licensable activities and all conditions prior to undertaking the sale of alcohol and then at least every 12 months.

   

  Training of staff 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 3 years.

   

  A refusal record will be kept for any underage or person refused service. The record will contain the time and date, the reason, the person (if known), the action taken and details of the staff member.

   

  An incident book shall be maintained to record any activity of a violent, criminal or anti-social behaviour. 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.

   

  The refusal register and 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 3 years.

   

  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 shall cover  all areas of the premises to which the public have access including outside frontage of premises and capable of obtaining a clear head and shoulders image of every person entering or leaving the Premises.

   

  The images shall be retained for a minimum of 28 days and the CCTV system shall be capable of downloading images to a recognisable viewable format.

   

  There will be at least 1 member of door staff on a Friday and Saturday night between the hours of 24.00 and 02.00hrs.  This will ensure safety of patrons, monitoring of the outside area, consideration to the local residents, and litter.

   

  After midnight, a table service will be put in place, so that the customers are seated and food and drinks are brought to them unless taking away.

   

  Customers will not be allowed to congregate around the coffee bar/pick up area this is purely for collection of drinks and not for customers to stand at and be social.

   

   

  Public Safety

  The Designated Premises Supervisor and/or Responsible Person shall ensure that no open drinking vessel (other than takeaway drinks), glasses or bottles are taken outside the premise.

  There will be a zero tolerance to offensive conduct

  The capacity of the venue shall not exceed 100 persons and there will be an adequate number of seats to allow all customers to sit down if the premises are at full occupancy will be turned away.

   

   

  The Prevention of Public Nuisance

   

  The smoking area at the frontage of the premises is to be monitored and managed to the same standard inside the premises to prevent any public nuisance

  Customers will be requested to respect local residents, any patron causing a disturbance or disorder will be asked to leave the premises

   

  Protection of Children from Harm

   

  All staff shall be trained in the requirements of the Challenge 21 policies

   

   

  Conditions agreed with The Environmental Health Authority

   

  1.              The 1st floor external balcony will be limited to a maximum occupancy of 40 persons,  (other than staff or customers traffic movement through the area)

  2.              The 1st floor external balcony will have available seating for a maximum of 40 persons whilst the premise is open to the public.

  3.              The 1st floor balcony shall be predominantly used for seated customers and not used as a vertical drinking area.

  4.              The Premises Licence Holder or nominated person shall control levels of noise in the outside area and advise customers 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.

  5.              The Premises Licence Holder or nominated person shall erect and maintain, in a prominent position at every exit a clear, conspicuous and legible notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents.

  6.              The Premises Licence Holder or nominated person shall be aware of the number of the people on the premises at all reasonable times.  This information shall be immediately available on the request of any responsible authority.

   

   

  Conditions agreed with The Environmental Health Authority  - Variation June 2015

   

  1.              Between 02.00hrs and 05.00hrs all windows must remain closed and the doors fitted with self-closers and opened to allow access/egress only

  2.              Between 02.00hrs and 05.00hrs noise emanating from the premises will not be distinguishable above background noise one metre from the façade of the nearest residential property

   

  There will be no adult entertainment held at this premises.

   

   

   

   

   

   

   

• Annex 3 - Conditions attached after a review hearing by the licensing authority (04th february 2009)

   

  1.              The performance of live and recorded entertainment (including the location of portable speakers) outside the premises must be completed by 00.00hrs.

  2.              The licensee/management will control the sound levels of the music/entertainment.  A noise limiting device (the specification and design to be agreed with Environmental Health Service) must be fitted so that all regulated and recorded music is channelled through the device(s).  The maximum noise levels will be set by agreement with the Environmental Health Service and will be reviewed from time to time as appropriate.

  3.              All amplified sound sources from the premises will go through the noise limiter.

  4.              The performance of live entertainment must be limited to a maximum duration of 2 hours inclusive of any breaks.

  5.              The performance of live entertainment (groups/bands) must be limited to one session per week.

  6.              During the performance of live and recorded entertainment indoors beyond 00.00hrs until closing the doors and windows must be kept shut.

  7.              Between 00.00hrs and 02.00hrs to prevent entertainment being intrusive, noise emanating from the premises will not be distinguishable above other noise one metre from the façade of the nearest residential property.

  8.              A senior member of staff is nominated as the person responsible for the management, supervision and control of regulated entertainment.  This person will be responsible for instructing performers on the restrictions and controls to be applied.

  9.              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.

  10.              A nominated person to be available at all times when entertainment is taking place and who is responsible for cooperating and liaising with police and responsible authorities.

  11.              The noise limiting device to be fitted and working by the 19th April 2009.

   

  Committee Hearing held 22nd June 2009

   

  The cumulative impact policy was applied and the variation application was refused.

   

  Committee Hearing held 28th July 2015

   

  1.              There will be at least 1 member of door staff on a Thursday, Friday, Saturday and bank holiday Sunday nights between the hours of midnight and 5am.  This will ensure the safety of patrons, monitoring of the outside area, consideration to the local residents and litter.

  2.              An additional condition that the immediate outside area of the premises is to be clean and tidy at the close of business

   

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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