Cherry Tree

291 Ham Drive, Pennycross, Plymouth, Devon, PL2 3NH

Completed application 092744 which is a Minor Variation Application for Premises Licence from 31/10/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• provision of late night refreshment
• sale and supply of alcohol
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance

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.

   

  B              Steps that have been taken to promote the four licensing objectives

   

  1. Staff banned from drinking on duty

  2. Records maintained of any material incidents within or in immediate vicinity of premises

  3. Zero tolerance to drugs use and dealing

  4. Any person causing confrontation will be asked to leave, if this person does not co-operate the help of the police will be requested

  5. Policy of banning customers for misbehaviour within or in vicinity of premises where deemed necessary and appropriate

  6. Availability of soft drinks, non-alcoholic and/or low alcohol beverages at all times

  7. Specific staff training and supervision in assessment of customer consumption and condition

  8. Internal and external CCTV system

  9. Doors to the premise will be shut at midnight and no new customers will be allowed entry after this time

  10. No cheap alcoholic drinks promotions cut-price drinks, ‘package deals’

  11.              No drinks hoarding

  12.              Pro-active policy against ‘binge’ drinking

  13.              Zero tolerance to offensive conduct

  14.              Regular glass collection

  15.              Regular dedicated cleaning of premises

  16.              Limit on number in premises

  17.  Controlled noise levels where music is played

  18.              Advisory notices re. noise on leaving premises

  19.              Freephone or similar taxi facility

  20.              Nominated staff to deal with complaints from neighbours

  21.              CCTV and/or regular monitoring of external areas of premises at night

  22.              Warning notices in place in relation to under age drinking

  23  Children must be accompanies by an adult and are not allowed on the premises after 19.00hrs

  24.              Full training for staff in law specifically relating to minors and alcohol and specific photo I/D proof of age requirements

   

  C.              Conditions Agreed with The Environmental Health Authority

   

  1. Live and recorded music entertainment must be concluded by 00.00hrs

  2. Windows and doors will remain closed at all times when regulated entertainment is taking place

  3. Music noise should not be ‘Clearly Audible’ 1 metre from the façade of the nearest residential property

  4. A responsible member of staff (manager) will routinely monitor for noise breakout during entertainment

  5. A responsible member of staff (manager) will take action to reduce the level of noise if found to be ‘Clearly Audible’ 1 metre from the façade of the nearest residential property

  6. 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

  7. Suitable signage at the exit to request the co-operation of patrons to make as little noise as possible when leaving the premises
   

  D.              Conditions Agreed with the Licensing Police Authority

   

  Crime & Disorder

   

   Whenever the designated premises supervisor is not at the premises another responsible person will be nominated by the designated premises supervisor as being the person to manage the premises

                A digital CCTV system that covers the public areas inside the premises will be maintained in good working order at all times including facial recognition either at the entrance or exit point.  The images recorded will ne of good quality and will be retained for 14 days and made available to the authorities on request.

                A notice will be displayed at the entrance to the premises advising that CCTV is in operation

                The Police Licensing Department will be informed if the CCTV system is not working properly

   

  Public Safety

   

   No open bottles or other vessels will be permitted to be taken from the premises

   A daily incident logbook detailing all incidents of note at the premises or in the immediate vicinity e.g. slips, accidents, entry refusals and incidents of disorder etc.   The log will detail the date, time, type of incident, brief circumstances, action taken and person dealing.  The logbook will be made available for up to x=six months Police or any other responsible authority for inspection, if required.  All relevant incidents will be reported to the police at the earliest opportunity.

   

  Public Nuisance

   

   At least 15 minutes before the last sale of alcohol the atmosphere will be adjusted to create a calm period of wind down.  An example will be the turning up of lights and switching off of any background music.

   The DPS will ensure that the level of noise emitting from the premises is kept to a minimum so as to not disturb the residential neighbours.

   

  Protection of Children

   

   Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18.  The following are the only forms of identification acceptable:

                UK Driving Licence

                Passport

                PASS card (Proof of Age Standards Scheme)

   

   Notices obtained from Police publicising the Challenge 21 initiative shall be clearly displayed at the entrance to the premises and behind the bar area at all times

   Children under the age of 18 years will not be allowed entry when any entertainment of an adult or sexual nature is taking place.

   

  General

   

   Police Officers will be afforded all possible assistance in the course of their investigations that relate directly to the premise.

   All material evidence resulting from a criminal incident will be preserved for Police forensic examination.

   

   

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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