Rock Bottom Bar

25 Mutley Plain, Mutley, Plymouth, Devon, PL4 6JG

Completed application 090030 which is a Request for Removal of Premises Supervisor for Premises Licence from 03/03/2023 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• a performance of dance
• sale and supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  1. The first condition is that no supply of alcohol may be made under the 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. The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

     3.(1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

  (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 (other than any promotion or discount available to an individual in respect of alcohol for

  consumption at a table meal, as defined in section 159 of the Act);

  (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;

  (d) provision of free or discounted alcohol in relation to the viewing on the premises of a

  sporting event, where that provision is dependent on-

  (i) the outcome of a race, competition or other event or process, or

  (ii) the likelihood of anything occurring or not occurring;

  (e) 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.

   

  4. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  5.The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6.(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

  (2) 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 a holographic mark.

   

  7. The responsible person shall 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; and

  (b) customers are made aware of the availability of these measures.

   

  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

   

  A              Supply of alcohol

   

  Any existing conditions attached to existing justices licence

   

  1.              Substantial food and non-intoxicating beverages (including drinking water) shall be available during licensed hours in all parts of the premises where alcohol is sold.

  2.              The sale or supply of intoxicating liquor shall be made by waiter or waitress service to customers who must be seated for that purpose.

   

  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 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.

   

  Special Hours Certificate - Mondays to Saturdays from 11:00 hrs - 01:00 hrs and Sundays from 12:00 hrs - 00:30 hrs

  Where a special hours certificate is in force on all or certain days, replace the permitted hours condition for those days with the following:

   

  1. Subject to the following paragraphs, the permitted hours on weekdays shall extend until two o'clock in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that­

  a)              the permitted hours shall end at midnight. . . on any day on which music and dancing is not (or, in the case of casino premises, gaming facilities are not) provided after midnight; and

  b)              on any day that music and dancing end (or, in the case of casino premises, gaming ends) between midnight and two o'clock in the morning, the permitted hours shall end when the music and dancing end or, as the case may be, when the gaming ends;

   

  2. In relation to the morning on which summer time begins, paragraph (1) of this condition shall have effect­

  a)              with the substitution of references to three o'clock in the morning for references to two o'clock in the morning [or one hour following the hour actually specified in the certificate where the certificate currently requires closure between 1 a.m. and 2 a.m.]

   

  3. Except on Sundays immediately before bank holidays, the permitted hours on Sundays shall extend until thirty minutes past midnight in the morning following [or, if an earlier hour is specified in the special hours certificate, that hour], except that­

  a)              the permitted hours shall end at midnight on any Sunday on which music and dancing is not (or, in the case of casino premises, gaming facilities are not) provided after midnight;

  b)              where music and dancing end (or, in the case of casino premises, gaming ends) between midnight on any Sunday and thirty minutes past midnight, the permitted hours on that Sunday shall end when the music and dancing end or, as the case may be, when the gaming ends.

   

  4. On Sundays immediately before bank holidays, the permitted hours shall extend until 2 a.m. in the morning following, except that­

  a)              the permitted hours shall end at midnight on any Sunday on which music and dancing is not (or, in the case of casino premises, gaming facilities are not) provided after midnight;

  b)              where music and dancing end (or, in the case of casino premises, gaming ends) between midnight on any Sunday and 2 a.m., the permitted hours on that Sunday shall end when the music and dancing end or, as the case may be, when the gaming ends.

   

  For casino premises:

  5. The sale of alcohol must be ancillary to the use of the premises for gaming facilities and substantial refreshment.

   

  For other premises

  6. The sale of alcohol must be ancillary to the use of the premises for music and dancing and substantial refreshment.

   

   

  B              Regulated Entertainment - Ground Floor and Basement Area

   

  Standard National conditions applying to the existing [public entertainment licence]

  Existing special conditions.

   

  a)              Capacity -              100

   

   

  C              Steps taken in order to promote the four Licensing objectives

   

  1.              Staff banned from drinking on duty.

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

  3.              Drugs warning notices on display.

  4.              Zero tolerance to drugs use and dealing.

  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.              Food available.

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

  9.              Internal and external CCTV system.

  10.              Retention of tapes/discs etc for minimum 30 days.

  11.              Licensed door staff to appropriate levels as necessary.

  12.              No cheap alcoholic drinks promotions cut-price drinks, “package deals”.

  13.              No drinks hoarding.

  14.              Pro-active policy against “binge” drinking.

  15.              Zero tolerance to offensive conduct.

  16.              Regular glass collection.

  17.              Regular dedicated cleaning of premises.

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

  19.              No entry to anyone under 18.

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

  21.              Full training for staff in law specifically relating to minors and alcohol and specific photo i/d proof of age requirements.

   

   

  D              Conditions agreed with Environmental Health Authority

   

  General noise controls

  1.              Doors and windows will be kept shut during entertainment.

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

  3.              A member of staff will be positioned at exits particularly at closing times.

  4.              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.

  Between 01:00 hrs and 02:00 hrs

  5.              Noise emanating from the premises will not be distinguishable above background levels 1 metre from the façade of the nearest residential property.

  After 02:00 hrs until closing

  6.              Total sound containment within the premises.

   

   

   

   

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

   

  1)              On Friday and Saturday evenings the Licence holders are to employ one door staff member from 8pm until closing time.

  2)              On any other occasions on any night to employ staff in consultation with the police and any other relevant authority, to employ one or two door staff to deal with any perceived problems as necessary;

  3)              The License holders are to have a policy of challenge 25 in force and the only form of ID acceptable are as prescribed by that policy;

  4)              The License holders are to keep a record of all refusals of service of alcohol and to make this record available to Police and relevant authorities on request;

   

  A minor variation was applied for on 07 June 2012 to alter condition 1 in Annex 3 to:

  To reduce the number of doormen required from 2 to 1 on a Friday and Saturday night from 22.00hrs to 13.00hrs.

   

• ANNEX 4 - PLANS

   

  As Attached