Mutley Crown

9-11 Mutley Plain, Plymouth, Devon, PL4 6JG

Completed application 040235 which is a Lapsed for Premises Licence from 28/05/2013 to 24/06/2013

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• provision of late night refreshment
• sale and supply of alcohol
• a performance of a play
• an exhibition of a film
• an indoor sporting event
• a boxing or wrestling entertainment
• any playing of recorded music
• a performance of dance
• 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

   

  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.

   

  Exhibition of films

   

  (1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

   

  (2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

   

  (3) Where-

  (a) the film classification body is not specified in the licence, or

  (b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  (4) In this section-

  "children" means persons aged under 18; and

  "film classification body" means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

  Plays

   

  (1) In relation to a premises licence, which authorises the performance of plays, no condition may be attached to the licence as to the nature of the plays, which may be performed, or the manner of performing plays, under the licence.

   

  (2) But subsection (1) does not prevent a licensing authority imposing, in accordance with section 18(2)(a) or (3)(b), 35(3)(b) or 52(3), any condition which it considers necessary on the grounds of public safety.

   

  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

   

  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

   

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

   

  B              Regulated Entertainment

   

  Standard National conditions applying to the existing (public entertainment licence)

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

   

  a)              Capacity -              300 persons

   

  C              Conditions agreed with Environmental Health Authority

                Public Nuisance

   

  1.              The use of the beer garden for the consumption of alcohol will cease at 21.00hrs.

  2.              After 21.00hrs management will control noise levels of patrons in the designated smoking area.

  3.              Staff will check prior to entertainment, and periodically during the entertainment, that all windows and doors are shut.

  4.              Management will control the sound levels of the music/entertainment

  5.              An announcement will be made prior to closing requesting patrons co-operation in leaving the premises and vicinity as quietly and quickly as possible

   

                Between 00:00 hrs and 04:30 hrs

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

   

  D              Steps taken in order to promote the four Licensing objectives

   

  1.              Training for all house managers on dealing with illegal activities & aggressive customers.

  2.              We are a member of Pubwatch, and work with other premises on Mutley Plain to avoid letting in individuals who are likely to carry on criminal activities or cause a disturbance.

  3.              Sensible drinking policy & training in place - restrictions on discounting and promotions, sale to under 18 and drunks.

  4.              Zero tolerance towards drugs.

  5.              Training on communicating with customers when service is refused for no proof of ID.

  6.              We are a responsible retailer of alcohol and have trained staff to refuse service to any person who appears to be intoxicated.

  7.              Door staff are employed at weekends and will move on any customers/passers by who are causing a disturbance.

  8.              We have introduced a smoking area, which means that customers are encouraged not to stand on Mutley Plain to smoke, and are supervised by bar staff throughout the week and door staff during the weekend in our enclosed garden.

  9.              Number of door supervisors x 2 Thursday, Friday & Saturday.

  10.              CCTV (24hrs a day) and information is retained for 14 days, it covers every area of The Mutley Crown, including the street outside.  Screens inside the pub are shown in rotation to discourage anti-social behaviour.

  11.              Supervision of trading area by management, staff & glass collector’s etc.

  12.              Exclusion of known troublemakers.

  13.              No external drinking after 21:00 hrs.

  14.              All external doors are closed at 21.30 hrs to minimise noise levels.

  15.              No external regulated entertainment.

  16.              External background music to be turned off at 21:00 hrs

  17.              All windows and external doors to be kept shut during live performance save for customer access and egress.

  18.              All back, fire exits are kept closed throughout the night to ensure minimum disturbance to residents at the rear of the pub.

  19.              We monitor noise levels coming from The Mutley Crown by way of checking from the other side of the street that music is not too loud.

  20.              Suitable signage is displayed inside The Mutley Crown, requesting our customers to keep noise levels down, to avoid disturbance to local residents and the co-operation of patrons to make as little noise as possible when leaving the premises.

  21.              Bottle bins are emptied during the day to further reduce noise.

  22.              Regular venue and toilet checks

  23.              External lighting of car parks and walkways

  24.              Children are not allowed on the site after 20:00 hrs.(unless attending an event in the function room).

  25.              Minimum age signage to be displayed on the AWP’s.

  26.              Challenge 21 posters are displayed - proof of ID is required.

                  27.              Children to be allowed in family areas only unless passing from one place to another, and must be accompanied by an adult.

   

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached