Plymouth City CouncilLicensing Office

Mr Woks

102 Tavistock Place, Plymouth, Devon, PL4 8AY

Completed application 061246 which is a Transfer Application for Premises Licence from 07/04/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• a performance of dance
• provision of late night refreshment
• the sale by retail of alcohol
• any playing of recorded music

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.

   

  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

   

  The protection of children from harm

   

         1.    Under 18 must be with a responsible adult.

   

  Conditions agreed with The Environmental Health Authority and The Police Licensing Authority

   

  General

   

  1.              All staff shall be suitably trained for their job function in the operating standards for the premises. The training shall be under constant review.

  2.              All staff will be fully trained to perform their role. They will also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions.

  3.              The training will be recorded in documentary form that will be available for inspection on at the time of a request by a member of any relevant authority. The records will be retained for at least 12months.

  4.              Substantial food shall be available at all times (subject to a permitted wind-down period prior to closing)

  Public Nuisance

  1.              Notices placed in prominent positions will ask customers to leave the premises quietly.

  2.              Customers to be reminded of consideration to the public and noise levels when entering and leaving the building.

  3.              Doors and windows will be kept shut during indoor entertainment.

  4.              The delivery of goods is restricted to taking place between 08.00hrs and 18.00hrs.

  5.              Bottle skips and bins containing cans or bottles will not be emptied outside after 21.00hrs but will be dealt with the next day during normal working hours.

  6.              The Premises Licence Holder or nominated person (Designated Premises Supervisor/manager) will be available at all times during regulated entertainment and this person shall be responsible for cooperating and liaising with police and other responsible authorities as necessary.

  7.              A written log will be kept of all noise complaints received and reference to any remedial action taken to control noise and other disturbance.

  8.              Substantial food will be available at all times.  (Subject to a permitted wind-down period 30 minutes before the terminal hour of service)

  9.              All refuse produced by the premises will be stored securely in a designated area or in a bin with a tight fitting and lockable lid.

  10.              A senior member of staff will control the sound levels during regulated entertainment.

  11.              During regulated entertainment, noise emanating from the premises will not be distinguishable above background levels at the façade of the nearest residential properties.

  12.              A senior member of staff will monitor the locality during regulated entertainment and will take action if noise levels are not compliant with condition 11 above.  A written log will be kept of all monitoring and any action taken and maintained on-site.

  Outside Area

  1.              The outside licensable area must be cleared of patrons by 00.00hrs, other than for use as a designated smoking area

  2.              No drinks will be permitted to be taken to the outside rear area after 00.00hrs and no consumption of drinks to occur in the outside area after 00.00hrs.

  3.              A sign is to be placed in the outside rear area and on the entrance to the outside area from indoors, specifying that no drinks are to be taken into the outside area after 00.00hrs.

  4.              Management will 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.              Any recorded music in the outside area will cease by 23.00hrs.

  Public Safety

  1.              The capacity of the premises will be restricted to reflect the number of sanitary conveniences provided in line with British Standard: BS 6465-1:2006+Al:2009 and recommended numbers within.

  2.              Capacity of Outside Area is limited to 40 Persons

  3.              Capacity of Downstairs Area is limited to 80 Persons

            Prevention of Crime and Disorder

  1.              An incident book shall be maintained to record any activity of a violent, criminal or anti social nature. 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.

  2.              The incident book will be available for inspection at the time of request by a member of any relevant authority. The records will be retained for at least 12months.

  3.              All staff shall be suitably trained in the operating procedures for refusing service to any person who is drunk or is under age or appears to be under age.

  4.              No customers carrying open or sealed bottles cans or other receptacles containing alcoholic liquor shall be admitted to the premises at any time that the premises are open to the public.

  5.              No Bottles or glasses will be taken from the premises by customers

  6.              The outside beer garden will not be used beyond midnight other than for smoking only.

  7.              The Licence holder and Designated Premises Supervisor will ensure that any outside area included in the licence will be controlled in a safe and effective manner to the same standard operated within the premises building and will pay special attention to the impact that the use of the outside area has on the surrounding community.

  8.              The Premises Licence Holder will ensure that a CCTV system which is fully compliant with the guidance contained in the Information Commissioners Office (ICO) guidance document regarding installation of CCTV.

  9.              The CCTV will cover all areas of the premises to which the public have access including any outside areas

  10.              Images will be retained for a minimum of 31 days

  11.              The system will be capable of downloading images to a recognizable viewable format.

  12.              At all times the premises are open for business a member of staff will be present who is capable of operating the system and downloading images at the request of police or a member of a responsible authority.

  13.              The CCTV system will be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises.

  14.              The number of door supervisors employed shall be in accordance with the following ratio: A minimum of one door supervisor will be employed for the first 50 customers and one door supervisor for every 100 thereafter

  15.              Door supervisors will be responsible for ensuring the safe, quiet and orderly dispersal of customers from the premises and the immediate vicinity of the premises

  16.              The Premises Licence Holder and/or Designated Premises Supervisor shall ensure that the following details for each door supervisor are contemporaneously entered into a bound register kept for that purpose:

  (i)              Full name,

  (ii)              SIA Certificate number and or badge number, or registration number of any accreditation scheme recognised by the Licensing Authority (including expiry date of that registration or accreditation),

  (iii)              The time they began their duty

  (iv)              The time they completed their duty.

  (v)              The full details of any agency through which they have been allocated to work at the premises if appropriate

  17.  The register shall be available at all reasonable times to an authorised officer of the Licensing Authority or a police constable.  This register is to be kept at the premises at all times and shall be so maintained as to enable an authorised officer to establish the particulars of all door staff engaged at the premises during the period of not less than 12 months prior to the request.

  18.              Door supervisors shall be on duty at the premises on each Friday and Saturday evenings from 2400hrs until close of business.

  
  Protection of Children from Harm

  1.              The Licence Holder or nominated person shall have a written age verification policy in relation to the sale or supply of alcohol. This policy will include documented steps taken to prevent adults from purchasing alcohol for or on behalf of children under 18s and will specify a Challenge 25 proof of age requirement before sales of alcohol are made as approved by the Plymouth City Council Trading Standards responsible authority.

   

  2.              The Licence Holder or nominated person shall ensure that new bar staff supervisors and managers are trained in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol.  Training shall be signed and documented and training records be made available to an enforcement officer on request.

   

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  None

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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