Wiltun Hotel & Arts Club of Plymouth

39 Grand Parade, The Hoe, Plymouth, Devon, PL1 3DQ

Completed application 001588 which is a Variation Alongside Conversion for Premises Licence from 24/11/2005 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an exhibition of a film
• a performance of live music
• 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
• entertainment facilities for making music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• provision of late night refreshment
• the sale by retail 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.

   

  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

   

  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.

   

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  A              Supply of alcohol

   

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

   

  o              Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as an ancillary to meals served in the licensed premises.

  o              As per numbers 2 and 3 below.

   

  Alcohol may not be sold or supplied on the premises

   

  1.              Unless the premises are structurally adapted and bona fide used for the purpose of habitually providing the customary main meal at mid-day or in the evening, or both, for the accommodation of persons frequenting the premises; and the premises are bona fide used for the purpose of habitually providing for reward board and lodging, including breakfast and one other at least of the customary main meals.

  2.              Otherwise than to persons taking table meals there and for consumption by such a person as an ancillary to their meal OR otherwise than to persons residing there or their private friends bona fide entertained by them at their own expense, and for consumption by such a person or his private friend so entertained by him on the premises or with a meal supplied at but to be consumed off the premises.

  3.              Unless there shall be afforded in the premises for persons provided with a board and lodging for reward, adequate sitting accommodation in a room not used or to be used for sleeping accommodation, for the service of substantial refreshment or for the supply or consumption of alcohol

   

  The authorised hours for the sale of alcohol do not prohibit:

   

  1.              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;

  2.              the taking of alcohol from the premises by a person residing there;

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

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

  6.              Food available.

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

  8.              CCTV System in operation both internally and externally.

  9.              Retention of discs for minimum of 28 days.

  10.              Licensed door staff to appropriate levels as necessary.

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

  12.              No drinks hoarding.

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

  14.              Zero tolerance to offensive conduct.

  15.              Toughened glassware for draught products.

  16.              Regular glass collection.

  17.              Air-conditioning provided.

  18.              Regular dedicated cleaning of premises.

  19.              Advisory notices re. noise on leaving premises.

  20.              Freephone or similar taxi facility.

  21.              Nominated staff to deal with complaints from neighbours.

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

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

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

   

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

   

  Public Safety

  An air management system within the premises will be used during entertainment, as there will be insufficient ventilation when all windows and doors are closed, to prevent noise break out.

  Details of the system will be forwarded to the Environmental Regulation Services for comment.

   

  Public Nuisance

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

  5.              Between 23:00 hrs & 00:00 hrs

  To prevent entertainment being intrusive, noise emanating from the premises will not be clearly distinguishable above other noise 1 metre from the façade of the nearest residential property.

  6.              Between 00:00 hrs until closing

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

  7.              Rear doors leading to terrace/patio area must be closed after 21:00 hrs, except for special occasions as agreed with ERS eg, firework event on the Hoe.

  8.              No noise audible in adjoining property.

  9.              Position all noisy equipment away from residential premises.

   

• ANNEX 4 - PLANS

   

  As Attached