Plymouth City CouncilLicensing Office

Davie Hall

Clifton Place, North Hill, Plymouth, Devon, PL4 8HU

Open application 101814 which is a Transfer and Variation of DPS for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• sale and supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS (PREMISES LICENCE - ON 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              Conditions that have been agreed with the Environmental Health Authority

   

  Public Nuisance

  1.              The deliveries of goods are restricted to the normal working day.

  2.              The movement of bins and rubbish outside the premises will be kept to a minimum after 11.00pm.

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

  4.              Entrances will be provided with lobbies with automatic door-closers. The lobbies are in use throughout the time of entertainment.

  5.              Patrons will be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity quickly and quietly.

  6.              A specific taxi operator has been nominated for staff and customers use. The company’s telephone number is advertised to customers. The operator, and all drivers, are aware that they should arrive and depart as quietly as possible, should not sound vehicle horns as a signal of their arrival or leave engines idling unnecessarily. In addition, staff will leave as quietly as possible, particularly at night and early in the morning.

  7.              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.

  9.              Staff will monitor the use of the car park to ensure patrons do not congregate in this area and cause annoyance.

  11.              Where patrons are smoking outside the premises, the licensee/management shall ensure that this is undertaken in a quiet and orderly manner.

   

   

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

   

  General

  1.              Management are advised by a qualified BIIAB Personal Licence holder on issues relating to the licensing law and objectives.

  2.              A copy of the licensing objectives with the condition listed below will be available for staff

  3.              A log of all instances which demonstrate any issues relating to the licensing objectives. This will be monitored to identify areas which may need improvement/maintenance/alteration.

  Prevention of Crime and Disorder

  1.              Posters are displayed for staff viewing to create awareness of the signs that a consumer is drunk and should not be sold any further alcohol. The posters also highlight the implications of not doing so.

  2.              Door control will be provided for parties which we consider to be of high risk such as large groups which do not have catering provision or groups where the majority is under 25 years of age.

  3.              A member of staff will patrol all areas of the building, including those areas off limits or closed, on a regular basis to deter any illegal or inappropriate activity and identify if it does occur.

  4.              Participation in Plymouth PubWatch scheme and the display of signage indicating that anti-social and aggressive behaviour will not be tolerated.

  Public Safety

  1.              Members of staff will regularly patrol the premises to ensure that glass, rubbish, debris and any other item which may cause a health and safety hazard is disposed of or stored away.

  2.              An alarm system with a panic button fitted in the bar will allow emergency contact with the police in the case of a serious situation.

  3.              A member of staff will patrol all areas of the building, including those areas off limits or closed, on a regular basis to ensure consumers are not in restricted an/or dangerous area, including the kitchen.

  4.              Signs will be displayed indicating that the use or dealing of illegal substances will not be tolerated and will be reported to the police and other premises involved in the PubWatch Scheme.

  Public Nuisance

  1.              A garden area which is enclosed from the street is available which allows individuals to smoke off the street. It further provides an area where consumers may have fresh are without being on the street.

  2.              The display on exits of signs requesting consumers to respect the surrounding residents and leave as quietly as possible.

  3.              After the end of an event a one hour winding down period will be provided to prevent large numbers of consumers leaving at the same time.

  4.              A member of staff will monitor the exits to promote a quite exit and to prevent glasses and bottles from leaving the premises for parties which we consider to be of high risk such as large groups which do not have catering provision or groups where the majority is under 25 years of age.

  5.              Members of staff will regularly patrol the premises to ensure that glass, rubbish, debris and any other item which may cause a health and safety hazard is disposed of or stored away.

  6.              The provision of a named taxi firm with a free phone service is provided to minimize the number of consumers walking to the cab stands on Mutley and at the bottom end of North Hill.

  Prevention of Children from Harm

  1.              A full range of soft drinks is provided and on display.

  2.              A separate area from the main hall is provided which as a quiet area in the instance of family parties where there may be young children.

  3.              Parties where the majority of the consumers will be under 25 years of age one accompanying adult must attend for every ten consumers.

  4.   All staff shall be trained in the requirements of the Challenge 25 policy. Training shall be recorded in documentary form and those records will be available for inspection at the request at all reasonable times by an authorised officer from a relevant responsible authority. The records will be retained for at least 12 months.

  5.              A member of staff will regularly patrol the building to monitor whether individuals are purchasing drinks for individuals who are under the age limit. Customers are made aware that staff will regularly patrol the buildings to monitors whether individuals are purchasing drinks for individuals who are under the age limit. Customers are made aware that staff will challenge guests for ID.

   

  No adult Entertainment

   

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

   

  None.

   

• ANNEX 4

   

  Plans as attached

   

Premises Plans

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