Plymouth City CouncilLicensing Office

Phoenix Tavern

Phoenix Street, Plymouth, Devon, PL1 3NW

Completed application 061610 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 06/05/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• a performance of live 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
• any playing of recorded music

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.

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  Steps that have been taken to promote the four licensing objectives

   

  All public safety precautions adhered to and accompanied by signage

  No drinks or glasses allowed outside the premises

  Under 21 policy in place and only recognised ID accepted

  Any one under the age of 18 must leave the premises by 21.00Hrs

  All children must be accompanied by a responsible adult

  Management lighting - In the absence of adequate daylight artificial lighting in any area accessible to the public shall be fully operational whilst the public are present.

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY (14th April 2013)

   

  The Premises Licence Holder shall nominate a senior member of staff as the person responsible for the management, supervision, compliance with licensing conditions and general control of regulated entertainment.  This person will also be responsible for instructing performers on the restrictions and controls to be applied.

   

  Entrances are provided with lobbies and doors with automatic door-closers and shall be maintained in good working order.

   

  No speakers for amplification of music shall be placed on the outside of the premises or on the outside of any building forming a part of the premises.

   

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

   

  The Premises Licence Holder or nominated person shall ensure that exits will be manned at closing time to ensure that patrons leave the area quickly and quietly as possible.

   

  A telephone number will be made available and displayed in prominent locations in CARGO building and the Phoenix Tavern for local residents to contact in the case of noise-nuisance or anti-social behaviour by persons or activities associated with the premises.  The telephone number will be a direct number to the management who are in control during opening hours.  A record will be kept by management of all calls received, including the time, date and information of the caller, including action taken following the call.  Records will be made available for inspection either by any relevant responsible authority throughout the trading hours of the premises.

   

  The Premises Licence Holder or nominated person will be available at all times during regulated entertainment and who is responsible for cooperating and liaising with any relevant responsible authority.

   

  (i) The Premises Licence Holder or nominated person shall carry out observations in the vicinity of the properties at Phoenix Street/Sawrey Street, on at least 30min intervals whilst live music, karaoke, DJ’s playing recorded music or any similar entertainment is taking place to establish whether there is a noise breakout from the premises.

   

  (ii)If the observation reveals noise breakout at a level above background noise then the volume of music shall be reduced to a level is not above background noise levels.

   

  (iii)A record of such observations shall be kept in a log for that purpose, such a log shall be completed immediately after the observation detailing the time, location and duration of the observation, the level of noise break out and any action taken to reduce noise breakout.

   

  (iv)Such records must to be made available at all times upon request to a police officer or an officer of the local authority.

   

  No percussion instruments will be permitted as part of any entertainment set.

   

  The Premises Licence Holder will ensure that the noise limiting device is sealed after commissioning, so that sound operators cannot override the system during the performance of live and recorded music

   

  All doors and windows will be kept shut during regulated entertainment.

   

  All doors and windows shall be maintained in good order and where appropriate acoustically sealed to minimize noise breakout.

   

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

   

  The exit door(s) will be fitted with a suitably constructed lobby minimize noise break out from the premises.

   

  The entrance doors to the premises will be fitted with automatic self-closers and maintained in a sound condition.

   

  The windows and other exit doors will be acoustically glazed or suitably insulated to minimize noise breakout from the premises. (Details of any such works will be specified to the Environmental Health Department.)

   

  The Premises Licence Holder or nominated person shall erect and maintain, in a prominent position at every exit a clear, conspicuous and legible notice requesting patrons to avoid causing noise, nuisance or disturbance to local residents.

   

  The designated smoking area will be for ‘smoking only’ and the licence holder or nominated person will take reasonable steps to prevent the consumption of any drinks in this area.

   

  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.

   

  A designated, de-lineated and bordered smoking area will be allocated outside the premises.

   

  Suitable receptacles will be provided for cigarette litter within the designated smoking area.

   

  There shall be no consumption of beverages purchased from the premises outside of the premises.

   

  The outside seating area would be limited to a maximum number of 30 persons at any one time .

   

  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.

   

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

   

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

   

  Images will be retained for a minimum of 31 days.

   

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

   

  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.

   

  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.

   

  The Premises Licence Holder or nominated person shall provide and maintain suitable and sufficient CCTV surveillance systems to a specification provided by the Police Licensing Team, Charles Cross Police Station, Plymouth

   

  The Premises Licence Holder or nominated person shall notify the Police Licensing Team, Charles Cross Police Station, Plymouth on any occasion when the CCTV system is inoperative during normal opening hours and shall then notify them when measures have been taken to restore the system.

   

  The CCTV system shall incorporate a recording facility which shall be retained and stored in a suitable and secure manner for a minimum of 31 days.  A system shall be in place to maintain the integrity of the recorded image and a complete audit trail maintained. The system will comply with the Data Protection Act 1998 and all signs as required will be clearly displayed. The system will be maintained and fully operational throughout the hours that the premises are open for any licensable activity. For premises using a video recording systems, to maintain the quality of the recorded image the cassette tape shall be used on no more than 12 occasions.

   

  The CCTV system must be registered with the Office of the Information Commissioner (ICO) www.informationcommissioner.gov.uk

   

  The positions of all CCTV cameras shall be clearly shown on the deposited plans and any alteration to the system should only be carried out after consultation with the Police Licensing Team. Charles Cross Police Station, Plymouth

   

  The premises must become a member of best bar none scheme.

   

   

   

• ANNEX 4 - PLANS

   

  As Attached