Classroom

34 Gibbon Street, Plymouth, Devon, PL4 8BZ

Completed application 064850 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 06/12/2017 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• provision of late night refreshment
• the sale by retail of alcohol

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.

   

• 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 taking of 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.

   

  B              Steps that have been taken 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

  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 covers the internal and external of the premises

  9.              Retention of tapes/discs etc for a minimum of 30 days

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

  11.              No drinks hoarding

  12.              Pro-active policy against ‘binge’ drinking

  13.              Zero tolerance to offensive conduct

  14.              Regular glass collection

  15.              Air conditioning provided

  16.              Regular dedicated cleaning of premises

  17.              Nominated staff to deal with complaints from neighbours

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

  19.              No entry to any one under 18 years of age

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

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

   

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

  2.The Premises Licence Holder or nominated person will assess the impact on neighbouring residential property at the commencement of regulated entertainment and               periodically throughout and take action to reduce noise breakout where levels are likely to cause disturbance to local residents. A written record shall be kept detailing who               undertook the monitoring and any action taken.

  3.The Premises Licence Holder or nominated person shall ensure that the premises telephone number is displayed in a prominent location near the main entrance door (when               viewed from outside the premises) for local residents to report incidents of noise disturbance or anti-social behaviour by persons or activities associated with the premises.

                The Premises Licence Holder or nominated person must keep a record of all calls received, including the time, date and details of the caller, including any action taken following               the call.

                The mobile contact number of the Premises Licence Holder or nominated person will be issued to local residents by arrangement. 

  4.Records will be available for inspection at the request of an authorised officer from a relevant responsible authority. The records must be kept for at least 12 months.

  Noise Limiting Devices

  5.A noise-limiting device (the specification and design as agreed with the Environmental Health Service) shall be fitted so that all live and recorded music is channelled through the               device(s).  The Environmental Health Service must approve the maximum noise level setting which may can reviewed by either party from time to time as appropriate.

                In setting the noise-limiting device, the Environmental Health Service shall have regard to low frequency noise penetration through the adjoining party wall, noise breakout through               the general fabric of the building and any other relevant factors. The noise-limiting device shall be properly secured and tamper proof.

                7.The noise-limiting device must be fully functional and in proper working order at all times during performances of live or recorded music.

  8.If the noise-limiting device is not functional or there are indications that the device has been tampered with the Premise Licence Holder must inform the Environmental Health               Service as soon as reasonably practicable. Any repairs must be undertaken as soon as is reasonably practicable.

  9.All amplified sound sources from regulated entertainment (including live performances) held at the premises will go through a noise-limiting device.

  Sound Insulation

  11.All doors and windows shall be kept shut during regulated entertainment.

  12.All doors and windows shall be maintained in good order and where practical acoustically sealed to minimise noise breakout.

  13.The rear door to the external smoking area must be kept shut during regulated entertainment. The door linings must be upgraded with properly fitting acoustic seals to prevent               noise breakout when closed.

  External Area Controls

  14.A clear, conspicuous and legible notice requesting patrons leave the premises quietly to avoid causing noise nuisance or disturbance to local residents shall be posted in a               prominent position at the exit.

  15.The Premises Licence Holder or nominated person shall supervise patrons queueing to enter the premises to minimise incidents of noise nuisance and anti-social behaviour.                Patrons causing disturbance or disorder will not be permitted entry or re-entry to the premises.

  16.Suitable receptacles for the disposal of cigarette litter will be located within the designated smoking area.

   

   

   

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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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• - Page 2 of 1
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