Plymstock Inn

88 Church Road, Plymstock, Plymouth, Devon, PL9 9BD

Completed application 070668 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 14/12/2018 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• a performance of live music
• any playing of recorded music
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• 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.              consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  2.              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  3.              the sale of alcohol to a trader or club for the purposes of the trade or club;

  4.              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;

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

  6.              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

  7.              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.

   

   

                Steps that have been taken to promote the four Licensing Objectives

   

  (a)              GENERAL

   

  1.              Staff banned from drinking on duty

  2.              Records maintained of any material incidents within or in immediate vicinity of premises

  3.              Drugs warning notices on display

  4.              Zero tolerance to drugs use and dealing

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

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

  7.              Food available

   

   

                (b) THE PREVENTION OF CRIME AND DISORDER

   

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

  2.              CCTV System covering all internal area

  3.              No drinks hoarding

  4.              No cheap alcoholic drinks promotions, cut price drinks, ‘package drinks’

  5.              Pro-active policy against "binge" drinking

  6.              Zero tolerance to offensive conduct

  7.              Regular glass collection

   

                (c) PUBLIC SAFETY

   

  1.              Air-extractor provided

  2.              Regular dedicated cleaning of premises

   

   

                (d) THE PREVENTION OF PUBLIC NUISANCE

   

  1.              Advisory notices re noise on leaving premises

  2.              Freephone or similar taxi facility

  3.              Nominated staff to deal with complaints from neighbours

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

   

                (e) PROTECTION OF CHILDREN FROM HARM

   

   

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

  2.              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

   

  Licensing Sub-Committee of 04 April 2017

   

  Use of the outside seating area

   

                       After 21.00hrs no drinks are to be taken outside to the outside area and no comsumption of drinks to occur after 21.30hrs. The area to be closed to patrons at 22.00hrs

                       A sign is to be placed in the outside rear area specifying that no drinks are to be taken into this area after 21.00hrs. The area to be closed to patrons at 22.00hrs.

                       After 21.30hrs noise levels in outside areas are to be monitored and controlled to minimise any potential impact on local  residents.

   

  The following conditions are applied in accordance with Section 177A(4) of the Licensing Act 2003

   

  Noise Nuisance

   

                       The performance of regulated entertainment will cease by 23.00hrs.

                       No regulated entertainment will take place until a noise limiting device (the specification and design to be agreed with Environmental Health Service) is fitted so that all regulated, live, karaoke and recorded music (including the Juke Box) is channelled through the device(s). The maximum noise levels be set by agreement with the Environmental Health Service and will be reviewed from time to time as appropriate. The noise limiting device must be fully functional and in proper working order at all times during performance of live and recorded music.  If the noise limiting device breaks down the council's Environmental Health Service must be informed as soon as reasonably practicable and in any event within 24 hoursof the device breaking down. Equipment failures shall be repaired or replaced as soon as is reasonably practiable and without undue delay.No performance of live and recorded music shall proceed if the noise limiting device is not in proper working order.

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

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

                       Noise emanating from the premises must not be heard above background levels 1 metre from the facade of the nearest residential property.

                       The performance of regulated entertainment will be limited to a maximum duration of three hours inclusive of any breaks.

                       The performance of regulated entertainment will be limited to two sessions per week.

                       The PLH 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.

                       The PLH or nominated person shall carry out observations in the residential streets surrounding the public house on at least 30 minute intervals whilst live music, karaoke or DJ's playing  recorded music is taking place to establish whether there is a noise breakout from the premises. These checks must be documented.

                       The PLH or nominated person shall ensure that suitable signage is positioned at exits to request the co-operation of patrons, in particular to make as little noise as possible when leaving the premises or any car-park. and asked to leave the vicinity quickly and quietly.

                        The PLH or nominated person shall be available at all times during regulated entertainment and who is responsible for co-operating and liaising with any relevant responsible authority.  A contact telephone number will be made available to local residents to contact the nominated person.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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