Goodbodys Jazz Bar

Basement, 49 Mutley Plain, Plymouth, Devon, PL4 6JG

Completed application 076331 which is a Cancellation/Surrender for Premises Licence from 09/12/2019 to 18/12/2019

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• provision of late night refreshment
• sale and supply 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.

   

  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

• ANNEX 2 - CONDITIONS CONSISTENT WITH THE OPERATING SCHEDULE

   

  A              Regulated Entertainment

   

                Standard National conditions applying to the existing [public entertainment licence]

                Existing special conditions.

   

  a)              Capacity - 100

  b)              An open door policy and a complaint book to be operated

   

  B              Conditions agreed with the Environmental Health Authority

   

  General Noise controls

  b)              Doors and windows will be kept shut during entertainment

  c)              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

  d)              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.

  e)              Management will control the sound levels of the music/entertainment.

   

  Delivery/Collection/Storage Activities

  f)              The movement of bins and rubbish outside the premises will be kept to a minimum after 23.00hrs

   

  D              Steps that have been taken to promote the four Licensing Objectives

   

  General

  a)              Staff banned from drinking on duty

  b)              Records maintained of any material incident within or in immediate vicinity of premises

  c)              Drugs warning notices in place

  d)              Zero tolerance to drugs use and dealing

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

  f)              Availability of soft drinks, non-alcoholic and/or low alcoholic beverages at all times

  g)              Food available from upstairs café/restaurant

   

  The Prevention of Crime and Disorder

  a)              Specific staff training and supervision in assessment of customer consumption and condition

  b)              CCTV system installed internally and externally

  c)              Retention of tapes/discs etc for minimum of 30 days

  d)              Licensed door staff to appropriate levels as necessary

  e)              No cheap alcoholic drinks promotions, cut-price drinks, ‘package drinks’

  f)              No drinks hoarding

  g)              Pro-active policy against ‘binge’ drinking

  h)              Zero tolerance to offensive conduct

  i)              Regular glass collection

   

  Public Safety

  a)              Air extractors available

  b)              Regular dedicated cleaning of premises

  c)              Limit on number in premises - 100 persons

   

  The Prevention of Public Nuisance

  a)              Advisory notices re. noise on leaving premises

  b)              Nominated staff to deal with complaints from neighbours

  c)              CCTV and/or monitoring of external areas of premises at night

   

  Protection of Children from Harm

                a) No entry to anyone under 18 years of age

                b) Warning notices in place in relation to under-age drinking

  c) 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

   

  None.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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