Skiving Scholar

1 Tavistock Place, North Hill, Plymouth, Devon, PL4 8AU

Completed application 064798 which is a Lapsed for Premises Licence from 20/06/2017 to 29/11/2017

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              Supply of alcohol

   

                Any existing conditions attached to existing justices licence

   

  1.              Suitable beverages other than intoxicating liquor (including drinking water) shall be equally available for consumption with or otherwise as ancillary to meals served in the premises

   

                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              Regulated Entertainment

   

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

                Existing special conditions.

   

  a)              Capacity - 100

   

  C              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 of premises

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

  9.              No drinks hoarding

  10.              Pro-active policy against ‘binge’ drinking

  11.              Zero tolerance to offensive conduct

  12.              Regular glass collection

  13.              Regular dedicated cleaning of premises

  14.              Nominated staff to deal with complaints from neighbours

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

  16.              No entry to anyone under the age of 18 years

  17.              Warning notices in place in relation to under-age drinking

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

   

  Conditions that have been agreed with the Police Licensing Authority

   

  Crime and Disorder

   

  1.              A minimum of 3 staff will be present from midnight to close of business, seven days a week unless the downstairs bar is closed, when a minimum of 2 will be present.  If the downstairs bar has more than 25 patrons then this will increase to 4 bar staff - 2 up and 2 down. 

  2.              A register will be kept detailing all requests by Police for CCTV images.  This will include time and date of request, time and date of incident, time and date of hand on to police

  3.              During trading hours members of staff trained to view and download images from CCTV at request of Police will be available at premises

  4.              Police licensing department to be informed if CCTV system is not working

   

  Public Safety

   

  1.              At least 30 minutes before last sale of alcohol the atmosphere will be adjusted to create a calm period prior to closure of the premises, examples of good practice are turning lights on and turning music off

  2.              The DPS or a nominated duty manager shall exit the premises at irregular intervals to ensure the level of noise emitting from the premises is kept to a level that ensures residents nearby are undisturbed

   

  General

   

  1.              Police officers will be given all possible assistance in the course of investigations relating to the premises

  2.              All physical evidence relating to criminal offences will be preserved for Police Forensic

  3.              DJ’s and live bands will remain in the basement bar and will play no later than 4am, then background music will be played to control noise levels

   

  Conditions that have been agreed with the Environmental Health Authority

   

  Public Nuisance

   

  1.              Doors and windows will be kept shut during entertainment

  2.              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

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

  4.              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

  5.              Before 02.00am

  Noise emanating from the premises will not be distinguishable above back ground levels one metre from the façade of the nearest residential property

  6.              After 02.00am until close

  Total sound containment within the premises

   

  Minor Variation received 12/08/14

  To vary the provision of licensed door staff at the premises to:

  1 required licensed door staff until the basement bar is reopened, or for a period of 12 months, whichever is soonest.

   

  Minor Variation received 22/02/16.

  To vary the provision of licensed door staff at the premises to:

  1 licensed door staff only, until the basement bar is re-opened, or for a period of 12 months, whichever is sooner.

   

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

   

  LICENSING SUB COMMITTEE of 28th November 2006

   

  Two dedicated door supervisors must work at the premises from midnight until close of business seven days a week.

   

  At least one of the door supervisors must maintain a presence on the front door and be responsible for the effective screening of customers entering the premises.

   

  The door supervisors on the front door must actively monitor and when necessary use the clubwatch radio.

   

  CCTV cameras are to be located inside and outside of the premises. These cameras to be maintained in working order and the recordings retained for an appropriate period of time. The cameras were to be installed by 31st January 2007.

   

  Suitable signage must be positioned at the exits to request the co-operation of patrons to make as little noise as possible when leaving the premises and be asked to leave the vicinity quickly and quietly.

   

  LICENSING SUB COMMITTEE of  05TH FEBRUARY 2008

   

  The DPS or a Personal Licence holder to be present on premises from 1800hrs to close of business every day;

  CCTV installed will comply to the UK Police requirements for digital CCTV systems. 

  CCTV Cameras to be located inside the premises in all areas to which the public have access. 

  CCTV cameras to be located outside the premises to cover entire frontage of premises. 

  CCTV cameras will be maintained and kept clean at all times.

   

  LICENSING SUB COMMITTEE of 26TH JULY 2011

   

  Apart from condition 1 Crime and Disorder being amended, the remaining part of

  the variation application was refused.

   

   

   

   

   

   

   

   

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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