Plymouth City CouncilLicensing Office

Goodbody's Cafe/Diner

R/O 49 Mutley Plain, Plymouth, Devon, PL4 6JQ

Completed application 097610 which is a Suspension after Non-Payment of Annual Fee/Levy for Premises Licence from 18/10/2024 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• sale and supply of alcohol

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS (PREMISES LICENCE - ON 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

  General & The prevention of crime and disorder

  1.All staff engaged in licensable activity at the premises will receive training and informationin relation to the following (select from the following):

  i.The Challenge 25 scheme in operation at the premises, including the forms of identificationthat are acceptable.

  ii.The hours and activities permitted by the premises licence issued under the Licensing Act2003 and conditions attached to the licence.

  iii.How to complete and maintain the refusal register in operation at the premises (in relationto the sale of alcohol).

  iv.Recognising the signs of drunkenness.

  v.The operating procedures for refusing service to any person who is drunk, under-age orappears to be under-age, or appears to be making a proxy purchase.

  vi.Action to be taken in the event of an emergency, including reporting an incident to theemergency services.

  2.Training shall be recorded in documentary form and shall be regularly refreshed at nogreater than 12-month intervals. Training records shall be made available for inspection andcopying at reasonable times upon request of an authorised officer of a responsible authority.

  3.Training records will be retained for at least 12 months.

  4.An incident log shall be kept and maintained at the premises which will include a log of thefollowing, including pertinent details:

  i.Any incidents of disorder or of a violent or anti-social nature.

  ii.All crimes reported to the venue, or by the venue to the police.

  iii.All ejections of patrons.

  iv.Any complaints received.

  v.Seizures of drugs or offensive weapons.

  vi.Any faults in the CCTV system.

  vii.Any visits by a responsible authority (under the Licensing Act 2003) or emergencyservice.

  5.Records must be completed within 24 hours of any incident, and will contain the time anddate, the nature of the incident, the people involved, the action taken and details of theperson responsible for the management of the premises at the time of the incident.

  6.The logs shall be kept for at least 12 months following the date of entry and be madeavailable for inspection and copying upon request of an authorised officer of a responsibleauthority.

  7.The premise will have a written vulnerability and safeguarding policy, which all members of staff will be directed to read and sign that they have read the policy.

  8.Signs will be placed at the edge of the licensed area to inform customers “no alcohol in unsealed containers are permitted to leave the premises and you are entering an area covered by a Public Spaces Protection Order.

  9.The maximum number of persons (including staff and entertainers) allowed at the premises shall not exceed 110.

  10.The Designated Premises Supervisor must conduct a written risk assessment for the requirement of SIA licensed door supervisors unless on a Friday and Saturday the venue remains open after Midnight Door Supervisors will be employed from 22:00 hours to close of business.

  11.The following details for each door supervisor will be contemporaneously entered into a register kept for that purpose:I.Full name.II.SIA licence/badge number, and registration number of any accreditation scheme recognised by the Licensing Authority (including expiry date of that registration or accreditation)III.The date and time they began their duty.IV.The date and time they completed their dutyV.The full details of any agency through which they have been allocated to work at the premises if appropriate

  12.The register shall be available for inspection and copying at all reasonable times by an authorised officer of a responsible authority.

  13.The register shall be kept at the premises at all times and be so maintained as to enable an authorised officer to establish the particulars of all door supervisors engaged at the premises during the period of not less than 12 months prior to the request.

  14.The premises shall install operate and maintain a comprehensive digital colour CCTV system to the satisfaction of the Police and Local Authority. As a minimum, the system must:

  I.Cover all public areas of the licensed premises including entry and exit points.

  II.Record clear images permitting the identification of individuals, and in particular enable (aclear head and shoulder image) of every person entering and leaving in any light condition.

  III.Continually record whilst the premises are open for licensable activities and during alltimes when customers remain on the premises.

  V.Store recordings for a minimum period of 28 days with date and time stamping.

  VI.Viewable copies of recordings will be provided on request to police and local authorityofficers as soon as is reasonably practicable and in accordance with the General DataProtection Regulation Data protection Act 2018 (or any replacement legislation).

  VII.The CCTV system will be capable of downloading images to a recognisable viewableformat.

  15.A staff member from the premises who is conversant with the operation of the CCTVsystem shall be on the premises at all times when the premises are open. This staff membermust be able to provide an authorised officer of a responsible authority copies of recentCCTV images or data with the absolute minimum of delay when requested (in accordancewith the Data Protection Act 2018 or any replacement legislation).

   

  The prevention of public nuisance

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

  TVs and background music. 

  Total sound containment during the hrs of 23:00 to 08:00.

  The protection of children from harm

  The Premises Licence Holder or Designated Premises Supervisor shall ensure that all bar staff, supervisors and managers are trained in the legality and procedure of alcohol sales, using the SWERCOTS on-line training pack OR equivalent, prior to undertaking the sale of alcohol and then at least every six months. Training shall be signed and documented and training records will be kept on the premises and be made available to an enforcement officer on request. The documentation relating to training should extend back to a period of three years and should specify the time, date and details of the persons both providing the training and receiving the training.

  The Licence Holder or Designated Premises Supervisor shall ensure that new bar staff, supervisors and managers receive induction in the legality and procedure of alcohol sales, prior to undertaking the sale of alcohol. Training shall be signed and documented and training records be made available to an enforcement officer on request.

  No adult entertainment is permitted on the premises.

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Conditions yet to be entered.

   

• ANNEX 4

   

  Plans attached

   

Premises Plans

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