Dog and Duck

15 Mutley Plain, Plymouth, Devon, PL4 6JG

Refused application 075054 which is a Minor Variation Application for Premises Licence

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

• Minor variation received on 9/10/19

  Removal of condition of licence to have second doorman 10pm til close Friday/Saturday nights  (NOT YET REMOVED ON LALPAC)

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  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.              Food is to be available at all times when the premises are open during normal permitted hours

  2.              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              Late Night Refreshments

               

  1.              That subsection [(1)] and [(2)] of section 8 of the Late Night Refreshment Houses Act 1969 shall still apply to the premises

  2.              That a tariff of charges made in the refreshment house shall, during the hours of late night opening, be kept displayed so that it can conveniently be read by persons frequenting the refreshment house

   

  C              Steps 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 (snack only)

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

  8.              CCTV system operational in all internal areas

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

  10.              Cheap alcoholic drinks promotions cut-price drinks; “package deals” will not be available

  11.              No drinks hoarding

  12.              Pro-active policy against ‘binge’ drinking

  13.              Zero tolerance to offensive conduct

  14.              Regular glass collection

  15.              Regular dedicated cleaning of premises

  16.              Nominated staff to deal with complaints from neighbours

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

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

  19.              Warning notices in place in relation to underage drinking

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

  21. All staff including the DPS are trained in the legality and procedures 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 one year and should specify the time, date and details of the persons both providing the training and receiving the training.

  22. Sunday to Thursday there will be no entry after 12.45 am

                Friday to Saturday there will be no entry after 01.00am

   

  D              Conditions imposed by The Environmental Health Representative

   

  General Noise Controls

  1.              Suitable signage at the exit to request the co-operation of patrons to make as little noise as possible when leaving the premises

  2.              Management will control the sound levels of the music/entertainment

   

  Between 23.00hrs and midnight

  3.              To prevent entertainment being intrusive, noise emanating from the premises will not be clearly distinguishable above other noise one metre from the façade of the nearest residential property

  Between midnight and 02.00hrs

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

   

   

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

   

   

  Review held on 12 September 2017

   

  Conditions added to the Premise Licence at the hearing of 12/09/17

   

  1.              The PLH shall provide door supervision on the following basis:

   

  ·              One door supervisor between the hours of 18:00hrs to 20:00hrs and then two door supervisors between the hours of 22.00hrs until closing time on Friday and Saturday evenings.

   

  ·              One door supervisor between the hours of 20:00hrs until closing time for the rest of the week

   

  2.              The PLH shall provide training on the following basis:

   

  ·              All staff to be fully trained for their job functions in the operating standards required under the Licensing Act 2003 to include dealing with disorderly behaviour and evidence training to be recorded in documentary format and must be provided to council licensing officers as soon as possible and no later than three months from now

   

  ·              Training will be repeated at least every six months thereafter and will be recorded in documentary format that will be kept at the premises and be available for inspection at the time of request by a member of any relevant authority.  The records will be retained for at least 12 months.

   

   

• ANNEX 4 - PLANS

   

  As Attached

   

   

Premises Plans

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