Sawanclub Limited

142 Vauxhall Street, The Barbican, Plymouth, Devon, PL4 0ER

Open application 103217 which is a Minor Variation Application for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an exhibition of a film
• a performance of live music
• any playing of recorded music
• provision of late night refreshment
• sale and supply of alcohol

Additional Conditions

• Minor variation application received 20/10/25 - To reduce from three to two SIA door supervisors on Fridays and Saturdays

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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.

   

  Exhibition of films

   

  (1) Where a premises licence authorises the exhibition of films, the licence must include a condition requiring the admission of children to the exhibition of any film to be restricted in accordance with this section.

   

  (2) Where the film classification body is specified in the licence, unless subsection (3)(b) applies, admission of children must be restricted in accordance with any recommendation made by that body.

   

  (3) Where-

  (a) the film classification body is not specified in the licence, or

  (b) the relevant licensing authority has notified the holder of the licence that this subsection applies to the film in question,

  admission of children must be restricted in accordance with any recommendation made by that licensing authority.

   

  (4) In this section-

  "children" means persons aged under 18; and

  "film classification body" means the person or persons designated as the authority under section 4 of the Video Recordings Act 1984 (c.39) (authority to determine suitability of video works for classification).

   

  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

   

  Conditions agreed with Environmental Health Authority

   

  Standard Timings

  1.              The operating hours and licensable activities on Monday, Tuesday, Wednesday and Thursday will be restricted to their current timings.

   

  Conditions to be added

  1.              On Friday and Saturday night entry to the premises will be restricted to 02.30hrs and no re-entry will be permitted.

  2.              A senior member of staff will monitor the noise levels outside the premises periodically throughout the night, will maintain written records and take action to reduce noise levels if outside condition 1 & 2 under the Prevention of Public Nuisance

  3.              Suitable signage will be used to advise customers on the need to keep noise levels to a minimum noise when leaving the venue and using the designated smoking area and these notices will be placed in a suitable location which is clearly visible to patrons

   

  Steps taken in order to promote the four Licensing objectives

   

  General

  1.              Staff are banned from drinking alcohol on duty

  2.              Soft drinks & non-alcoholic drinks will be available at all times

  3.              The management will maintain documented records of specific staff training in assessment of customer consumption and condition

  4.              We will operate an over 25 policy, whereby anyone whose appearance leads us to believe they are under 25 will be asked to produce photographic evidence as proof of age

  5.              Every member of staff will be trained in Challenge 25 procedures and avoiding underage sales

  6.              The training will be updated every six months

  7.              Written records will be maintained containing the name of the person trained, the date, the name of the trainer

   

  The Prevention of Crime and Disorder

  1.              The premises will operate a Pro Active policy against binge drinking

  2.              A CCTV system will be installed which will cover all internal areas to which the public have access and the external areas at the front and rear of the premises including all entrance and exit doors

  3.              The CCTV will be of such a quality to provide images which are suitable for facial recognition

  4.              Images will be retained for a minimum of 28 days

  5.              The system shall be capable of downloading images into a recognised viewable format

  6.              At all times the premises are open a member of staff will be present who can operate, view and download images from the CCTV system upon request of a member of a responsible authority

   

  Public Safety

  1.              A written record will be maintained of any material incidents within or in immediate vicinity of the premises and will be produced for inspection on request of any member of a responsible authority

  2.              A minimum of one SIA registered door supervisor will be employed from 23.00hrs until closing from Mondays to Thursdays

  3.              A minimum of three SIA registered door supervisors will be employed from 23.00hrs to close of business on Fridays and Saturdays

  4.              On Bank Holiday Sundays a minimum of two door supervisors will be employed from 19.00hrs to close of business

  5.              The management will ensure regular glass collection and cleaning of spillage

   

  The Prevention of Public Nuisance

   

  1.              Noise will not be clearly distinguishable above other noise one metre from the façade of the nearest residential property from 00.00hrs to 02.00hrs

  2.              Noise emanating from the premises will not be distinguishable above back ground levels 1 metre from the façade of the nearest residential property from 02.00hrs to close

  3.              The rear smoking area will be limited to 30 persons

  4.              The rear smoking area will be supervised by a member of staff/door supervisor at all times when in use to ensure noise is kept to a minimum.  No music will be played in this area.  Users will be encouraged to return inside once finished

  5.              The front entrance and foyer will be manned by door supervisors to ensure minimum noise escape by ensuring one of the two sets are closed at any one time. This also applies to access to the smoking area via the two doors

  6.              A senior member of staff/sound technician will be available at all times during the performance of live music to monitor sound levels and any leakage

  7.              Suitable signage will be used to advise customers on the need to keep noise levels to a minimum when leaving the venue and when using the designated smoking area

  8.              Deliveries will not be made between 23.00hrs and 07.00hrs.

   

  The Protection of Children from Harm

  1.              Under 18s to be accompanied by an adult and no under 18s on the premises after 2100 hrs

   

   

   

   

   

   

   

   

   

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

   

  ·              Suitable signage be positioned at exits to request the co-operation of patrons to make as little noise as possible when leaving the premises;

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

   

  Conditions attached to the licence after the Licensing Sub Committee meeting held on 8th March 2011

   

           Subject to mandatory conditions contained in the Licensing Act 2003 and conditions consistent with the applicants operating schedule

           Conditions agreed with Environmental Health that refer to the conditions to be added to the operating schedule for prevention of public nuisance (subject to the removal of Thursday from condition 1)

           The opening hours and licensable activities on Monday, Tuesday, Wednesday and Thursday will be restricted to their current timings

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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• - Page 2 of 2