Meze Grill

48 Southside Street, Plymouth, Devon, PL1 2LD

Refused application 018969 which is a Variation Application for Premises Licence from 10/11/2009 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• entertainment facilities for dancing
• entertainment of a similar description to that falling within entertainment facilities for making music or dancing
• the sale by retail of alcohol
• a performance of live music

Additional Conditions

• ANNEX 1 - MANDATORY CONDITIONS

   

  (1) The first condition is that no supply of alcohol may be made under the 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) The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.

   

  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

   

                The authorised hours for the sale of alcohol do not prohibit:

   

  1.              consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  2.              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  3.              the sale of alcohol to a trader or club for the purposes of the trade or club;

  4.              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;

  5.              the taking of alcohol from the premises by a person residing there; or

  6.              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

  7.              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 - Ground and First Floors

   

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

                Existing special conditions.

   

  a)              Capacity -              Ground Floor              175 persons

                              First Floor              125 persons

   

   

  C              Conditions agreed with Environmental Health Authority

   

  Public Nuisance

   

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

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

  A member of staff will be positioned at exits particularly at closing times

  We will employ an appropriate method for checking the number of people entering and leaving the premises and ensure that steps are taken so that once the maximum occupancy is reached, no further persons are admitted.

   

   

   

  D              Steps taken in order to promote the four Licensing objectives

   

  1.              Staff trained in crime prevention and drug awareness.

  2.              CCTV system.

  3.              Toilet area monitored regularly.

  4.              Staff allocated for collection of glasses from all areas.

  5.              Zero tolerance drug policy.

  6.              Air conditioning provided.

  7.              Sound proofing noise regularly checked.

  8.              Gas and Electrical systems regularly certificated.

  9.              Regular taxi service available.

  10.              ID cards requested.

  11.              Signage in relation to proof of age policy.

  12.              Non-alcoholic soft drinks available and offered.

   

   

   

   

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

   

  1. From opening until 1am. To prevent entertainment being intrusive, noise emanating from the   premises will not be clearly distinguishable above other noise in any neighbouring residential property. (You should not be able to identify the tune above normal background noise although you may still be able to hear something.)

  2. Between 1am until closing, noise emanating from the premises will not be distinguishable above background noise levels in any neighbouring residential property. (You should not be able to hear your music above normal background noise levels and only faintly hear it during lulls in background noise levels.)

  3.  Doors and windows at the front and rear of the premises will be kept shut during regulated entertainment. All doors and windows must be well fitted and sealed to minimize noise breakout. (All doors and windows should be fitted with acoustic or similar well fitting seals to improve sound retention qualities.)

  4. The entrance must be provided with suitable alternative means to prevent noise breakout.

  5.  Patrons will be asked not to congregate in the street outside the premises and asked to leave the vicinity quickly and quietly.

  6. The licensee/management will check prior to entertainment and periodically during the entertainment that all windows and doors are shut. (A written log should be kept that includes reference to any remedial action that may be taken to control noise disturbance.)

  7. A senior member of staff is nominated each day, as the person responsible for the management, supervision and control of regulated entertainment or similar events, including recorded music. This person will be responsible for instructing performers on the restrictions and controls to be applied.

  8. The licensee/management will control the sound levels of the music/entertainment. A noise-limiting device (the specification and design to be agreed with the Environmental Health Service) must be fitted so that all recorded music is channelled through the device(s). The maximum noise levels will be set by agreement with the Environmental Health Service and reviewed time-to-time, as appropriate. (The premises license holder will ensure that a qualified sound engineer or other suitably competent person fits and maintains a noise-limiting device on both the ground floor and first floor music systems, which are set at such a level to override the performers’ amplification equipment and such device only to be accessible to the Premises Licence holder, Designated Premises Supervisor or other nominated person. The level at which the devices are set to be agreed with the Environmental Health Service, and should be fitted with compressor limiters to prevent the system being driven with sound levels above the preset limits. The limiters will be preset and then sealed when the system is commissioned so that the sound operators cannot override the limiter settings. All sound sources from the premises will go through the noise limiter).

  9. All sound sources from the premises will go through the noise limiter.

  10. All speakers in the premises and other noise making equipment (including sub-woofers) with the DJ booths should be properly isolated, with appropriate noise absorbing materials from all walls, ceilings and floors to mitigate the effects of noise and vibration penetrating the structure into adjoining residential property (To prevent noise disturbance to neighbouring residential properties).

  11. The licensee or senior member of staff (Manager) will assess the impact of any noisy activities on neighbouring residential properties at the start of the activity/entertainment and periodically throughout the activity/entertainment and record these checks. (To assess the impact of noisy activities on neighbouring residential properties and to ensure levels of noise have not increased throughout the evening).

  12. The handling of kegs, bottles cleaning equipment and similar items will not take place in the late evening or early morning when the noise generated could cause a nuisance particularly outside the buildings. (This includes cleaning and general maintenance works to limit the likelihood of noise nuisance).

   

  Committee Hearing on 10th November 2009

  The variation application to include live music was refused on the grounds of Prevention of Public Nuisance.

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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