Plates

1 Sherwell Arcade, North Hill, Plymouth, Devon, PL4 8LH

Open application 098847 which is a Transfer and Variation of DPS for Premises Licence

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

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              Steps that have been taken to promote The Four Licensing Objectives

   

  1.              Drugs warning notices on display

  2.              Zero tolerance to drugs use and dealing

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

  4.              Availability of soft drinks, non-alcoholic and/or low alcohol beverages at all times

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

  6.              Retention of tapes/discs etc for minimum of 21 days

  7.              No drinks hoarding

  8.              Pro-active policy against ‘binge’ drinking

   

  B              Conditions that have been agreed with The Environmental Health Authority

   

                Public Nuisance

   

                After 02.00hrs until closing

   

                1. Total sound containment within the premises

   

  C              Conditions agreed following a variation with Enviornmental Health (09/05/18)

   

                1. Bi-fold doors to be closed at 20.00hrs every day.

                2. Automatic door closers to be fitted to all rear doors.  The closers must be functioning at all times when the business is trading.

                3. If any regulated entertainment is being held in the bar before the 20.00 threshold then all Bi-folds to be closed immediately.

   

   

   

   

   

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

   

  Conditions imposed on the licence at the Licensing Sub Committee for a Review of the Licence, held on 6 August 2013

   

  1.              All staff will be fully trained to perform their role.  They will also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions

  2.              The training will be recorded in documentary form that will be available for inspection on at the time of a request by a member of any relevant authority.  The records will be retained for at least 12 months.

  3.              Incident reports shall be completed to record any activity of a violent, criminal or anti-social nature.  The record will contain the time and date, the nature of the incident, the people involved, the action taken and details of the person responsible for the management of the premises at the time of the incident.

  4.              The incident reports will 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.

  5.              The Premises shall employ door staff from 00.00hrs to close of business every day.

  6.              The door staff will control the entrance to the premises and ensure the capacity is never exceeded.  That is 230 for the venue.

  7.              The premise licence holder and/or DPS will ensure door staff are properly briefed and trained to manage queues in a safe and efficient manner.

  8.              The Premises Licence Holder and the DPS will maintain a register of door staff employed at the premises.  The register will detail the day, time and date the door staff commenced duty, full name legibly written, SIA licence number, the name of the employer, the time duty ends and the name of the person in charge of the premises on that date.  The register 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.

  9.              The Premises Licence Holder will ensure that a CCTV system which is fully compliant with the guidance contained in the Information Commissioner’s Office (ICO) guidance document (www.informationcommissioner.gov.uk) regarding installation of CCTV is provided at the premises.

  10.              The CCTV will cover all areas of the premises to which the public have access including any outside areas.

  11.              Images will be retained for a minimum of 21 days.

  12.              The system will be capable of downloading images to a recognisable viewable format.

  13.              At all times the premises are open for business a member of staff will be available who is capable of operating the system and downloading images at the request of police or a member of a responsible authority.

  14.              The CCTV system will be capable of obtaining clear facial recognition images and a clear head and shoulders image of every person entering or leaving the premises.

  15.              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 prior to undertaking the sale of alcohol and then at least every six months.

  16.              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.

  17.              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.

  18.              All bottled beers, ciders & RTD products, draught beer & ciders, spirits, cocktail and soft drinks shall be served in non-glass containers after 00.00hrs until the close of business.  Wine and champagne will be served in toughened glass.

  19.              Staff prohibited from consuming alcoholic drinks whilst on duty.

   

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

• - Page 1 of 1