Plymouth City CouncilLicensing Office

Beresford Arms

9 Cumberland Street, Devonport, Plymouth, Devon, PL1 4DX

Completed application 043467 which is a Minor Variation for Premises Licence from 24/04/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• entertainment facilities for dancing
• provision of late night refreshment
• the sale by retail of alcohol

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.

   

     3.(1) The responsible person shall take all reasonable steps to 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

  (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 (other than any promotion or discount available to an individual in respect of alcohol for

  consumption at a table meal, as defined in section 159 of the Act);

  (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;

  (d) provision of free or discounted alcohol in relation to the viewing on the premises of a

  sporting event, where that provision is dependent on-

  (i) the outcome of a race, competition or other event or process, or

  (ii) the likelihood of anything occurring or not occurring;

  (e) 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.

   

  4. The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  5.The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  6.(1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

  (2) 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 a holographic mark.

   

  7. The responsible person shall 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; and

  (b) customers are made aware of the availability of these measures.

• 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.              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              Steps taken to promote the Four Licensing Objectives

   

  1.  Notices in place requesting their co-operation when exiting the premises

  2.  Bar inner door fitted with door closing return system

    3.  There is a loyalty account with the local taxi service

    4.  No under 18 year olds permitted in to the licensed premises

   

   

  Minor Variation April 2014

   

  Management Controls -

  All staff shall be fully trained to perform their role. The Premises Licence Holder or Designated Premises Supervisor shall ensure that all staff 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. They will also be trained in the contents of the premises licence including times of operation, licensable activities and all conditions.

  Training shall conducted every 6 months and be recorded in documentary form that will be available for inspection at the request at all reasonable times by an authorised officer from a relevant responsible authority. The records will be retained for at least 3 years.

  All staff shall be trained in the requirements of the Challenge 25 policies. The following types of acceptable identification are UK Photo Driving Licence, PASS Card and Passport.

  All staff shall be suitably trained in the operating procedures for refusing service to any person who is drunk or is under-age or appears to be under-age.

  A refusal register will be kept for any underage or person refused service. The record will contain the time and date, the reason, the person (if known), the action taken and details of the person responsible for the management of the premises at the time of the incident.

  An incident book shall be maintained to record any activity of any violence, criminality or anti-social behaviour. 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.

  A list of banned individuals is to be recorded in the Incident book with name description of individual, length of ban and reason.

  An incident book shall be available for inspection at all reasonable times by an authorised officer of relevant responsible authority. The records will be retained for at least 12 months.

  The Premises Licence Holder and/or Designated Premises Supervisor and/or Responsible person shall not allow any open drinking vessel, glass or bottle to be taken from the premises.

  The Premises Licence Holder and/or Designated Premises Supervisor and/or Responsible person shall ensure that a clearly visible notice is displayed advising those attending, that the Police will be informed if anyone is found in possession of controlled substances or weapons.

  The Premises Licence Holder or nominated person shall ensure that arrangements are in place where toilet areas and other similar areas are regularly checked for evidence of drugs. Signage shall also be placed in the toilet areas advising patrons that checks are conducted regularly.

   

               

  CCTV -

  The Premises Licence Holder will ensure that a CCTV system 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.

  The CCTV system shall be capable of downloading images to a recognizable viewable format.

  All members of staff are to be trained to operate the CCTV system and able to download footage onto a recognised format when requested by an authorised officer of relevant responsible authority.

  The CCTV equipment shall be maintained in good working order and continually record when licensable activity takes place and for a period of two hours afterwards.

  The CCTV system shall cover all areas of the premises to which the public have access, including outside the frontage of the premises/smoking area and regularly monitored.

  Images shall be retained for a minimum of 31 days

  The Police Licensing Department will be informed if the CCTV system is not fully working during licensed hours.

   

   

  Glassware and Bottles -

  The collection of glasses and bottles shall be undertaken at regular intervals to ensure there is no build-up of empties in and around the premises.

   

  Restrictions on Drinking Areas -

  The Premises Licence Holder and/or Designated Premises Supervisor and/or responsible person shall ensure that outside the establishment will be controlled in a safe and effective manner to the same standard operated within the premises building and will pay special attention to the impact that the use of the outside area has on the surrounding community.

   

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

                      27 SEPTEMBER 2005

   

   

  1.              From 23.00hrs until closing, noise emanating from the premises will not be distinguishable above background levels one metre from the façade of the nearest residential property.

  2.              HOURS

  a)              Opening hours be granted to take place on the following days and hours:  Sundays to Wednesdays, opening hours to be between 10.00hrs and 01.00hrs and Thursday to Saturday, opening hours to be between 10.00hrs and 02.00hrs as requested in the application

  b)              Regulated entertainment by way of indoor live music applied for, be granted to take place on the following days and hours: Sunday to Thursday, between 12.00hrs to 23.00hrs and Fridays and Saturdays between 12.00hrs to 23.59 as requested in the application. This being offered by the applicant.

   

   

  CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

  OF 29 SEPTEMBER 2009

   

                Conditions from Environmental Health - 

  1              Doors and windows will be kept shut during entertainment.

  2              Staff will check prior to entertainment, and periodically during the entertainment, that all windows and doors are shut.

  3              Management will take steps to control levels of noise if found to be excessive.

  4              Patrons will be asked not to stand around talking in the street outside the premises or any car park; and asked to leave the vicinity quickly and quietly.

  5              The terminal hour for live entertainment shall be brought forward to 23:00hrs.

  6              The Designated Premises Supervisor or a Nominated Deputy should have a full understanding of the conditions attached to the premises licence, and must be present at the premises at all times during regulated entertainment.

  7              A noise limiting device shall be installed and will operate at a level set in conjunction with Environmental Health. All regulated entertainment must be played through the limiting device. The device shall be operational by the 30 November 2009.

   

                Conditions from Devon and Cornwall Police - 

  8              Whenever the Designated Premises Supervisor is not at the premises another responsible person will be nominated by the Designated Premises Supervisor as being the person to manage the premises;

  9              CCTV to be installed to comply with the ‘UK Police Requirements for Digital CCTV Systems’;

  10              CCTV cameras to be kept clean and maintained at all times;

  11              A register will be kept detailing all requests by Police for CCTV images. This will include time and date of request, time, date and location of incident, time and date of hand on to Police;

  12              During trading hours, members of staff present who are trained to view and download images from CCTV  at request of Police;

  13              The Police Licensing department will be informed if the CCTV system is not working;

  14              Any person who looks or appears to be under the age of 21 shall be asked to provide identification that they are over the age of 18. The following are the only forms of identification acceptable: UK photo driving licence Passport PASS accredited cards;

  15              Notices obtained from Police publicizing the Challenge 21 initiative shall be clearly displayed at the entrance to the premises and behind the bar area at all times;

  16              Regular and documented training of staff in relation to the prevention of under age sales

   

   

   

   

   

   

   

   

   

• ANNEX 4 - PLANS

   

  As Attached