Royal Oak

Lake Road, Hooe, Plymouth, Devon, PL9 8QY

Completed application 085286 which is a Notification of interest for Premises Licence from 17/12/2021 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• an indoor sporting event
• a performance of live music
• any playing of recorded music
• entertainment facilities for making music
• the sale by retail of alcohol

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.

   

• 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              Conditions agreed with Environmental Health Authority

   

  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.              A senior member of staff (manager) will assess the impact of any noisy activities on neighbouring premises at the start of the activity/entertainment and periodically throughout the activity/entertainment and take action to reduce noise levels if they are found to be excessive/distinguishable above background levels at the nearest residential property.

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

  5.              Before 23:00 hrs

  To prevent entertainment being intrusive, noise emanating from the premises will not be clearly audible 1 metre from the façade of the nearest residential property.

  6.              Use of Gardens, Play Areas and outside areas

  The use of gardens and external play areas will not commence before the start of normal trading hours and will cease at 23:00 hours.

  7.              Regulated entertainment will cease at 23:00 hours to include karaoke, recorded music and live entertainment.

   

   

  C              Steps taken in order 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.              Drugs warning notices on display.

  4.              Zero tolerance to drugs use and dealing.

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

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

  7.              Food available.

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

  9.              CCTV system operating externally and partially internally.

  10.              No drinks hoarding.

  11.              Pro-active policy against “binge” drinking.

  12.              Zero tolerance to offensive conduct.

  13.              Regular glass collection.

  14.              Air-conditioning provided.

  15.              Regular dedicated cleaning of premises.

  16.              Limit on number in premises.

  17.              Freephone or similar taxi facility.

  18.              Nominated staff to deal with complaints from neighbours.

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

   

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

   

  ·              Suitable signage be positioned at exits to request the co-operation of patrons in particular to make as little noise as possible when leaving the premise, and patrons would be asked not to stand around talking in the street outside of the premises, and asked to leave the vicinity quickly and quietly.

  ·              The outside storage facility not to be accessed after 23:00 hours on any day.

  ·              For the supply of alcohol Monday to Sunday 10:00 hours to 00:00 hours.

  ·              Opening Hours to be Monday to Sunday 10:00 hours to 00:30 hours.

  ·              Music activity other than recorded music to be restricted to Friday and Saturday and one other day, within one week, with the exception of Bank Holidays.

   

   

  Review on 29th september 2020

   

  Members agreed that it was appropriate and proportionate to impose the following conditions to ensure the promotion of the aforementioned licensing objective and the licence would

  therefore be modified as follows:

  a. S.177A of the Licensing Act 2003 does not apply to the licence

  b. In accordance with S.177A(4) of the Licensing Act 2003, the following conditions are added to the licence:

  i. No regulated entertainment is permitted outside the premises. This includes any outdoor seating, beer garden, car park or temporary structure.

  ii. Regulated entertainment is permitted inside the premises only

  S.177A of the Licensing Act 2003 does not apply to the licence

  The committee did not consider it appropriate to impose the condition relating to regulated entertainment taking place inside the premises as no evidence had been received that this was an issue.

   

• ANNEX 4 - PLANS

   

  As Attached

   

Premises Plans

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