Wild Coyote Cafe/Bar

180 Exeter Street, Plymouth, Devon, PL4 0NQ

Completed application 030841 which is a Revoked for Premises Licence from 20/09/2011 to 21/09/2011

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• a performance of dance
• entertainment of a similar description to that falling within a performance of live music, any playing of recorded music or a performance of dance
• provision of late night refreshment
• sale and supply of alcohol

Additional Conditions

• Review of Premise Licence received 02/08/2011 relates to the following licensing objectives

  1) the prevention of crime and disorder

  2) public safety

  3) the prevention of public nuisance

  4) the protection of children from harm

   

  Over the past two weekends the management of this premises has fallen below an acceptable standard and has negatively impacted on the four licensing objectives

  Two specific incidents have taken place that have resulted in criminal offences being recorded.

  The incidents also indicate the current DPS is not capable of managing the premises to an acceptable standard. 

   

  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

   

  Any existing conditions attached to existing justices licence

   

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

   

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

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

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

  4.              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

                5.              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

   

  A              Steps that have been taken to promote the Four Licensing Objectives

   

  1.              CCTV system installed

  2.              Signs in place to encourage patrons to order your taxi before closing

  3.              Signs in place requesting patrons to think of others and leave premises quietly

  4.              Children not allowed in the premises after 21.00hrs

  5.              There will be no drink promotions

  6.              Ventilation and air conditioning units are provided

  7.              Zero tolerance to drug use and drink ‘spiking’

  8.              Tables cleared on a regular basis

  9.              No front opening windows

   

  B              Conditions agreed with The Environmental Health Authority

   

  Public Nuisance

   

  1.              Live Music Restricted to 00.00

  2.              Doors and windows will be kept shut during entertainment.

  3.              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.

  4.              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

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

   

  Between 23.00hrs & 00.00hrs

   

  6.              To prevent entertainment being intrusive, noise emanating from the premises

  will not be clearly distinguishable above other noise 1 metre from the facade of the nearest residential property.

   

  Between 00.00hrs and 02.00hrs

   

  7.              Noise emanating from the premises will not be distinguishable above back

  ground levels 1 metre from the facade of the nearest residential property.

   

  After 02.00hrs until 08.00hrs

   

  8.              Total sound containment within the premises

   

  C              Conditions that have been agreed with The Police Licensing Authority

   

  Crime and Disorder

   

  1)              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.

  2)              The premises licence holder and/or the designated premises supervisor or a person nominated by them shall be a member of and regularly attend meetings of any pubwatch scheme for the area within which the premises are located (if relevant).

  3)              A digital CCTV system that covers the public areas inside the premises will be maintained in good working order at all times including facial recognition either at the entrance or exit point.  The images recorded will be of good quality and will be retained for 14 days and made available to the authorities on request.

  4)              A notice will be displayed at the entrance to the premises advising that CCTV is in operation.

  5)              The Police Licensing Department will be informed if the CCTV system is not working properly.

  6)              Door Supervisors will be employed any day of the week that the premises remain open after 23.30 hrs until close.

  7)              At least  2 door supervisors for the first 100 patrons and one for every 100 patrons therafter.

   

  Public Disorder

   

  1.              No open bottles or other vessels will be permitted to be taken from the premises.

  2.              There will be regular glass collection made in all areas of the premises

  3.              A good selection of soft drinks will also be sold at the premises.

  4.              A daily incident logbook detailing all incidents of note at the premises or in the immediate vicinity e.g. slips, accidents, entry refusals and incidents of disorder etc.  The log will detail the date, time, type of incident, brief circumstances, action taken and person dealing.  The logbook will be made available for up to six months for the police or any other responsible authority for inspection if required.  All relevant incidents will be reported to the police at the earliest opportunity

   

  Public Nuisance

   

  1.              At least 15 minutes before the last sale of alcohol the atmosphere will be adjusted to create a calm period of wind down. An example will be the turning up of lights and switching off of any background music.

  2.              The DPS will ensure that the level of noise emitting from the premises is kept to a minimum so as to not disturb the residential neighbours.

   

  Protection of Children

   

  1.              Any person who looks or appears to be under the age on 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 card (proof of age standards scheme)

   

  2.              Proof of age checks will take place inside the premises by staff whenever they have doubt about a person’s age.

   

  3.              Notices obtained from Police publicising the Challenge 21 initiate shall be clearly displayed at the entrance to the premises and behind the bar area at all times

   

  4.              Children under the age of 18 years will not be allowed entry when any entertainment of an adult or sexual nature is taking place.

   

  General

   

  1.              No irresponsible drinks promotions or all inclusives

  2.              No drinks hoarding

  3.              Police Officers will be afforded all possible assistance in the course of their investigations that relate directly to the premises.

  4.              All material evidence resulting from a criminal incident will be preserved for Police forensic examination.

   

   

   

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

   

  Licensing Sub Committee meeting held on 20 September 2011

   

  It was agreed that the premise licence would be revoked

• ANNEX 4 - PLANS

   

  As Attached