Oldham CouncilSir Robert Peacock House

Sunny Video

4 - 6 Oxford Street, Werneth, Oldham, OL9 7SN

Completed application 081191 which is a Suspension following a Review for Premises Licence from 22/06/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• the supply of alcohol

Additional Conditions

• Annex 1

   

  Embedded Conditions

   

  S.164 LA 1964

  Off-licence             

  Alcohol shall not be sold in an open container or be consumed in the licensed premises.

   

   

  Off-licences and off-sales departments of on-licensed             

   

                              a.              On weekdays, other than Christmas Day, 8 a.m. to 11 p.m.

                                            premises             

                              b.              On Sundays, other than Christmas Day, 10 a.m. to 10.30 p.m.

                              c.              On Christmas Day, 12 noon to 3 p.m. and 7 p.m. to 10.30 p.m.

                              d.              On Good Friday, 8 a.m. to 10.30 p.m.

   

   

                              The above restrictions do not prohibit:

  (a)              during the first twenty minutes after the above hours, the taking of the alcohol from the premises, unless the alcohol is supplied or taken in an open vessel;

  (b)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

                (c)              the sale of alcohol to a trader or club for the purposes of the trade or club;

  (d)              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.

   

   

  S.166 LA 1964

  Licensed premises             

   

  Alcohol shall not be sold or supplied unless it is paid for before or at the time when it is sold or supplied, except alcohol sold or supplied:

  (a)              with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;

  (b)              for consumption by a person residing in the premises or his guest and paid for together with his accommodation;

                (c)              to a canteen or mess.

   

  Mandatory conditions where licence authorises supply of alcohol

   

  (1)              Where a premises licence authorises the supply of alcohol, the licence must include the following conditions.

   

  (2)              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.

   

  (3)              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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) Order 2014

   

  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 the condition set out in paragraph 1-

  (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 + (D×V)

   

  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 premises in respect of which there is in force a premises licence-

  (i) the holder of the premises licence,

  (ii) the designated premises supervisor (if any) in respect of such a licence, or

  (iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;

   

  (d) “relevant person” means, in relation to premises in respect of which there is in force 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 (2) 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.

   

  The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

   

  3. (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.

   

   

• ANNEX 2 - Conditions Consistent with the Operating Schedule

   

  N/A

   

   

• ANNEX 3 - Conditions attached after a Hearing

   

  The licence holder shall ensure that at all times when they are carrying on the sale of alcohol by retail there are sufficient, competent staff on duty at the premises for the purpose of fulfilling the conditions of the licence and for preventing crime and disorder.

   

  Alcoholic drinks in open containers may not be removed from the premises.

   

  All tobacco products which are not on the covered tobacco display cabinet shall be stored in a container clearly marked ‘Tobacco Stock’. This container shall be kept within the storeroom, or behind the sales counter.

   

  Tobacco shall only be taken from the covered tobacco display cabinet behind the sales counter in order to make a sale.

   

  Any staff tobacco will be stored in lockers provided by the Premises Licence Holder rather than on the shop floor.

   

  CCTV

  A digital Closed Circuit Television System (CCTV) installed and maintained in good working order and be correctly time and date stamped.

   

  The system must incorporate sufficient built-in hard-drive capacity to suit the number of cameras installed.

   

  CCTV must be capable of providing pictures of evidential quality in all lighting conditions, particularly facial recognition.

   

  Cameras must encompass all ingress and egress to the premises, the immediate area outside the frontage of the Premises and all areas where the sale/supply of alcohol occurs.

   

  The system must record and retain CCTV footage for a minimum of 28 days.

   

  The system must record at all times when the Premises are open.

   

  The system must incorporate a means of transferring images from the hard-drive to a format that can be played back on any desktop computer.

   

  The Digital recorder must be password protected to prevent unauthorised access, tampering, or deletion of images.

   

  There must be at all times, when the premises is open, a member of staff on duty with access to the CCTV system who is trained in the use of the equipment.

   

  Upon receipt of a request for a copy of CCTV footage from Police, or Officers or any other Responsible Authority, the member of staff will produce the footage within 24 hours, or less if urgently required for investigations of serious crime. 

   

  CCTV footage must be made available to be viewed by Greater Manchester Police or an Officer of a Responsible Authority upon request.

   

   

  INCIDENT BOOK

   

  An incident book must be kept at the Premises and maintained up to date (no later than 24 hours after the incident) at all times and will record the following:

   

                       Time date and details of all incidents/complaints of crime and disorder or anti-social behaviour

                       All crimes reported to the venue

                       Any faults in the CCTV system, searching equipment or scanning equipment

                       Any visit by a responsible authority or emergency service

   

  The incident book must be kept at the premises and made available to the Greater Manchester Police or an Officer of a Responsible Authority on request.

   

  REFUSALS REGISTER

   

  A refusals register must be kept at the Premises and maintained up to date at all times recording the date time, type of product refused, reasons for every refusal to sell alcohol to a customer and the name and signature of member of staff refusing the sale.

   

  The refusals record must be made available to the Greater Manchester Police or an Officer of a Responsible Authority on request.

   

  The Premises Licence Holder or the Designated Premises Supervisor must monitor the Refusals Register every month and must sign and date the Refusals Register when this has been completed, or if the Refusals Register is electronic the check and date and time of the check must be clearly recorded.

   

  TRAINING

  Training in relation to the Licensing Objectives and the conditions on the premises licence, Challenge 25, underage sales, sales to adults on behalf of minor (proxy sales), sales to intoxicated persons, refusals registers, incident records dispersal policy, the premises’ drugs policy must be provided and undertaken by all members of staff (whether paid or unpaid) before they make a sale or supply of alcohol and at least every six months thereafter.

   

  Documented training records must be completed in respect of every member of staff and must include the name of the member of staff trained, date, time and content of the training.  The record must be signed by the member of staff who has received the training, the Designated Premises Supervisor, the Premises Licence Holder or external training providers.

   

  The Premises Licence Holder shall ensure that and all staff, both existing and new attend the Oldham Trading Standards ‘Get ID Right’ training course on age restricted sales and enforcement. The premises licence holder shall bear the costs of this ongoing training. For the premises licence holder/DPS/existing staff this training should be concluded within two months of the conditions commencing and for new staff within six weeks of commencing employment.

   

  Documented training records must be kept at the premises and made available to the Greater Manchester Police or an Officer of a Responsible Authority on request.

   

   

  THE PREVENTION OF PUBLIC NUISANCE

   

  The Premises Licence Holder must ensure notices are displayed at all entrances and exits of the premises advising customers to have respect for the nearby residents and keep noise levels to a minimum as they depart.

   

  PUBLIC SAFETY

  The premises licence holder must conduct a risk assessment for the general operation of the premises.  This will include fire, health and safety and emergency evacuation.  It will cover all areas of the premises, including any basement and outside areas.

   

  The premises’ fire risk assessment will be made available to any responsible authority immediately upon request.

   

  The premises licence holder must ensure that all emergency lighting is checked on a weekly basis. Entrances, exits and passageways shall be kept clear.

   

   

  THE PROTECTION OF CHILDREN FROM HARM

  Challenge 25 scheme in operation at the premises. Appropriate signage placed at the entrance to the premises and adjacent to any serving area. The premises operates a policy whereby any person attempting to buy alcohol who appears to be under 25 will be asked for photographic ID to prove their age. The ID that will be accepted is a passport or driving licence with a photograph.

   

  The premises licence holder must display Challenge 25 posters in prominent positions within the premises, including at the point of sale and the entrance to the premises.