Oldham CouncilSir Robert Peacock House

The Ace

Fircroft Road, Fitton Hill, Oldham, OL8 2QD

Completed application 073048 which is a Change of Supervisor for Premises Licence from 20/10/2020 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• the supply of alcohol

Additional Conditions

• 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

   

  1.-(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.

   

  (4)              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).

   

  2.  The responsible person must ensure that free potable water is provided on request to customers where it is reasonably available.

   

  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.

   

  4.  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.”

• Annex 2 - Conditions consistent with the Operating Schedule

   

  General - all four licensing conditions

   

  Dorbiere Ltd are a company who have been working in the licensing trade for 3 decades and take great pride in working closely with the local authorities for mutual benefit.  It is the intention of Dorbiere Ltd to offer people the opportunity to socialize in an enjoyable, friendly and safe environment.  We fully understand our responsibilities of retailing alcohol and have been active supporters of local and national initiatives to curb anti-social behaviour and promote sensible drinking.

   

  Prevention of Crime and Disorder

   

  The following potential issues have been identified:

   

  Responsible Promotions

  External Factors

  Door Supervisors

  Internal Factors

  Glass Control

  Pubwatch

   

  Responsible Promotions

   

  At Dorbiere Ltd we recognise the need to drink responsibly.  All promotional activity will accordingly comply with industry agreed codes of practice.

   

  External Factors

   

  Customers leaving the premises will be requested to leave in a quiet and orderly manner.

   

  Door Supervisors

   

  Generally due to the nature of Dorbiere pubs door supervisors are not required.  In the unlikely event that disorder within the area increases the Designated Premise Supervisor will bear in mind the benefits of hiring door supervision.

  Licensees are encouraged to closely monitor all customers entering and leaving our premises.

   

  Internal Factors

   

  With regard to drugs: any person found using drugs will be removed from the premises.  Any person found to be dealing drugs will be detained and the Police informed immediately.  Drugs seized will be handed over to the Police.

  Licensees are provided with a risk assessment file, which identifies the hazard of dealing with incidents of disorder.

  We encourage vigilance among staff to supervise customers in all parts of the premises.

   

  Glass Control

   

  The general environment and level of supervision and regular glass collections is considered sufficient to prevent dangers arising from the use of bottles or glasses as weapons.

  Keeping premises and surrounding areas tidy.

   

  Pubwatch

   

  All our licensees are encouraged to be members of their local pubwatch scheme.  As a company we have been instrumental in setting up schemes in certain areas

   

  Public Safety

   

  The following potential issues have been identified:

   

  Risk Assessment

  Fire

  Electrical Installation

   

  Risk Assessment

   

  Consultation with local Fire Authority and other responsible authorities.

  Ensuring that Public Liability Insurance is in place.

   

  Fire

   

  Maintaining emergency exits unlocked and clear at all times.

  An adequate number of fire exits are provided and clearly marked and maintained to readily afford ample means of safe escape.

  Means of escape and passageways and gangways will be kept clear and unobstructed during the whole time the premises are used for licensable activities.

  No fire door shall be held open other than by approved devices.

  In the event of an outbreak of fire, irrespective of the severity, the fire brigade shall be immediately called to the premises.

   

  Electrical Installation

   

  Adhere to fire regulations.

  Temporary electrical wiring installations shall only be undertaken by competent qualified persons.  Where this is not practicable all temporary electrical lighting shall be inspected and certified by a competent qualified person before it is put to use.

   

  The Prevention of Public Nuisance

   

  The following potential issues have been identified:

   

  Nuisance from outside.

  Nuisance for persons dispersing.

  Other nuisance.

   

  Nuisance from outside

   

  Permitting outdoor drinking and eating only in defined areas.

   

  Nuisance from persons dispersing

   

  The company are mindful of the concerns of residents and will take all reasonable steps to prevent nuisance.

  Display of telephone numbers for taxi firms in a prominent location and provide other facilities for customers to order cabs.

        Notice in Exit routes to remind them to leave quietly

   

  Other nuisance

   

  Removal of glassware and regularly cleaning and clearing tables where outside drinking takes place.

  Provision of secure facilities for empty glass containers.

  Cleaning area around the premises on a regular basis.

  Ensuring refuse is removed regularly and in a manner sensitive to needs of local residents.

        Music volume is directly under the control of management and volumes will be monitored regularly.

   

  All external doors and windows shall be kept closed when entertainment is being provided, other than for access and egress and in the event of an emergency. If additional ventilation is subsequently necessary, then it shall be attenuated in accordance with a scheme submitted to the licensing authority.

   

  The licence holder or his representative shall conduct regular assessments of the noise coming from the premises on every occasion the premises are used for regulated entertainment and shall take steps to reduce the level of noise where it is likely to cause a disturbance to local residents. 

   

  All children under the age of 16 should be off the premises by 10:30pm at the latest, save for private family functions held in a separate function room

   

  The Protection of children from harm

   

  The following potential issues have been identified:

   

  Sale to under 18’s.

  Under 18’s in the premises.

   

  Sale to under 18’s

   

  Displaying prominent signage about the laws relating to children and alcohol.

  Making customers aware of the law involving sales and purchases of alcohol on behalf of children.

  Insisting that anyone who appears to be under 18 must produce ID or a proof of age card.

  Suitable ID includes: passport, photo card driving licence, citizen card.

   

  Under 18’s in the premises

   

  No children under 18 are to enter the premises (expect accessing toilet facilities) unless accompanied by an adult.

  All staff are aware to report any suspicious behaviour to the premises management.

  We support the Portman Group code of practice which aims to ensure that drinks are package and promoted to over 18’s only, and in a socially responsible way.

   

   

   

• Annex 3 - Conditions attached after a hearing

   

• Annex 4 - Plans