Oldham CouncilSir Robert Peacock House

Anglers Arms

95 Wrigley Head, Failsworth, Manchester, M35 9BH

Open application 105271 which is a Expedited/Summary Licence Review for Premises Licence from 11/10/2022

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• 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
• 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

   

  Staff Training

   

  The Premises Licence Holder of Designated Premises Supervisor will ensure all staff employed at the venue are aware of the law and their responsibilities under the Licensing Act.  Staff must undertake training in licensing law, such as the BIIAB Award in Responsible Alcohol retailing or any other recognised training courses.  All new staff must receive this training within 3 months of commencing employment at the premises.  Refresher training must be given every 12 months.

   

  A record shall be retained of all such training, and shall include details of the date the training was given, the date the refresher training is next due, and the type of training provided.  All staff receiving this training will sign the training record to confirm the training has been completed and provided.  Such record will be produced for inspection by the Police or other authorised officers of the licensing authority upon request.

   

  The Prevention of Crime and Disorder

   

  A tamper proof CCTV able to record continuously for 24 hours, 7 days with recorded footage storage of up to 31 days has been installed. The pub manager has been trained on its operation. Drug abuse warning signs have been displayed and staff has been briefed to operate a zero tolerance to disorderliness. A safety check list has been made available to all staff. Staff will be trained and retrained every 12 months of the law and their responsibilities under the licensing Act.

   

  Public Safety

   

  A tamper-proof digital colour CCTV system must be installed and maintained to a satisfactory standard at the premises.CCTV also covers the garden area and outdoor bar

   

  The system will run and record continuously for 24 hours a day, 7 days per week and recorded footage must be stored for a minimum of 31 days.

  The system will provide a clear head and shoulders view to an evidential quality on every entry/exit route and within any other vulnerable areas.

  Recorded footage will be provided to a representative of any responsible authority on request. Such footage must be provided in an immediately viewable format and must include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred must be provided by the premises and sufficient stock of such storage media must be kept on the premises at all times.

  A member of staff who is trained to operate the system and supply footage will be present at the premises at all times when licensable activities are taking place.

  The Responsible Person will ensure that the CCTV system is checked at least once every week by a suitably trained member of staff. This check must include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of the time & date. A written record of these checks must be kept, including a signature of the person carrying out the check. This written record must be kept on the premises at all times and made available to a representative of any responsible authority on request.

  Suitable signage informing customers that a CCTV system is in operation will be placed in prominent positions within the premises, including information on the Data Protection Act and the Human Rights act.

  All exits have been sign posted and illuminated.  First Aid box is fully stocked.  The pub has been well illuminated and bright colours painted on the walls.  Fire safety training will be provided to all staff and training records kept on site.

  The Prevention of Public Nuisance

  Door supervisor will be risked assessed when functions or other events are taking place, with a written record held at the premises detailing time and date of the function/event. All door staff supervisors will be required to wear HI-Vis and display their SIA badge. Signs have been displayed stating that customers must orderly and maintain a good and friendly atmosphere. Plastic/Polycarbonate Glasses would be used when functions/events are being held and a comprehensive record of them in the premises.

  All drinks will be consumed inside the premises or in the specified beer garden/smoking areas, a notice to this effect shall be displayed.Litter cleared daily to cause no nuisance to neighbouring properties.All bins emptied regularly and kept away from public spaces

   

   

   

  The Protection of Children from Harm

   

  The premises have adopted “challenge 25” as its age verification policy and will be trained in this respect.

  No person under the age of 18yrs shall be permitted entry into the premises with the exception of persons accompanied by an adult, attending a specific function at the premises.

  The only forms of acceptable IDs shall be a photo style driving license, a passport, an ID card which bears the “PASS” logo in a hologram format and military IDs

   

   

   

   

   

   

   

   

   

   

   

   

   

   

   

• ANNEX 3 - Conditions attached after a Hearing

  N/A

   

• ANNEX 4 - Plan(s) Associated with the Premises Licence

  Approved plans deposited and kept with the Licensing Authority

   

• ANNEX 5 - Seasonal Variations/Non-Standard Timings

  Section F (Recorded Music)

   

  Non-Standard Timings for the outdoor Bar 12:00-22:00 on Bonefire Night

   

  Section H (Anything of a similar description to E, F or G)

   

  Non-Standard Timings for the outdoor Bar 12:00-22:00 on Bonefire Night

   

  Section I (Provision of Late-Night Refreshment)

   

  Non-Standard Timings for the outdoor Bar 12:00-22:00 on Bonefire Night

   

  Section J (Supply of Alcohol)

   

  Non-Standard Timings for the outdoor Bar 12:00-22:00 on Bonefire Night

   

  Section O (Hours premises are open to the public)

   

  Non-Standard Timings for the outdoor Bar 12:00-22:00 on Bonefire Night