Oldham CouncilSir Robert Peacock House

Chadderton Bar & Grill

422-424 Middleton Road, Chadderton, Oldham, OL9 6PY

Completed application 071238 which is a Transfer and Change of Supervisor for Premises Licence from 24/03/2020 to 31/12/2024

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of live music
• any playing of recorded music
• 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

   

  General

   

  1. Staff Training

   

  Any staff employed at the premises will receive training by the Designated Premises Supervisor on first appointment and at least every three months thereafter.  Training will include input on preventing underage sales, sales of alcohol to people who are drunk, application of the drugs policy and any other relevant matters.  A written record will be kept of all training carried out.  This record must be kept on the premises and made available for inspection by any responsible authority.

   

  2. List of Authorised Persons

   

  The Designated Premises Supervisor must maintain a written record of all members of staff who are authorised to sell alcohol.  This record must include a photograph of the relevant members of staff to be kept on the premises at all times and be made available to a representative of any responsible authority on request.

   

  3. The premises will operate a Due diligence folder

  This will include:

   

                       Documentation for quarterly independent monitoring of compliance

                       The 4 licensing objectives explained

                       Contact details for the eDPS

                       Age verification Policy

                       Drugs Policy

                       Purchasing Policy

                       Authorisations to sell alcohol

                       Refusals register

                       CCTV monitoring sheets

                       Paginated incident log

                       Individual staff profiles including immigration status and training record

                       Training material for staff induction and ongoing training

   

  The prevention of crime and disorder

   

  1. CCTV

  A tamper-proof digital colour CCTV system will be installed and maintained at the premises to the satisfaction of the Police

   

  The system will run and record continuously for 24 hours a day, 7 days per week and recorded footage for a minimum of 28 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 will be provided in an immediately viewable format and will include any software etc. which is required to view the footage. Any discs, portable drives or other storage media onto which footage is transferred will be provided by the premises and sufficient stock of such storage media will 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 Designated premises Supervisor will ensure that the CCTV system is checked at least once every week by a suitably trained member of staff.  This check will include the operation of the cameras, the recording facilities, the facilities for providing footage and the accuracy of time and date. a written record of these checks will be kept, including a signature of the person carrying out the check.  this written record will 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.

   

  2. Incident Book

   

  An incident book (with the pages numbered sequentially) will be kept on the premises and be made available for inspection by responsible authorities. The incident book will be used to record the following:

   

  (i) Any incident of violence or disorder on or immediately outside the premises

  (II) Any incident involving controlled drugs (supply/possession/influence) on the premises.

  (III)Any other crime or criminal activity on the premises

  (iv) Any refusal to serve alcohol to persons who are drunk (On sale and off sale premises only)

  (v) Any refusal to serve alcohol to under 18's or anyone who appears to be under 18

  (vi) Any call for Police assistance to the premises

  (Vii) Any election from the premises

  (viii) any first aid/other care given to a customer

   

  3. Drug Policy

   

  The management of the premises will introduce a strict "zero tolerance" policy in respect of the use and ‘or supply of illegal drugs on the premises. Suitable signage to be placed in prominent areas within the premises.

   

  Public Safety

   

  1. The interior of the premises will be set out to ensure public safety.

   

  2. The premises will have a glass collection policy, where empty glasses are regularly removed from tables both inside and outside the premises.

   

   

  The Prevention of Public nuisance

   

  1. Notices requesting customers to leave quietly will be displayed in a prominent position next to each entrance/exit.  The Designated Premises Supervisor will ensure that customers are encouraged to keep the noise to a minimum when leaving the premise.

   

  2. Litter Control

   

  The Designated Premises Supervisor will ensure that a member of staff collects all litter from the outside gardens of the premises every day at the conclusion of trading.

   

  The Protection of Children from harm

   

  1. Challenge 25

   

  The premises will operate a 'Challenge 25’ scheme at the premise in relation to age verification for alcohol sales and other age-restricted products. Signs and/or posters will be displayed in prominent positions inside the premise to inform customers of this condition.

   

  Customers placing orders for home delivery will be informed that there is a challenge 25 policy in place and that the person placing the order must be the person taking the delivery.

  Photo ID will be required if the challenge 25 applies.

   

  2. Refusals Book

   

  A refusals book will be kept at the premises and will be used to record all refusals to sell alcohol for any reason. Where other age restricted products are sold at the premise, any refusals to sell such items to underage persons who appear underage will be recorded. The details to be recorded will be as follows:

   

  (i) Time, day & date of refusal

  (ii) Item refused

  (III)Name and address of customer (if given)

  (iv) Description of customer

  (v) Details of i.d offered (if shown)

  The refusals book will be made available for inspection by responsible authorities on request.

   

  A refusals book will be placed in the vehicle making deliveries and will be inspected by the DPS on a monthly basis.

   

  4. Proxy Notices

   

  The premise will display, in a prominent position, a notice or notices explaining that it is an offence for adults to supply alcohol and then supply it to persons under 18.

   

   

   

   

   

• ANNEX 3 - CONDITIONS ATTACHED AFTER A HEARING BY THE LICENSING AUTHORITY

   

  Not Applicable

• ANNEX 4 - PLANS

   

  Approved plans deposited and kept with the Licensing Authority - Plan Ref - 05042019_0001