Oldham CouncilSir Robert Peacock House

Kobe Pan Asia

36 High Street, Uppermill, Oldham, OL3 6HR

Completed application 086128 which is a Change of Premises Name for Premises Licence from 01/04/2022 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

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

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

   

  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.

  The Prevention of Crime and Disorder

  Staff Training

   

  The Premises Licence Holder or Designated Premises Supervisor will ensure all staff employed at the venue are aware of the law and their responsibilities under the Licensing Act.    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.

   

  CCTV

   

  A tamper-proof digital colour CCTV system must be installed and maintained to a satisfactory standard at the premises.

  The system must run and record continuously for 24 hours a day, 7 days per week and recorded footage must be stored for a minimum of 28 days.

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

  Recorded footage must 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 must be present at the premises at all times when licensable activities are taking place.

  A responsible person must 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 must be placed in prominent positions within the premises, including information on the data Protection Act and the Human Rights Act.

   

  Incident Book

  An incident book (with the pages numbered sequentially) must be kept on the premises and be made available for inspection by responsible authorities. The incident book must 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 ejection from the premises

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

   

  Plastic Polycarbonate Glasses

   

  The premises will risk assess whether plastic/polycarbonate glasses should be used when functions/events are being held inside the premises.  A written record of this will be held at eh premises detailing the time and date of the function and the reason as to why plastic/polycarbonate glasses were either used or not.

  This will be available for inspection on the request of the Police or other responsible authority.

   

  Public Safety

   

  Fire and risk assessments to be undertaken with monthly checks and these are to be recorded.

  The Protection of Public Nuisance

  No Drinks Outside

  The Premises Licence Holder/Designated Premises Supervisor must ensure that no drinks are consumed outside the premises nor glasses removed from the premises by patrons when leaving.

  Doors & Windows

  To prevent noise nuisance, all windows and doors at the premise must be kept closed at any time when regulated entertainment, live music (amplified or unamplified), recorded music or any other type of entertainment (amplified or unamplified) is being performed at the premise, except to allow people to enter or exit.

  No music to be played via external speakers.

  Entertainment to be Inaudible

  Noise generated by regulated entertainment, live music (amplified or unamplified), recorded music or any other type of entertainment (amplified or unamplified) must be inaudible at the nearest noise sensitive location.

  Notices to Customers

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

  The Protection of Children from Harm

  Challenge 25

   

  A documented Challenge 25 scheme will be operated at the premises.  The Challenge 25 scheme shall be actively promoted and advertised at the premises and will ensure that any person purchasing alcohol, who appears to be under 25 years of age, shall be asked to provide acceptable identification to prove that they are 18 years of age or over.  Failure to supply such identification will result in no sale or supply of alcohol to that person.

   

  The Proof of Age Standards Scheme (PASS) will be actively promoted at the premises by the display of Challenge 25 posters bearing the PASS logo.

   

  A PASS accredited holographic proof of age card will be the main identification document accepted at the premises as proof of age.  A PASS card must be accepted as proof of age if a purchaser possesses one.  When a purchaser does not possess a PASS accredited proof of age card, only the following forms of alternative identification will be acceptable: -

   

  (a)   Photo driving licence

  (b)   Passport or

  (c)   Her Majesty's Forces Warrant Card

   

  Refusals Book

  A refusals book must be kept at the premises and must 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 or persons who appear underage must be recorded. The details to be recorded must be as follows:

                (i) Time, day & date of refusal

                (ii) Item refused

   

  The Protection of Children from Harm

   

  The premises will have an Age Verification Policy and will operate and promote the Challenge 25 proof of age scheme.  The only acceptable identification that will be accepted is a passport, photo driving licence, personal licence or PASS accredited proof of age card.  Staff training will include the Challenge 25 policy and its operation.  In particular staff shall be trained to take such action as is necessary to prevent the sale of alcohol to persons over the age of 18 where those customers are engaged in the distribution of alcohol to persons under the age of 18.

   

   

   

   

   

   

   

   

   

• 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 03/03/2022

  Plan Ref 03032022-001