Public Realm

Parliament Square, Yorkshire Street, Oldham, OL1 1RA

Completed application 038072 which is a New Application for Premises Licence from 09/09/2014 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• a performance of a play
• an indoor sporting event
• a performance of live music
• 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
• the supply of alcohol
• a performance of dance

Additional Conditions

• LICENSING ACT 2003

   

  MANDATORY CONDITIONS

   

   

   

  19              Mandatory conditions where licence authorises supply of alcohol

   

  (1)              Where a premise 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.

   

  ADDITIONAL MANDATORY CONDITIONS

   

   

  1.              (1) The responsible person shall take all reasonable steps to ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.

   

  (2) 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 in a manner which carries a significant risk of leading or contributing to crime and disorder, prejudice to public safety, public nuisance, or harm to children-

   

  (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 (other than any promotion or discount available to an individual in respect of alcohol for consumption at a table meal, as defined in section 159 of the Act);

   

  (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;

   

  (d)              provision of free or discounted alcohol in relation to the viewing on the premises of a sporting event, where that provision is dependent on-

   

  (i)              the outcome of a race, competition or other event or process, or

   

  (ii)              the likelihood of anything occurring or not occurring;

   

  (e)              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.

   

  2.              The responsible person shall ensure that no alcohol is dispensed directly by one person into the mouth of another (other than where that other person is unable to drink without assistance by reason of a disability).

   

  3.              The responsible person shall ensure that free tap water is provided on request to customers where it is reasonably available.

   

  4.              (1) The premises licence holder or club premises certificate holder shall ensure that an age verification policy applies to the premises in relation to the sale or supply of alcohol.

   

  (2) 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 a holographic mark.

   

  5.              The responsible person shall 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; and

   

  (b)              customers are made aware of the availability of these measures.

   

  The following conditions came into force on 28th May 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(a);

   

  (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(b).

   

  Annex 2 - Conditions consistent with the Operating Schedule

   

  General - all four licensing objectives

   

  Event activity within the Town Centre will be risk assessed and run in consultation with Greater Manchester Police to ensure compliance with the licensing objectives.

   

  The Prevention of Crime and Disorder

   

                       The event organiser shall inform Oldham Police via the Town Centre Neighbourhood Unit, 28 days prior to any event.

                       When alcohol is to be a component of the event, advice of Oldham Police Partnership Unit/Town Centre Neighbourhood Unit is sought prior to the event

                       Where alcohol is to be a component of the event, the area to be used shall be clearly demarcated and appropriately stewarded.

                       An appropriate number of stewards and security personal shall be provided in the licensed area with consideration given to the nature of the event.

                       Each event shall have appointed a designated event supervisor.  It will be their responsibility to liaise with the necessary responsible authorities and produce a risk assessment for each event.

                       Management and staff shall take active and effective steps to ensure that no illegal activities are permitted on the premises and to control disorderly conduct within the licensed area.

                       Management and staff shall ensure that measures to be implemented are sufficient to prevent people gathering and causing disturbance during event activity.

                       Management and staff shall ensure that adequate measures are in place to control emergency situations.

                       Refuse shall be collected regularly by members of staff during events.

                       Unless otherwise agreed by GMP all alcohol will be supplied in plastic or polycarbonate containers.

   

  Public Safety

   

                       The Police and Traffic Management Section of the Council are directly involved in the development of events

                       Specialist event stewards are contracted in for major events.

                       A full risk assessment is undertaken for major events.

                       Certified contractors are involved for the supply and installation of temporary structures such as staging, rigging, etc.

   

  The Prevention of Public Nuisance

   

                       Excessive litter generated by major events is removed by agreement with OMBC Environmental Services or through post event litter picks.

                       All events work to OMBC guidelines on noise levels.

                       All Town Centre occupiers are informed in advance of major events to help identify potential nuisance issues and minimise the likelihood of an occurrence.

   

  The Protection of Children from Harm,

   

                       The vast majority of events hosted within the Town Centre take place in the day time and are specifically aimed at a family audience.

                       All staff involved in the sale of alcohol shall be trained in the law relating to underage and proxy sales.

                       As part of any specific event's risk assessment, its suitability for children shall be risk assessed.

   

  Annex 4 - Plans

  Plan 038072 approved on 28th August 2014. A copy of the approved plan is held at the Offices of the Licensing Section.