Chapter One

92 High Street, Lees, Oldham, OL4 5AA

Completed application 046198 which is a Transfer and Change of Supervisor for Premises Licence from 09/12/2015 to indefinite

Applicant(s)

Designated Premises Supervisor

Permitted Activities

• any playing of recorded music
• the supply of alcohol

Additional Conditions

• Annex 1 - Mandatory 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

   

   

  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

   

  (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

   

  Mandatory Licensing Conditions from 1st October 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.

   

  (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-

   

  (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

   

  I am aware of the four licensing objectives and will always uphold them.

   

  The Prevention of Crime and Disorder

   

                       The DPS and or a personal licence holder to be present on the premises at all times whilst it is open for business on a Friday and Saturday evening.  (PLH to risk assess whether this is necessary at other times)

   

                       The DPS to give the police 7 days notice of any absence from the premises ie. holidays and nominate who will  be the responsible person in charge whilst away.

   

                       There must be a minimum 1 SIA registered door staff present while the premises are open for business on Friday and Saturday evenings from 10 pm.  Door staff will stay on duty till the premises are closed.

   

                       All door supervisors will wear hi-visibility jackets and display their SIA badge in an arm band.  This arm band will be worn on the sleeve of their coat/jacket, so that it is visible to members of the public, police officers and licensing officers.

   

                       A written record of the door supervisors working on any evening must be kept.  The minimum amount of information that must be recorded is 'date, full name, time shift started, time shift finished, SIA badge number, signature'.  Upon request this record must be given to Greater Manchester Police and/or authorised officer of the council.

   

                       Every person entering the premises after pm as a customer will be subject to a search whilst the premises are open for business.  Those suspected of carrying offensive weapons/drugs will be excluded from the premises.

   

                       Excluded individuals will be denied entry into the premises (excluded individuals include those subject to court bans, pubwatch exclusions and those excluded by the licence holder).

   

                       DPS or Premise Licence Holder will be a member of the pubwatch scheme and attend meetings on a regular basis.

   

                       Digital CCTV WILL be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions particularly facial recognition.  Cameras shall encompass all ingress and egress to the premises, fire exits and all areas where the sale/supply of alcohol occurs.

   

                       Equipment MUST be maintained in good working order, be correctly time and date stamped, recordings must be kept in date order, numbered sequentially and kept for a period of 31 days and handed to the Police or other responsible authority on demand.

   

                       The Premise Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in a recordable format.  ie. DISC to the Police/Local Authority on demand.

   

                       The recording equipment shall be kept in a secure environment under the control of the DPS or other responsible named individual.  A weekly operational report must be maintained and endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.

   

                       In the event of technical failure of the CCTV equipment the Premise Licence Holder/DPS must report the failure to the Police or Council Licensing on contact number 0161 856 9069 immediately.

   

                       The DPS or nominated person will share intelligence on drug use, drug dealing and anti-social behaviour within the venue to Police Officers, Council Licensing and other local venues.

   

                       The PLH or DPS 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 training courses.  All new staff must receive this training within 3 months of employment.  Refresher training must be given every 12 months.

   

                       The venue will maintain a written record of this training, detailing what date completed, when refresher is due/date refresher is completed.  What type of training provided.  All staff receiving this training will sign this document to say training has been provided and completed.  This record will be made available to the Police/Council on request.

   

                       A strict challenge 25 policy will be introduced for any person entering the premises and any person under the age of 18 will not be permitted entry into the premises.  In addition to the above regular checks will be made by bar staff and door staff of customers inside the venue to check valid ID and age of customers.

   

                       No customers will be allowed to take drinks or glassware outside the venue.

   

                       All smokers will utilise the front of the premises, NO drinks or glassware will be allowed outside the venue with smokers.

   

                       Door staff will be responsible for monitoring smokers at the front of the premises.  Any person who is not a customer of the premises will be encouraged to move away from the front of the premises.

   

                       The rear fire door will remain closed whilst the premises are open for business.  No customers will use the rear fire door to enter or leave the premises unless in the event of an emergency.

   

                       The rear fire door will have an alarm fitted so as to notify staff that the door has been opened.

   

  Public Safety

   

  We will have a supervisor walking about at all times and a qualified first aider on site.

   

  The Prevention of Public Nuisance

   

  We have always run a very quiet bar and have had no trouble up to yet.  We have always had supervisors walking round at all times.

   

  For premises where entertainment frequently takes place, music and associated sources (including DJs, and amplified voices) should generally not be audible inside noise sensitive property at any time. Where entertainment takes place less frequently, such noise should not be audible inside noise sensitive property between 23.00 and 07.00 hours.

   

  The Protection of Children from Harm

   

  We don’t have any children in.

   

  Annex 4 - Embedded Conditions

   

  On-licences              Alcohol shall not be sold or supplied except during permitted hours.

  In this condition, permitted hours means:

   

  g.              On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).

   

  The existing restrictions do not prohibit:

   

  (d)              consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;

  (e)              the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;

  (f)              the sale of alcohol to a trader or club for the purposes of the trade or club;

  (g)              the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;

  (h)              the taking of alcohol from the premises by a person residing there; or

  (i)              the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or

  (j)              the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.

   

  S.166 LA 1964              Alcohol shall not be sold or supplied unless it is paid for before

  Licensed Premises              or at the time when it is sold or supplied, except alcohol sold or supplied:

  (a)              with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;

  (b)              for consumption by a person residing in the premises or his guest and paid for together with his accommodation;

  (c)              to a canteen or mess.

   

  S.168, 171, 201 LA              No person under fourteen shall be in the bar of the

  1964 On-licence,               licensed premises during the permitted hours

  no children’s                             unless one of the following applies:

  certificate

  (1)              He is the child of the holder of the premises licence.

  (2)              He resides in the premises, but is not employed there.

  (3)              He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.

  (4)              The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.

  In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor.  But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.